Res No 047-23-15981RESOLUTION NO. 047-23-15981
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND
A WARDING A CONSTRUCTION CONTRACT TO NEON
SIGN SOLUTIONS, INC. FOR CONSTRUCTION OF THE
MARSHALL WILLIAMSON MONUMENT DISPLAY AT
MARSHALL WILLIAMSON PARK PURSUANT TO
INVITATION TO BID (1TB) NO. PR2023-05; AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT FOR THE PROJECT; AUTHORIZING
EXPENDITURE OF FUNDS; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, on March 27, 2023,the City of South Miami ("City") issued Invitation to Bid
("ITB") No. PR2023-05 for the production/fabrication, assembly, and installation of a new
Marshall Williamson Monument Display at Marshall Williamson Park (the "Project"); and
WHEREAS, the City received bid proposals from four ( 4) firms by the 1TB deadline,
which bids are summarized below:
Bidder(s) Total Proiect Cost
Neon Sign Solutions, Inc. $8,900
i2 Visual, Inc. $24,504.68
Kenco Signs & Awning, LLC $29,200
Excla Specialty Contractor Solutions, LLC $64,794.73
WHEREAS, City Staff recommends awarding a contract for construction of the Project to
the lowest and most responsive firm, Neon Sign Solutions, Inc. (the "Contractor"); and
WHEREAS, the City Commission desires to select the Contractor to construct the Project
and authorize the City Manager to negotiate and execute a construction contract, in the form
approved by the City Attorney (the "Contract"), with the Contractor in an amount not to exceed
$8,900.00 together with a contingency in the amount of $1,000 for any unforeseen construction-
related expenses, for a total amount not to exceed $9,900 for the Project; and
WHEREAS, the City Commission finds that the Project and this Resolution are in the best
interest and welfare of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Selection of Contractor and Award of Contract. The City Commission
hereby selects the Contractor for the Project and awards the Contractor the Contract for the Project.
Page 1 of2
Res . No . 047-23-15981
Section 3. A uthorization To Execute a Con struction Contract; Expenditure of
F unds. The C ity Manager is here b y a uthorized to negotiate a nd execute the Con t ra ct with t he
Contra ctor for t he Proj ect in th e form approved by the C ity Attorney. T he C i ty Man ager is hereb y
authorized to expend $8,900 for th e P roj ect together w ith a co n ti nge ncy in t he amount of $1,000
fo r a ny unforeseen cons tru ction-re la ted ex penses, for a tota l amou nt not to exceed $9,900.00 fo r
the Proj ec t. The tota l exp enditure s ha ll be charged to th e Capi ta l Improvem e n t account number
30 I -1790-5 19-6450, w hi c h has a c urrent fund balance of $927 ,5 16.
Section 4. Implementation. That th e C ity Mana ger is a u tho r ized to take an y and all
actions necessar y to impl ement t he P roj ect, the Contra ct fo r the Proj ect, a nd t he purposes of th is
R eso lu tion.
Section 5 . C orrections. Con for ming language o r techni ca l scri ven e r-type correct io n s
m ay be m ad e by t he C i ty Attorney fo r a ny co nforming a mendm e nts to be incorporated in to t he
fin a l reso l ution fo r s ignature.
Section 6.
adoption .
E ffecti ve Date. This R eso lu t io n s ha ll becom e effective im m edi ate ly up o n
P ASSED AND ADOPTED thi s 2 nd da y of May, 2023.
ATTEST :
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGA LITY AND
EXECUTION THEREOF:
~
WEISS SEROT A H E LFMAN C OLE
& BIERMAN, P.L.
C ITY ATTORNEY
A PPROVE D:
COMMISSION VOTE:
Mayor Fernand ez:
V ice Mayor Bo ni c h:
Co mmi ss io ner Call e:
Co mmi ss io ner L iebm a n:
5-0
Yea
Yea
Yea
Y ea
Commi ssio ner Corey: Yea
Page 2 of 2
Agenda Item No:2.
City Commission Agenda Item Report
Meeting Date: May 2, 2023
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND
AWARDING A CONSTRUCTION CONTRACT TO NEON SIGN SOLUTIONS, INC. FOR CONSTRUCTION OF
THE MARSHALL WILLIAMSON MONUMENT DISPLAY AT MARSHALL WILLIAMSON PARK PURSUANT TO
INVITATION TO BID (ITB) NO. PR2023-05; AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT FOR THE PROJECT; AUTHORIZING EXPENDITURE OF FUNDS;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (COMMISSIONER
COREY)
Suggested Action:
Attachments:
Memo-Marshall_Williamson_Monument_Display__QP___1_ (1).docx
Resolution Construction of Marshall Williamson Monument Display.DOCX
Neon Signs Bidding Document.PDF
Monument Display Plans.pdf
FINAL 2 ITB Monument Display Marshall Williamson 3.27.23.pdf
Advertisement-ITB No. PR2023-05 Marshall Williamson Freestanding Display Project.pdf
Demand Star ITB PR2023-05 4.14.23.pdf
Sun Biz Neon Signs 4.14.23.pdf
1
CONTRACT FOR CONSTRUCTION
MARSHALL WILLIAMSON MONUMENT FREESTANDING DISPALY
1TB No PR2023-05
THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this 2 day of
MAY. 2023 (the "Effective Date") by and between the CITY OF SOUTH MIAMI, FLORIDA, a Florida
municipal corporation, (the "City"), and NEON SIGN SOLUTIONS, a CONTRACTOR (the
"Contractor").
WHEREAS, the City issued Invitation to Bid No. PR2023-0S (the "ITB") for construction of
a Marshall Williamson Monument Freestanding Display at 6121 SW 68 th Street, South
Miami, FL 33143 (the "Project"), which 1TB is incorporated herein by reference and made a part hereof
as Exhibit "A"; and
WHEREAS, in response to the City's 1TB, the Contractor submitted a bid for the Project ("Bid"),
which Bid is incorporated herein by reference and made a part hereof as Exhibit "B"; and
WHEREAS, Contractor submitted the lowest, responsive and responsible bid in the amount of
$8,900.00 in response to the 1TB and was selected and awarded this Contract pursuant to Resolution No.
047-23-15981 for performance of the Work (as hereinafter defined); and
WHEREAS, Contractor has represented to the City that it possesses the necessary qualifications,
experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the
terms and conditions set forth in this Contract.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the City agree as follows:
I. SCOPE OF WORK
1.1. Scope of Work. Contractor hereby agrees to furnish all of the labor, materials, equipment, services
and incidentals necessary to perform all of the work described in the Contract Documents (the
"Work" or the "Project") including, without limitation as described in the approved plans, drawings
and/or specifications prepared by EASY SEALS (the "Project Consultant") attached hereto as
Exhibit "A" (the "Plans,,) and any other documents incorporated herein by reference and made
a part of this Contract for the following Project:
MARSHALL WILLIAMSON MONUMENT FREESTANDING DISPALY
1.2. Pre-Construction Conference. Within fourteen ( 14) calendar days after this Contract is
executed by both parties, and before any Work has commenced, a pre-construction conference will
be held between the City, the Contractor, and the Project Consultant. The Contractor must submit
its project schedule and schedule of values, if applicable, prior to this conference.
1.3. Project Schedule. Contractor must submit a proposed Project Schedule as follows:
1.3.1. Schedule must identify the schedule for each location comprising the Project. The proposed
Project schedule must be submitted within ten ( I 0) calendar days from the date this Contract is
executed by both parties for the review and approval of the Project Consultant or City as applicable.
This initial schedule shall establish the baseline schedule for the Project.
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1.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a
minimum submitted with each pay application. An updated schedule tracked against the baseline must
also be submitted upon execution of each Change Order that impacts the Contract Time. Failure to
submit such schedules will result in the rejection of any submitted payment application.
1.3.3. All Project Schedules must be prepared in Microsoft Project or approved equal by the City.
At the time of submission of schedules, Contractor must submit a hard copy as well as an electronic
version. Electronic versions must not be submitted in a .pdf format.
I .4. Records.
1.4.1. As-Built Drawings. During the Work, Contractor must maintain records of all deviations
from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Record
Drawings showing correctly and accurately all changes and deviations made during construction to
reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the
As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing
that the As-Built Record Drawings are correct and accurate, including the actual location of all
infrastructure, internal piping, and electrical/signal conduits in or below the concrete floor (indicating
the size, depth, and voltage in each conduit). To record actual construction, Contractor must legibly
mark on-site structures and site Work as follows:
1.4.1.1. Depths of various elements of foundation in relation to finish first floor datum.
I .4.1.2. All underground piping and ductwork with elevations and dimensions and locations of
valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground
utilities and appurtenances referenced to permanent surface improvements. Actual installed pipe
material, class, etc.
1.4.1.3. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning ducts with
locations of dampers, access doors, fans and other items needing periodic maintenance.
I .4.1.4. Field changes in dimensions and details.
1.4.1.5. Changes made by Project Consultant's written instructions or by Change Order.
I .4.1.6. Details not on original Contract Drawings.
1.4.1. 7. Equipment, conduit, electrical panel locations.
1.4.1.8. Project Consultant's schedule changes according to Contractor's records and shop
drawings.
I .4.1 . 9. Specifications and Addenda: Legibly mark each section to record:
1.4.1.9.1. Manufacturer, trade name, catalog number and Supplier of each product and item
of equipment actually installed.
1.4.1. 9 .2. Changes made by Project Consultant's written instructions or by Change Order.
1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping,
electrical system and instrumentation system.
1.4.1.10.1. As-built documents must be updated monthly as a condition precedent to
payment. A final survey signed and sealed by a surveyor must be provided to the City at no
additional cost, including digital I (CAD and PDF) versions.
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I .4.1.10.2. For construction of new building, or building additions, field improvements, and
or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed
Registered Land Surveyor.
1.4.2. Record Set. Contractor must maintain in a safe place one record copy and one permit set
of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments,
COs, RFls, and field directives, as well as all written interpretations and clarifications issued by the
Project Consultant, in good order and annotated to show all changes made during construction. The
record documents must be continuously updated by Contractor throughout the prosecution of the
Work to accurately reflect all field changes that are made to adapt the Work to field conditions,
changes resulting from COs and/or field directives as well as all written interpretations and
clarifications, and all concealed and buried installations of piping, conduit and utility services.
Contractor must certify the accuracy of the updated record documents. The record documents must
be clean, and all changes, corrections and dimensions must be given in a neat and legible manner in
red. Upon Final Completion and as a condition precedent to Contractor's entitlement to final
payment, the Record Set must be delivered to the Project Consultant by the Contractor. The Record
Set of Drawing must be submitted in both hard copy and as electronic plot files.
1.4.3. Construction Photographs. Prior to commencement of the Work the Contractor must
take digital photographs and color audio-video recording to document existing conditions and submit
copies in an acceptable format to the City. Contractor must submit with each application for payment
photographs that accurately reflect the progress of all aspects of the Work. The number of
photographs to be taken will be based on the magnitude of the Work being performed. Contractor
must submit one copy of each photograph in print and digitally. The photographs must be printed on
8" X IO" high resolution glossy commercial grade and weight color photographic print paper or in a
format acceptable to the City. Each photograph must be imprinted on its face with the title of the
Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg
format and will be submitted through a file-sharing site (such as Dropbox) or on a CD-ROM or flash
drive clearly identifying the name of the Project, the name of the Contractor, and the timeframe in
which the pictures were taken. Initial set up prints will be submitted in a three-ring binder with each
picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in clear plastic
sleeves that can be added to the binder. The three-ring binder must be of such size to be able to hold
all print pictures.
1.5. Staging Site.
1.5.1. The Contractor is solely responsible for making all arrangements for any staging site(s) that
may be necessary for the performance of the Work and the Contractor is responsible for all site
security, including any fencing of the site, and any loss, damage or theft to its equipment and materials.
Any fencing of the Staging Site is subject to the prior written approval of the City.
1.5.2. The City at its sole discretion may make a staging site available for use by the Contractor. If
such site is made available by the City, the City assumes no responsibility or liability for the equipment
or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or
theft to its equipment and materials. The Contractor must restore the site to its pre-existing
condition prior to the Contractor's use of the site.
1.5.3. The Contractor may be required to provide or may choose to use an office trailer for the
duration of the Project. The Contractor must have the prior written approval of the City as to the
use of any office trailer and the placement location for the office trailer. The Contractor must obtain
all required permits from the appropriate regulatory agencies.
1.5.4. No parking is permitted at a City provided staging site without the prior written approval of
the City.
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1.6. Purchase and Delivery, Storage and Installation. All materials must be F.O.B. delivered and
included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading
and installation of all equipment and material(s). Contractor must make all arrangement for delivery.
Contractor is liable for replacing any damaged equipment or material(s) and filing any and all claims with
suppliers. All transportation must comply with all federal, state (including FDOT), Miami-Dade County, and
local laws, rules and regulations. No materials will be stored on-site without the prior written approval of
the City.
1.7. Approval of Subcontractors. For any scope of work that the Contractor will utilize a
subcontractor, the Contractor may only retain or utilize the services of the particular subcontractor with
the prior written approval of the City Manager, which approval may be granted or withheld in the City
Manager's sole and absolute discretion. The Contractor shall provide at least fourteen ( 14) days notice to
the City Manager and the Project Consultant of its intent to retain or utilize a subcontractor.
1.8. Project Signage. Contractor must furnish and install two (2) Project signs at the Project Site in
accordance with the requirements provided by the Project Consultant or the City as applicable.
2. CONTRACT TIME
2.1. Contractor shall be instructed to commence the Work by written instructions in the form of a Notice
to Proceed providing a commencement date and issued by the City Manager or designee. The Notice to
Proceed will not be issued until Contractor's submission to City of all required documents and after
execution of this Contract.
2.2. Time is of the essence throughout this Contract. The Contractor shall prosecute the Work with
faithfulness and diligence and the Work shall be substantially completed within SIXTY (60)
calendar days from the date specified in the Notice to Proceed ("Contract Time"). Substantial
Completion shall be defined for this purpose as the date on which City receives beneficial use of the Project.
The Work shall be fully completed in accordance with the Contract Documents within
SIXTY (60) calendar days from the date specified in the Notice to Proceed ("Final
Completion Time"). The Final Completion date is defined as the date determined by the City when all
Work, including punch list items, has been completed in accordance with the Contract Documents and
Contractor has delivered to City all documentation required herein.
2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within
the Contract Time, Contractor shall pay to City the sum of $200.00 SUBSTANTIAL COMPLETION
LIQUIDATED DAMAGES] for each calendar day after the expiration of the Contract Time that the
Contractor fails to achieve Substantial Completion up until the date that the Contractor achieves Substantial
Completion. Upon failure of Contractor to fully complete the Work and achieve Final Completion within
the Final Completion Time, Contractor shall pay to City the sum of $200.00 FINAL COMPLETION
LIQUIDATED DAMAGES for each calendar day after expiration of the Final Completion Time that the
Contractor fails to achieve Final Completion up until the date that the Contractor achieves Final
Completion. These amounts are not penalties but are liquidated damages payable by Contractor to City
for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages
are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining
the amount of damages that will be sustained by City as a consequence of Contractor's delay and failure of
Contractor to complete the Work on time. The above-stated liquidated damages shall apply separately to
each phase of the Project for which a time for completion is given.
2.4. City is authorized to deduct the liquidated damages from monies due to Contractor for the Work
under this Contract. In case the liquidated damage amount due to City by Contractor exceeds monies due
Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City
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the amount of said excess.
3. CONTRACT PRICE AND PAYMENT PROCEDURES
3.1. Guaranteed Maximum Price. The City shall pay the Contractor an amount not to exceed
$8900.00 for the performance of the Work in accordance with the line items and unit prices included in
Exhibit "B" (the "Contract Price"). The Contract Price shall be full compensation for all services,
labor, materials, equipment, and costs, including overhead and profit, associated with completion of all the
Work in full conformity with the Contract Documents and adjusted only by written change orders signed
by both parties and approved as required by local law. The Contract Price shall include all applicable sales
taxes as required by law.
3.2. Schedule of Values. The Contractor must submit two copies of schedule of values within ten ( I 0)
calendar days from the date this Contract is executed by both parties. The schedule of values shall
indicate a complete breakdown of labor and material of all categories of Work on the Project.
Contractor's overhead and profit must be listed as separate line items. Each line item must be identified
with the number and title of the major specification section or major components of the items. The
Project Consultant or City as applicable may require further breakdown after review of the Contractor's
submittal. The City reserves the right to require such information from the Contractor as may be
necessary to determine the accuracy of the schedule of values. The combined total value for mobilization
under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Schedule
of Values must be incorporated into the Contractor's payment application form. The Contractor
guarantees that each individual line item contained in the schedule of values submitted as part of a
competitive solicitation shall not be increased without written approval by the City Manager.
3.3. Payment Application Procedures. City shall make progress payments, deducting the amount
from the Contract Price above on the basis of Contractor's Applications for Payment on or before
twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the City shall be
within twenty (20) days after receipt of the Pay Application. Any rejection shall specify the applicable
deficiency and necessary corrective action. Any undisputed portion shall be paid as specified above. All
such payments will be made in accordance with the Schedule of Values established in the Contract
Documents or, in the event there is no Schedule of Values, as otherwise provided in the Contract
Documents. In the event the Contract Documents do not provide a Schedule of Values or other
payment schedule, Applications for Payment shall be submitted monthly by Contractor on or before
the I 0 th of each month for the prior month to the Project Consultant. Progress payments shall be made
in an amount equal to the percentage of Work completed as determined by the City or City's Project
Consultant, but, in each case, less the aggregate of payments previously made and less such amounts as
City shall determine or City may withhold taking into account the aggregate of payments made and the
percentage of Project completion in accordance with the Contract Documents and Schedule of Values,
if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or
Pay Application (the "Retainage") shall be retained by City until final completion and acceptance of the
Work by City. In the event there is a dispute between Contractor and City concerning a Pay Application,
dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the
disputed Payment Application. The City shall reach a conclusion within IS days thereafter and promptly
notify Contractor of the outcome, including payment, if applicable.
3.4. Progress Payment Applications. Each progress payment application submitted to the City
must include:
3.4.1. A sworn and certified progress payment affidavit indicating that all laborers, material
suppliers, and subcontractors dealing with the Contractor were paid in full as it relates to all
Work performed up to the time of the request for payment;
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3.4.2. Partial conditional releases or waivers of lien by the Contractor, material suppliers,
subcontractors, and any lienors serving a Notice to the City and evidence of proof of payment of
any indebtedness incurred with respect to the Work of the Contractor as may be required by
the City;
3.4.3. Evidence that all Work was fully performed as required by the Contract Documents up to
the time of the request for payment and that the Work was inspected and accepted by the City
and any other governmental authorities required to inspect the Work; and
3.4.4. An updated Project schedule, including a two-week look-ahead schedule, as approved in
writing by the City Manager.
3.4.5. All Buy-Out Savings, including supporting documentation relating to the calculation of the
Buy-Out Savings.
3.5. Final Payment. Upon Final Completion of the Work by Contractor in accordance with the
Contract Documents and acceptance by the City, and upon receipt of consent by any surety, City shall
pay the remainder of the Contract Price (including Retainage) as recommended by the City's Project
Consultant and Building Official. Final payment is contingent upon receipt by City from Contractor of:
3.5.1. An affidavit that payrolls, bills for materials, equipment, and other indebtedness were paid
in full as it relates to all Work performed under this Contract;
3.5.2. A certificate evidencing that insurance required by the Contract Documents shall remain
in effect after final payment is made;
3.5.3. A written statement that the Contractor knows of no reason that the insurance will not
be renewable to cover the period required by the Contract Documents;
3.5.4. Documentation of any special warranties, including, but not limited to, any manufactures'
warranties or specific subcontractor warranties;
3.5.5. Evidence that all Punch List items have been fully completed to the satisfaction of the City;
3.5.6. All previously undelivered manufacturer and subcontractor guarantees, warranties, and
manuals and documents required by the Contract Documents;
3.5.7. Final releases of lien, waivers of claim, satisfactions of liens or claims, and such other affidavits
as may be reasonably required by the City to assure a lien-free and claim-free completion of the
Work;
3.5.8. Evidence that the Contractor has fully cleaned and restored the site, including removal of all
rubbish and debris;
3.5.9. At least one complete set of as-built plans, reflecting an accurate depiction of Contractor's
Work;
3.5.10 .. Such other documents necessary to show that the Contractor has complied with all
other requirements of the Contract Documents; and
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3.5.1 I. Cost Savings, including supporting documentation used to calculate the Cost Savings.
3.6. Payment Withholding. The City may withhold any payment, including a final payment, for
application to such extent as may be necessary, as determined by the City's Project Consultant, to protect
the City from loss for which the Contractor is responsible in the event that:
3.6.1. The Contractor performs defective Work and such Work has not been corrected, provided
that the amount withheld shall be limited to the amount sufficient to cover such defective Work;
3.6.2. A third-party files a claim or lien in connection with the Work or this Contract;
3.6.3. The Contractor fails to make payments properly to subcontractors or suppliers for labor,
materials, or equipment which has been paid by the City, provided that the amount withheld shall be
limited to the amount sufficient to cover such payments to subcontractors or suppliers for labor,
materials, or equipment;
3.6.4. The City has reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum;
3.6.5. The Contractor, its employees, subcontractors, or agents have damaged the City;
3.6.6. The City has reasonable evidence that the Work will not be completed within the Contract
Time and that the unpaid balance would not be adequate to cover liquidated damages for the
anticipated delay;
3.6. 7. The Contractor has failed to progress the Work satisfactorily and/or according to the
Contract Schedule;
3.6.8. The Contractor has failed to carry out the Work in accordance with the Contract
Documents;
3.6.9. The Contractor has failed to provide requisite releases of lien for each payment application
in accordance with the Contract Documents; and/or
3.6.10. Any other failure to perform a material obligation contained in the Contract Documents.
3.7. No Waiver of City Rights. The payment of any Application for Payment by the City, including
the final request for payment, does not constitute approval or acceptance by the City of any item of the
Work reflected in such Application for Payment, nor shall it be construed as a waiver of any of the City
's rights hereunder or at law or in equity.
3.8. Payment to Sub-Contractors: Certification of Payment to Subcontractors. The term
"subcontractor," as used herein, includes persons or firms furnishing labor, materials or equipment
incorporated into or to be incorporated into the Work or Project. The Contractor is required to pay all
subcontractors for satisfactory performance of their contracts as a condition precedent to payment to
Contractor by the City. The Contractor shall also return all retainage withheld to the subcontractors within
30 days after the subcontractor's work is satisfactorily complete and accepted by the City.
3.9. Cost Savings and Value Engineering.
3.9.1. Cost Savings. In the event the Contractor rebids or renegotiates with any subcontractor
to reduce subcontractor costs for the performance of the Work, then the difference between (i) the
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sum of the subcontractor costs used to establish the Contract Price, as set forth in the Schedule of
Values, and (ii) the sum of the revised subcontractor costs, including any early payment or similar
discounts (the "Cost Savings"), shall revert to the City. The Contract Price shall be adjusted in
accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised
to reflect the new Contract Price.
3.9.2. Value Engineering. Contractor shall participate in Value Engineering the Contract
Documents with the City and the Architect with the goal of finding acceptable means for reducing
the cost of the Work Upon acceptance by the City of recommendation for Value Engineering, the
Contract Documents shall be modified to reflect such changes. All savings in connection with Value
Engineering of the Work shall revert to City.
4. CONTRACT DOCUMENTS
4.1. The Contract Documents, which comprise the entire agreement between the City and the
Contractor concerning the Work, consist of this Contract for Construction (including any change orders
and amendments thereto}, the Plans and Specifications attached hereto as Exhibit "A" (the "Plans and
Technical Specifications"}, the 1TB and any Bidding Documents or procurement documents for the Project,
the Contractor's Bid for the Project (including the Schedule of Bid Items-Pricing) attached hereto as Exhibit
"B", the Bonds (defined herein}, Insurance Certificates, the Notice of Award, and the Notice to Proceed,
all of which are deemed incorporated into and made a part of this Contract by this reference and govern
this Project.
4.2. This Contract incorporates and includes all prior negot1at1ons, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings concerning the subject matter of these Contract
Documents that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or written.
4.3. The Contract Documents shall remain the property of the City. The Contractor shall have the right
to keep one record set of the Contract Documents upon completion of the Project; however in no
circumstances shall the Contractor use, or permit to be used, any or all of such Contract Documents on
other projects without the City's prior written authorization.
4.4. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base
Agreement." In the event of a conflict between the terms of this Base Agreement and any exhibits or
attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved
in the following order of priorities and the more stringent criteria for performance of the Work shall
apply:
4.4.1. First Priority: Change Orders with later date taking precedence;
4.4.2. Second Priority: This Base Agreement;
4.4.3. Third Priority: Exhibit "A," the Plans and Technical Specifications;
4.4.4. Fourth Priority: Exhibit "B," the Bid; and
4.4.5. Fifth Priority: Contract Documents, excluding this Base Agreement and Exhibits listed in
this Section.
S. INDEMNIFICATION
5.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless
the City, its officers, agents, consultants, and employees, from and against any and all demands,
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claims, losses, expenses, suits, liabilities, causes of action, judgment or damages, including but not
limited to legal fees and costs and through appeal, arising out of, related to, resulting from, or in any
way connected with Contractor's negligence, recklessness, or intentional misconduct in the
Contractor's performance or non-performance of this Contract, Contractor's obligations, or the
Work related to the Contract, including but not limited to by reason of any damage to property,
or bodily injury or death incurred or sustained by any person, or to injury to or destruction of
tangible property or any other property (other than the Work itself) including the loss of use
resulting therefrom, caused in whole or in part by any willful, wanton, or negligent, or grossly
negligent acts or omissions of Contractor, any subcontractor, any person or organization directly
or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder or arises by or is imposed by applicable law and regardless of the negligence
of any such party .. Additionally, the Contractor shall defend, indemnify, and hold the City harmless
from all losses, injuries or damages and wages or overtime compensation due its employees in
rendering services pursuant to this Contract, including payment of reasonable attorneys' fees and
costs in the defense of any claim made under the Fair Labor Standards Act, Title VII of the Civil
Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act
or any other employment related litigation or worker's compensation claims under federal, state,
or local law.
5.2. The provisions of this section shall survive termination of this Contract.
6. INSURANCE AND BONDS
6.1. Insurance.
6.1.1. Contractor shall secure and maintain throughout the duration of this Contract insurance
of such types and in such amounts not less than those specified below as satisfactory to the City,
naming the City as an Additional Insured, underwritten by a firm rated A-X or better by Bests
Rating and qualified to do business in the State of Florida. Certificates of Insurance shall be
provided to the City, reflecting the City as an Additional Insured, no later than ten ( I 0) days after
award of this Contract and prior to the execution of this Contract by City and prior to
commencing any Work. Each certificate shall include no less than (30) thirty-day advance written
notice to City prior to cancellation, termination, or material alteration of said policies or
insurance. The insurance coverage shall be primary insurance with respect to the City, its officials,
employees, agents and volunteers naming the City as additional insured. Any insurance maintained
by the City shall be in excess of the Contractor's insurance and shall not contribute to the
Contractor's insurance. The insurance coverages shall include at a minimum the amounts set forth
in this Section 6.1.
6.1.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This
Liability Insurance shall also include Completed Operations and Product Liability coverages and
eliminate the exclusion with respect to property under the care, custody and control of
Contractor. The General Aggregate Liability limit (except for Products/Completed Operations)
shall be in the amount of $2,000,000.
6.1.1.2. Workers Compensation and Employer's Liability insurance, to apply for all employees
for statutory limits as required by applicable State and Federal laws. The policy(ies) must
include Employer's Liability with minimum limits of $1,000,000.00 each accident. No
employee, subcontractor or agent of the Contractor shall be allowed to provide Services
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pursuant to this Agreement who is not covered by Worker's Compensation insurance. In
order for this requirement to be waived, Contractor must provide proof of exemption from
such laws. Information regarding eligibility for an exemption from the State of Florida
Workers' Compensation Law is available at:
https://www.m yf loridacfo.com/Division/wc/PublicationsFormsManualsRe ports/Brochures/Ke
y-Cove rage-and-Eli gibility.pdf.
Exemptions may be applied for online through the Florida Department of Financial Services,
Division of Workers' Compensation at:
https://www.myfl oridacfo.com/Division/wc/Em plo yer/Exem ptions/default.htm.
6.1.1.3. Business Automobile Liability with minimum limits of $1,000,000 per Occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on
a form no more restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and must include
Owned, Hired, and Non-Owned Vehicles.
6.1.1.4. Builder's Risk property insurance upon the entire Work to the full replacement cost
value thereof. This insurance shall include the interest of City and Contractor and shall
provide All-Risk coverage against loss by physical damage including, but not limited to, Fire,
Extended Coverage, Theft, Vandalism and Malicious Mischief. If Builder's Risk insurance is not
required for this Project, the City shall select this box: □.
6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any portion of the
Work damaged, destroyed, lost or stolen until Final Completion has been achieved for the
Project, and all such Work shall be fully restored by the Contractor, at its sole cost and
expense, in accordance with the Contract Documents.
6.1.2. Certificate of Insurance. On or before the Effective Date of this Contract, the
Contractor shall provide the City with Certificates of Insurance for all required policies. The
Contractor shall be responsible for assuring that the insurance certificates required by this Section
remain in full force and effect for the duration of this Contract, including any extensions or
renewals that may be granted by the City. The Certificates of Insurance shall not only name the
types of policy(ies) provided, but also shall refer specifically to this Contract and shall state that
such insurance is as required by this Contract. The City reserves the right to inspect and return
a certified copy of such policies, upon written request by the City. If a policy is due to expire prior
to the completion of the Work, renewal Certificates of Insurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed
with a provision that not less than thirty (30) calendar days' written notice shall be provided to
the City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s)
is subject to approval of the City.
6.1.2.1. Additional Insured. The City is to be specifically included as an Additional
Insured for the liability of the City resulting from Work performed by or on behalf of the
Contractor in performance of this Contract. The Contractor's insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any other
insurance maintained by the City shall be in excess of and shall not contribute to the
Contractor's insurance. The Contractor's insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the insurance shall
apply to each Insured or Additional Insured (for applicable policies) in the same manner as if
separate policies had been issued to each .
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6.1.2.2. Deductibles. All deductibles or self-insured retentions must be declared to and
be reasonably approved by the City. The Contractor shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
6.1.3. The provisions of this section shall survive termination of this Contract.
6.2. Bonds. Prior to performing any portion of the Work the Contractor shall deliver to City the
Bonds required to be provided by Contractor hereunder (the bonds referenced in this Section are
collectively referred to herein as the "Bonds"). Pursuant to and in accordance with Section 255.05,
Florida Statutes, the Contractor shall obtain and thereafter at all times during the performance of the
Work maintain a separate performance bond and labor and material payment bond for the Work, each
in an amount equal to one hundred percent ( I 00%) of the Contract Price and each in the form provided
in the Contract Documents or in other form satisfactory to and approved in writing by City and
executed by a surety of recognized standing with a rating of B plus or better for bonds up to Two Million
Dollars. The surety providing such Bonds must be licensed, authorized and admitted to do business in
the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The
cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting
the Scope of the Work, the Contract Price, Contract Time or any of the provisions of the Contract
Documents is required by the provisions of any bond to be given to a surety, the giving of any such
notice shall be Contractor's sole responsibility, and the amount of each applicable bond shall be adjusted
accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida
is terminated or it ceases to meet applicable law or regulations, the Contractor shall, within five (5) days
of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be
satisfactory to City. As authorized by Section 255.05( I )(a), Florida Statutes, if this Project is exempt
from posting of a payment and performance bond, the City shall select this box: 1;8].
7. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
7.1. In order to induce the City to enter into this Contract, the Contractor makes the following
representations and warranties:
7.1.1. Contractor represents the following:
7.1.1.1. Contractor has examined and carefully studied the Contract Documents and the
other data identified in the bidding documents, including, without limitation, the "technical
data" and plans and specifications and the Plans.
7.1.1.2. Contractor has visited the Project site and become familiar with and is satisfied as to
the general and local conditions and site conditions that may affect cost, progress,
performance or furnishing of the Work.
7.1.1.3. Contractor is familiar with and is satisfied as to all federal, state and local laws,
regulations and permits that may affect cost, progress, performance and furnishing of the
Work. Contractor agrees that it will at all times comply with all requirements of the foregoing
laws, regulations and permits.
7.1.1.4. Contractor has made, or caused to be made, examinations, investigations, tests
and/or studies as necessary to determine surface and subsurface conditions at or on the site.
Contractor acknowledges that the City does not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with
respect to underground or ground facilities at, contiguous or near the site or for existing
improvements at or near the site. Contractor has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
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investigations, explorations, tests, studies and data concerning conditions (surface, subsurface
and underground facilities and improvements) at, contiguous or near to the site or otherwise
which may affect cost, progress, performance or furnishing of the Work or which relate to
any aspect of the means, methods, techniques, sequences and procedures of construction to
be employed by Contractor and safety precautions and programs incident thereto.
Contractor does not consider that any additional examinations, investigations, explorations,
tests, studies or data are necessary for the performance and 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.
7.1.1.5. Contractor is aware of the general nature of Work to be performed by the City and
others at the site that relates to the Work as indicated in the Contract Documents.
7.1.1.6. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data
with the Contract Documents.
7.1.1.7. Contractor has given City written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to Contactor, and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications
and skills to perform the Work and that the Work shall be executed in a good and
workmanlike manner, free from defects, and that all materials shall be new and approved by
or acceptable to City, except as otherwise expressly provided for in the Contract Documents.
The Contractor shall cause all materials and other parts of the Work to be readily available
as and when required or needed for or in connection with the construction, furnishing and
equipping of the Project.
7.2. No recovery for changed market conditions.
7.2.1. In entering into the Contract, Contractor represents and warrants that it has accounted
for any and all inflation-related events, recession, labor or material shortages, supply chain
disruptions, delivery lead time, or price increases that may be caused by local and or national
conditions, whether known or unknown at the time of entering into the Contract (the "Market
Conditions"). Contractor further specifically represents and warrants that it has considered all
impacts and potential impacts, including any current and future supply chain disruptions and labor
shortages, associated with the following events: (I) worldwide pandemics including, but not limited
to, COVID-19 and Monkey Pox (the "Pandemics") and (2) the current military conflict involving
Russia and the Ukraine (the "Ukraine Military Conflict"). Contractor also represents and warrants
that in determining time requirements for procurement, installation, and construction completion,
Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the
Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and
Contract Sum.
7.2.2. Contractor shall not seek any price increases or time extensions relating to or arising from
the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict .
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7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the
Contract Time in connection with any failure by the Contractor to comply with the requirements
of this Section.
7.3. Contractor warrants the following:
7.3.1. Anti-Discrimination. Contractor agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit or service under
this Contract because of race, color, religion, sex, national origin, or physical or mental handicap
where the handicap does not affect the ability of an individual to perform in a position of
employment, and agrees to abide by all federal and state laws regarding non-discrimination.
7.3.2. Anti-Kicl<bacl<. Contractor warrants that no person has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, and chat no employee or officer of the City has any interest,
financially or otherwise, in the Project. For breach or violation of chis warranty, the City shall have
the right to annul this Contract without liability or, in its discretion, co deduce from the Contract
Price or consideration, the full amount of such commission, percentage, brokerage or contingent
fee.
7.3.3. Licensing. Contractor represents that it is a properly qualified and licensed contractor in
good standing within the jurisdiction within which the Project is located. Contractor warrants
chat it shall have, prior to commencement of Work under this Contract and at all times during
said Work, all required licenses from the federal, state, Miami-Dade County, City, or other
governmental or regulatory entity. Contractor acknowledges that it is the obligation of
Contractor to obtain all licenses required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
licenses.
7.3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under
this Contract and at all times during said Work, all required permits from the federal, state, Miami-
Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that
are necessary to perform the Work. Contractor acknowledges that it is the obligation of
Contractor to obtain all permits required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
permits. City building permit fees may be waived for this Project. If permits are required by any
other governing body or agency, the Contractor shall be obligated to pay the fees.
7.4. Defective Work; Warranty and Guarantee.
7.4.1. City shall have the authority to reject or disapprove Work which the City finds to be
defective. If required by the City, Contractor shall promptly either correct all defective Work or
remove such defective Work and replace it with non-defective Work. Contractor shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing laboratories
and personnel.
7.4.2. Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within the time
indicated in writing by the City or its designee, City shall have the authority to cause the defective
Work to be removed or corrected, or make such repairs as may be necessary at Contractor's
expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of failure of
Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default.
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7.4.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment
furnished and Work performed for a period of three (3) years from the date of Substantial
Completion. If, within three (3) years after the date of substantial completion, any of the Work is
found to be defective or not in accordance with the Contract Documents, Contractor, after receipt
of written notice from City, shall promptly correct such defective or nonconforming Work within
the time specified by City without cost to City. Should the manufacturer of any materials and
equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty
to the City prior to Final Completion. Nothing contained herein shall be construed to establish a
period of limitation with respect to any other obligation which Contractor might have under the
Contract Documents including but not limited to any claim regarding latent defects. Contractor shall
provide and assign to City all material and equipment warranties upon completion of the Work
hereunder.
7.4.4. Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered.
8. DEFAULT. TERMINATION, AND SUSPENSION: REMEDIES
8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work
with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the
Work within the Contract Time or Final Completion Time as specified in Section 2, or shall perform the
Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution
of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term
set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or
commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or
from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon
seven (7) days after sending Contractor a written Notice of Termination, terminate the services of
Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work,
appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable,
and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not
be entitled to receive any further payment until the Project is completed. All damages, costs and charges
incurred by City, together with the costs of completing the Project, shall be deducted from any monies due
or which may become due to Contractor. In case the damages and expenses so incurred by City shall
exceed monies due Contractor from City, Contractor shall be liable and shall pay to City the amount of
said excess promptly upon demand therefore by City. In the event it is adjudicated that City was not entitled
to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed
terminated by City for convenience as described below.
8.2. Termination for Convenience. This Contract may be terminated by the City for convenience
upon seven (7) calendar days' written notice to the Contractor. In the event of such a termination, the
Contractor shall incur no further obligations in connection with the Project and shall, to the extent
possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated
for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly
submit to the City its Application for Payment for final payment which shall comply with the provisions
of the Contract Documents.
8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon
seven (7) calendar days' written notice to the Contractor or immediately if suspended in connection
with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to
additional Contract Time as a non-compensable, excusable delay.
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8.4. Termination Due to Laci< of Funding. This Contract is subject to the conditions precedent that:
(i) City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price;
(ii) the City secures and obtains any necessary proceeds, grants, and/or loans for the accomplishment of
the Work and/or the Project pursuant to any borrowing legislation adopted by the City Council relative to
the Project; and (iii) City Council enacts legislation which awards and authorizes the execution of this
Contract if such is required .
8.5. No Damages for Delay. No claim for damages or any claim, other than for an extension of time
shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an increase
in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to, costs of acceleration or
inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled
only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay.
8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of
which shall be the subject of any Change Order or Claim and none of which shall be compensated for
except as they may have been included in the Contractor's Contract Price as provided in the Contract
Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business
opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid,
inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare,
negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential
costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted
Work.
8. 7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation.
8.8. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder and in accordance with this Contract shall be in addition to
and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by
law.
9. CHANGES IN THE WORK
9.1. Change Orders.
9.1.1. Without invalidating the Contract Documents, and without notice to any Surety, the City
reserves the right to make increases, decreases or other changes in the character or quantity of the
Work under the Contract Documents as may be considered necessary or desirable to complete the
Work in a manner satisfactory to the City. The City reserves the right to order changes, which may
result in additions to or reductions from the amount, type or value of the Work shown in the
Contract, and which are within the general scope of the Contract Documents, and all such changes
will be authorized only by a change order ("CO") approved in advance, and issued in accordance with
provisions of the Contract Documents.
9.1.2. For Contractor initiated change orders, the Contractor is required to provide the Project
Consultant with a detailed Request for Change Order ("RCO") in a form approved by the City,
which must include the requested revisions to the Contract, including, but not limited to, adjustments
in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting
documentation to demonstrate the reasonableness of the RCO. The City may require Contractor
to provide additional data including, but not limited to, a cost breakdown of material costs, labor
costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable ,
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the RCO must include any schedule revisions accompanied by an explanation of the cost impact of
the proposed change. Failure to include schedule revisions in an RCO will be deemed as the
Contractor's acknowledgement that the changes included in an RCO will not affect the project
schedule.
9.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price, must be
effectuated through a written CO executed by both parties and, if required by the City Code of
Ordinances, approved by the City Council.
9.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given
that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to
proceed on a time and materials basis or make such arrangements as may be deemed necessary to
complete the proposed additional Work at the unit prices provided in the Contract Documents.
Where the City directs the Contractor to proceed on a time and materials basis, the City shall
impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all
labor and material costs including but not limited to payroll records and material receipts. Contractor
must demonstrate its costs with sufficient evidence to be entitled to compensation from the City.
9.2. Continuing the Work. Contractor must continue to perform all Work under the Contract
Documents during all disputes or disagreements with City, including disputes or disagreements concerning
an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements.
I 0. MISCELLANEOUS
I 0.1. No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part
without the written consent of the other, nor shall Contractor assign any monies due or to become due
to it hereunder, without the previous written consent of the City Manager.
I 0.2. Contractor's Responsibility for Damages and Accidents.
I 0.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of any
nature sustained until final acceptance by City and shall promptly repair any damage done from any
cause.
I 0.2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the
Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or
destroyed prior to final acceptance by City, Contractor shall replace same without cost to City.
I 0.3. Governing Law. This Contract shall be construed in accordance with and governed by the laws
of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in
Miami-Dade County, Florida.
I 0.4. Waiver of lury Trial. CITY AND CONTRACTOR KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY
JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION,
PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR
CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE
CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY.
I 0.5. Prevailing Partyi Attorneys' Fees. In the event of any controversy, claim, dispute or litigation
between the parties arising from or relating to this Contract (including, but not limited to, the
enforcement of any indemnity provisions), the prevailing party shall be entitled to recover from the non-
prevailing party all reasonable costs, expenses, paralegals' fees, experts' fees and attorneys' fees including,
but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the
prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated
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with discovery, processing, management, hosting, and production of electronically stored information
(ESI).
I 0.6. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in
particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this
Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed
to be incorporated herein.
I 0. 7. Examination and Retention of Contractor's Records.
I 0. 7. I • The City or any of its duly authorized representatives shall, for five (5) years after final
payment under this Contract, have access to and the right to examine any of the Contractor's books,
ledgers, documents, papers, or other records involving transactions related to this Contract for the
purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees
to comply specifically with the provisions of Section 119.070 I, Florida Statutes.
I 0. 7 .2. The Contractor agrees to include in any subcontractor contracts for this Project
corresponding provisions for the benefit of City providing for retention and audit of records.
I 0. 7.3. The right to access and examination of records stated herein and in any subcontracts shall
survive termination or expiration of this Contract and continue until disposition of any mediation,
claims, litigation or appeals related to this Project.
I 0.7.4. The City may cancel and terminate this Contract immediately for refusal by the Contractor
to allow access by the City Manager or designees to any Records pertaining to work performed
under this Contact that are subject to the provisions of Chapter 119, Florida Statutes.
I 0.8. Authorized Representative.
I 0.8.1. Before commencing the Work, Contractor shall designate a skilled and competent
authorized supervisor and representative ("Authorized Representative") acceptable to City to
represent and act for Contractor and shall inform City, in writing, of the name and address of
such representative together with a clear definition of the scope of his authority to represent and
act for Contractor. Contractor shall keep City informed of any subsequent changes in the
foregoing. Such representative shall be present or duly represented at the Project site at all times
when Work is actually in progress. All notices, determinations, instructions and other
communications given to the authorized representatives of Contractor shall be binding upon the
Contractor.
I 0.8.2. The Authorized Representative, project managers, superintendents and supervisors for
the Project are all subject to prior and continuous approval of the City. If, at any time during the
term of this Contract, any of the personnel either functionally or nominally performing any of the
positions named above, are, for any reasonable cause whatsoever, unacceptable to the City,
Contractor shall replace the unacceptable personnel with personnel acceptable to the City.
I 0.9. Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may
be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof
shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all
payroll deductions required by law. Contractor herein indemnifies and holds the City harmless from
any liability on account of any and all such taxes, levies, duties and assessments.
I 0.10. Utilities. Contractor shall, at its expense, arrange for, develop and maintain all utilities at the
Project to perform the Work and meet the requirements of this Contract. Such utilities shall be
furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor
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shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the
requirements of this Contract.
I 0.11. Safety. Contractor shall be fully and solely responsible for safety and conducting all operations
under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and
damage to property and in full compliance with Occupational Safety and Health Act requirements and
all other similar applicable safety laws or codes. Contractor shall continually and diligently inspect all
Work, materials and equipment to discover any conditions which might involve such risks and shall be
solely responsible for discovery and correction of any such conditions. Contractor shall have sole
responsibility for implementing its safety program. City shall not be responsible for supervising the
implementation of Contractor's safety program, and shall not have responsibility for the safety of
Contractor's or its subcontractor's employees. Contractor shall maintain all portions of the Project site
and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors
performing Work comply with the foregoing safety requirements.
I 0.12. Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean
and safe condition. Upon completion of any portion of the Work, Contractor shall promptly remove all
of its equipment, construction materials, temporary structures and surplus materials not to be used at
or near the same location during later stages of Work. Upon completion of the Work and before final
payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials
and other equipment and materials belonging to it or used in the performance of the Work and
Contractor shall leave the Project in a neat, clean and safe condition. In the event of Contractor's failure
to comply with the foregoing, the same may be accomplished by City at Contractor's expense.
I 0.13. Liens. Contractor shall not permit any mechanic's, laborer's or materialmen's lien to be filed against
the Project site or any part thereof by reason of any Work, labor, services or materials supplied or claimed
to have been supplied to the Project. In the event such a lien is found or claimed against the Project,
Contractor shall within ten ( I 0) days after notice of the lien discharge the lien or liens and cause a
satisfaction of such lien to be recorded in the public records of Miami-Dade County, Florida, or cause
such lien to be transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court
of Miami-Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event
Contractor fails to so discharge or bond the lien or liens within such period as required above, City
shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally,
City shall thereafter have the right, but not the obligation, to retain out of any payment then due or to
become due Contractor, one hundred fifty percent ( 150%) of the amount of the lien and to pay City 's
reasonable attorneys' fees and costs incurred in connection therewith.
I 0.14. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes,
and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including
execution of any required affidavit.
I 0.15. Independent Contractor. The Contractor is an independent contractor under the Contract.
This Contract does not create any partnership nor joint venture. Services provided by the Contractor shall
be by employees of the Contractor and subject to supervision by the Contractor, and not as officers,
employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures, applicable to services
rendered under the Contract shall be those of the Contractor.
I 0.16. Notices/Authorized Representatives. Any notices required by this Contract shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered
or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed
to the parties (or their successors) at the addresses listed on the signature page of this Contract or
such other address as the party may have designated by proper notice.
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I 0.17. Ownership and Access to Records and Audits.
I 0.17.1. Contractor acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and all similar
or related information (whether patentable or not) which relate to Services to the City which are
conceived, developed or made by Contractor during the term of this Contract ("Work Product")
belong to the City. Contractor shall promptly disclose such Work Product to the City and
perform all actions reasonably requested by the City (whether during or after the term of this
Contract) to establish and confirm such ownership (including, without limitation, assignments,
powers of attorney and other instruments).
I 0.17.2. Contractor agrees to keep and maintain public records in Contractor's possession or
control in connection with Contractor's performance under this Contract. The City Manager or
her designee shall, during the term of this Contract and for a period of five (5) years from the
date of termination of this Contract, have access to and the right to examine and audit any records
of the Contractor involving transactions related to this Contract. Contractor additionally agrees
to comply specifically with the provisions of Section 119.070 I, Florida Statutes. Contractor shall
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of the
Contract, and following completion of the Contract until the records are transferred to the City.
I 0.17.3. Upon request from the City's custodian of public records, Contractor shall provide the
City with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided by Chapter I 19, Florida
Statutes, or as otherwise provided by law.
I 0.17.4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Contract are and shall remain the property of the City.
I 0.17.5. Upon completion of this Contract or in the event of termination by either party, any
and all public records relating to the Contract in the possession of the Contractor shall be
delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Contractor shall be delivered to the City in a format
that is compatible with the City's information technology systems. Once the public records have
been delivered upon completion or termination of this Contract, the Contractor shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
I 0.17.6. Any compensation due to Contractor shall be withheld until all records are received as
provided herein.
I 0.17.7. Contractor's failure or refusal to comply with the provisions of this section shall result
in the immediate termination of this Contract by the City.
I 0.17.8. Notice Pursuant to Section 119.070 I (l)(a), Florida Statutes. IF THE
BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
Custodian of Records:
Mailing address:
Nl<enga "Nil<ki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
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Telephone number:
Email:
305-663-6340
NPayne@southmiamifl.gov
I 0.18. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires
all contractors doing business with the City to register with and use the E-Verify system to verify
the work authorization status of all newly hired employees. The City will not enter into a contract
unless each party to the contract registers with and uses the E-Verify system. The contracting entity
must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the
contracting entity's participation/enrollment in E-Verify, please v1s1t: https://www.e-
verify.gov/fa q/how-do-i-provide-proof-of-m y-partici pationenrollment-in-e-verify. By entering into
this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes;
will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including
but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required
affidavit attached hereto and incorporated herein.
I I. SPECIAL CONDITIONS
The following provisions in this Section IO supersede any other provisions contained in this Contract only
to the extent of any conflict with same. These provisions are particular to a given transaction and are
transaction specific:
11.1. Unsatisfactory Personnel.
I 1.1.1. Contractor must at all times enforce strict discipline and good order among its employees
and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or
anyone not skilled in the Work to which they are assigned.
I 1.1.2. The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Subcontractor
engaged by the Contractor to provide and perform services or Work pursuant to the requirements
of the Contract Documents. The Contractor must respond to the City within five (5) calendar days
of receipt of such request with either the removal and replacement of such personnel or written
justification as to why that may not occur. The City will make the final determination as to the
removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any
of such individual(s) does not require the termination or demotion of said individual(s).
I 1.2. Hours of Work. Contractor shall conform to and obey all applicable laws, regulations, or ordinances
with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall
conduct its operations so as not to interfere with or close any thoroughfare, without the written consent
of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in
accordance with the requirements and limitations of applicable law including, without limitation, the City
Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above
without the prior written approval of the City.
11.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law,
or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic ("MOT")
must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further
stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department
of Transportation, FHWA), must be followed in the design, application, installation, maintenance and
removal of all traffic control devices, warning devices and barriers necessary to protect the public and
workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and
protected at all times. Prior to commencement of the Work, Contractor must provide the City with a
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proposed MOT plan for review. The City may require revisions to the proposed MOT plan. The MOT plan
must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the
issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays
resulting from its failure to provide the required MOT plan.
I 1.4. Royalties and Patents. All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner
be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract
for said Work.
11.5. Substitutions. Substitution of any specified material or equipment requires the prior written
acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient
information and documentation to the Project Consultant to allow for a thorough review and determination
on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the
Contractor's responsibility to meet the requirements of the Contract Documents. The City may require
an adjustment in price based on any proposed substitution.
11.6. Severe Weather Preparedness. During such periods of time as are designated by the United
States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch
or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work
in response to all threatened storm events, regardless of whether the Contractor has been given notice of
same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather
event or alert precautions will not constitute additional work. Suspension of the Work caused by a
threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle
the Contractor to additional Contract Time as non-compensable, excusable delay.
I I. 7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the
Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds
allocated to the City pursuant to the American Rescue Plan Act ("ARPA"). T awards that end, the
Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including
any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as
further detailed in the ARPA Contract Conditions. If compliance with the ARPA Addendum is required,
the City shall select this box: □.
I 1.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded
utilizing funds from the grants listed below (each a "Grant"). Accordingly, the Contractor warrants and
represents that it has reviewed the terms and conditions for each Grant and will perform the Work in
accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds,
the City shall select this box: □.
Grant Title Grant Agreement Exhibit
If the Work will be funded utilizing Grant funds, the City shall select this box:□.
11.9. DBE Contract Assurance.
I I. 9. I • The City affirms it has encouraged women-owned, minority-owned, and disadvantaged
businesses of the Project and be responsive to the opportunity of the award of this Contract.
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I 1.9.2. Contractor, or any subcontractor performing Work under this Contract, shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.
Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and
administration of this Contract. Failure by the Contractor to carry out these requirements is a
material breach of this Contract, which may result in the termination of this Contract or such
other remedy as the City deems appropriate.
I 1.10. Scrutinized Companies.
I 1.10.1. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies
that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this
Agreement at its sole option if the Contractor or its subcontractors are found to have submitted
a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the
Agreement.
I 1.10.2. If this Agreement is for more than one million dollars, the Contractor certifies that it
and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section
287.135, F.S., the City may immediately terminate this Agreement at its sole option if the
Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or
if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or engaged with business operations in Cuba or Syria during the term of the
Agreement.
I 1.10.3. The Contractor agrees to observe the above requirements for applicable subcontracts
entered into for the performance of work under this Agreement.
I 1.10.4. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-
stated contracting prohibitions then they shall become inoperative.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year as first stated above .
CITY OF SOUTH MIAMI
City Manager
Attest:
Approved as to form and legal sufficiency:
Bx · ~>r--'--"-'-<-=-=....:.....::::,~c..;__-----
W
City Attorney
Addresses for Notice:
Genaro "Chip" Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov ( email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq .
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
23 of 121
CONTRACTOR
By: NEON SIGN SOLUTIO N S:
Nam e : __ J_o_rg_e_ld_a_r_r_a_g_a ______ _
Title: __ P_r_e_s_id_e_n_t ________ _
Entity: Neon Sign Solutions
Addresses for Notice:
631 West 27th St
Hialeah Fl 33010
305-885-7400 (telephone)
info@neonsignsolutions.com ( email)
With a copy to:
___________ (telephone)
___________ (email)
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with
the City to register with and use the E-Verify system to verify the work authorization status of all newly
hired employees . The City will not enter into a contract unless each party to the contract registers with
and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit:
https://www .e -verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes
and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E-
Verify affidavits from subcontractors.
1rm proof of enrollment in E-Verify has been attached to this Affidavit.
Witness # I rint Name: Sergio ldarraga
~ Title: President
Witness #2 Print Name: Liessel Ferrer Entity Name: Neon Sign Solutions, Inc
ACKNOWLEDGMENT
State of Florida
County of ~D~B-ci~a~-----
The foregoing instrument was acknowledged before me by means of DI physical presence or □ online
notarization, this _19_ day of June , 20....2L, by~Jo_r...,g,...e~l~d~a~rr~a~g~a~------
(name of person) as President (type of t ' rit ~ for Neon Sign Solutions
___ (name of party on behalf of whom instrument is executed . A
missioned)
X Personally known to me; or
Sandra Murton
___ Produced identification (Type of Identification : _____________ )
___ Did take an oath; or
___ Did not take an oath
EXHIBIT B
CONTRACT FOR CONSTRUCTION
MARSHALL WILLIAMSON MONUMENT FREESTANDING DISPALY
1TB No PR2023-05
PROPOSAL: NEON SIGN SOLUTIONS
IOI of 121
SECTION 4.
BID FORM PACKAGE
As provided in the 1TB, the following items must be attached to this Bid:
FORMS STATUS
Form I -Bid Form Package Acknowledgement ✓
Form 2A. Bidder's Certification (if Company or Corporation) ✓
Form 2B. Bidder's Certification (if Partnership) ✓
Form 3. Single Execution Affidavits ✓
Form 4. Dispute Disclosure ✓
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters ✓
Primary Covered Transactions
Form 6. Bidder's Qualifications Survey ✓
Form 7. Bid Form ✓
Form 8. Reference List ✓
ATTACHMENTS
This compet1t1ve solicitation incorporates the following attachments, which should be reviewed
thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation.
The City is attaching the following Attachments:
Attachment A. Sample of Contract
Attachment B. Declaration/Affidavit of Representation
Attachment C. Marshall Williamson Memorial Freestanding Sign Plans
prepared by Easy Seals and dated January I 0, 2023
100 of 111
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
n Solutions Inc.
e ldarra a President
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
631 West 27th St
Hialeah, Fl 33010
( 305) 885-7 400
TELEPHONE NUMBER
State of Florida
County of Miami-Dade
The foregoing instrument was acknowledged before me by means of _K_ physical presence or _ online
notarization, this ____29_ day of March , 20..23...., by·_..J.Qrg.fLJj:larl~ia_ ____ _
(name of person) as · e f -"'ijgn Solutions
___ (name of party on behalf of whom instrument is
__ X_Personally known to me; or
No
Co
___ Produced identification (Type of Identification: ______________ )
___ Did take an oath; or
___ Did not take an oath
101 of 7lll
FORM 2A
BIDDER'S CERTIFICATION
(if Company or Corporation)
CERTIFICATE Fl 'd
STATE OF on a )
couNTY oF Miami-Dade
) ss
HEREBY CERTIFY that a meeting of the Board of Directors of
Neon Sign Solutions
a corporation or company existing under the laws of the State of ___._F--'-'lo"'r'-"id""a..._ ________ ,
held on 29 March , 2023, the following resolution was duly passed and adopted:
(SEAL)
RESOLVED, that, as President of the Corporation/Company, be and is hereby authorized
to execute the Bid dated, 03/27 , 2023 to the City of South Miami for 1TB No. 2023-XX
Marshall Williamson Monument Freestanding Display Project, and that this execution thereof,
attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal
affixed, shall be the official act and deed of this Corporation/Company.
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my official seal of
corporation/company on this the 29 of _=~"----'I
10J of1il
(if Partnership)
CERTIFICATE
STATE OF ____ _
COUNTY OF
FORM 2B
BIDDER'S CERTIFICATION
)
) ss
)
I HEREBY CERTIFY that a meeting of the Partners of ________ _
________________________________ ,a
partnership existing under the laws of the State of ____________ , held on
_________ , 2023, the following resolution was duly passed and adopted:
"RESOLVED, that
as _____________________________ of the
Partnership, be and is hereby authorized to execute the Bid dated _______ ,, 2023, to
(SEAL)
the City of South Miami for 1TB No. PR2023-0S Marshall Williamson Monument
Freestanding Display Project from this partnership and that his execution of thereof, attested
by the shall be the official act and deed of this Partnership."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this __ , day of ____ , 2023.
Secretary
10! of 7lll
FORMJ
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OFA NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY
THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR
BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE
BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE
TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED
TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE:
By: Jorge ldarraga
For (Name of Proposing or Bidding Entity): Neon Sign Solutions
Whose business address is: Neon Sign Solutions
And (if applicable) its Federal Employer Identification Number (FEIN) is : 65-1002696
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn
statement. SS#: ________________ _
Americans with Disabilities Act Compliance Affidavit
The above named firm, corporation or organization is in compliance with and agrees to continue to comply
with, and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining
to employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
JI
• The American with Disabilities Act of 1990 (ADA), Pub. L. IO 1-336, I 04 Stat 327, 42 USC
1210 I 12213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title Ill, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section
553.501-553.513, Florida Statutes:
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Transit Act, as amended 49 USC Section I 612;
• The Fair Housing Act as amended 42 USC Section 3601-3631 .
Bidder Initials
106 ofJil
Public Entity Crimes Affidavit
I understand that a "public entity crime" as defined in Paragraph 287.133( I )(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
I understand that "convicted" or "conviction" as defined in Paragraph 287.133( I )(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 I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133( I )(a), Florida Statutes, means:
I. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or 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.
I understand that a "person" as defined in Paragraph 287.133( I )(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 applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, and partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to
July 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
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
I, 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
101 of 1ll I
2. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid; and
3. Neither the Bidder/Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or
agreed, directly or indirectly with any other Bidder/Bidder, firm, or person to submit a collusive or
sham Bid/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder/Bidder, firm, or person to fix the price or prices
in the attached Bid/Bid or of any other Bidder/Bidder, or to fix any overhead, profit, or cost element
of the Bid/Bid price or the Bid/Bid price of any other Bidder/Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person
interested in the proposed Contract.
JI
Bidder Initials
Scrutinized Company Certification
I. Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel
List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may
result from this 1TB at its sole option if the Bidder or its subcontractors are found to have submitted
a false certification; or if the Bidder, or its subcontractors are placed on the Scrutinized Companies
that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
2. If the Agreement that may result from this 1TB is for more than one million dollars, the Bidder certifies
that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135,
F.S., the City may immediately terminate the Agreement that may result from this 1TB at its sole
option if the Bidder, its affiliates, or its subcontractors are found to have submitted a false certification;
or if the Bidder, its affiliates, or its subcontractors are placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria during the term of the Agreement.
3. The Bidder agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under the Agreement that may result from this 1TB. As provided in
Subsection 287.135(8), F.S., iffederal law ceases to authorize the above-stated contracting prohibitions
then they shall become inoperative.
JI
Bidder Initials
Drug-Free Workplace Affidavit
Bidder hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with
drug-free workplace programs when two bids/Bid are equal with respect to price, quality, and service.
Bidder understands that in order to qualify as a drug-free workplace, Bidder must:
a) 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 will be taken against employees for violations of such prohibition.
b) Inform employees about the dangers of drug abuse in the workplace, the Bidder's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
108 of 1ll I
it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph I above is for that public entity only and that this form is valid through December 3 I of the
calendar year in which it is filed. I also understand that I am required to inform the public entity prior to
entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes
for category two of any change in the information contained in this form.
JI
Bidder Initials
No Conflict of Interest or Contingent Fee Affidavit
Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has
paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising
out of this solicitation. Bidder also warrants that neither it nor any principal, employee, agent,
representative nor family member has procured or attempted to procure this contract in violation of any
of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics
ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the
termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be
selected for the performance of this contract.
JI
Bidder Initials
Business Entity Affidavit
Bidder hereby recognizes and certifies that no elected official, board member, or employee of the City of
South Miami (the " City") shall have a financial interest directly or indirectly in this transaction or any
compensation to be paid under or through this transaction, and further, that no City employee, nor any
elected or appointed officer (including City board members) of the City, nor any spouse, parent or child
of such employee or elected or appointed officer of the City, may be a partner, officer, director or
proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer,
or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the
Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total
assets or capital stock of the Bidder. Any exception to these above described restrictions must be
expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder
recognizes that with respect to this transaction or bid, if any Bidder violates or is a party to a violation of
the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-1 1.1, as
applicable to City, or the provisions of Chapter 112, part Ill, Fla. Stat., the Code of Ethics for Public
Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which
the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for
goods or services to City.
JI
Bidder Initials
Anti-Collusion Affidavit
I . Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed
respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances
respecting the Bid/Bid ;
109 of J!I
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations .
I) Give each employee engaged in providing commodities or contractual services under the
1TB a copy of the statement specified in subsection (I).
2) Notify employees that, as a condition of working on the commodities or contractual
services under the 1TB, the employee must abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter
893 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) days after such conviction .
3) 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 .
4) Make a good faith effort to continue to maintain a drug-free workplace through the
implementation of this section.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the
requirements set forth under F.S. § 287.087.
The entity submitting this sworn statement is not a drug-free workplace.
JI
Bidder Initials
City Non-Discrimination Requirements Affidavit
Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will
not enter into or award a contract to an entity engaged in a boycott.
Bidder understands that "Boycott" as defined under Section 3-1.1 of the Code of the City of South Miami
means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or
otherwise refuse to deal with a person or entity when the action is based on race, color, national origin ,
religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a
d iscrim inatory manner. The term boycott does not include a decision based upon business or economic
reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or
required by federal law or state law.
Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1 .1 of the Code
of the City of South Miami.
.JI
Bidder Initials
Acknowledgment. Warranty. and Acceptance
I . Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules
and regulations.
118 ofJi I
2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
1TB No. 2023-06 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the City Commission or City Manager, as applicable.
4. Contractor warrants that all information provided by it in connection with this Bid is true and
accurate.
JI
Bidder Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
IJGI ofJil
Witness #2 Print Name: Sergio ldarraga
ACKNOWLEDGMENT
State of Florida
County of Miami Dade
The foregoing instrument was acknowledged before me by means of X physical pre
notarization, this ~ day of March , 20~. by_,,. ........ -M->-........,q4.l ......... _,_,.,c;......-+--,,,,
(name of person) as President (type of auth ity) fo
___ (name of party on behalf of whom instrument is ex
__ X_Personally known to me; or
Notary P
Commissioned)
___ Produced identification (Type of Identification:. _______________ )
___ Did take an oath; or
___ Did not take an oath
IJl of J!I
FORM4
DISPUTE DISCLOSURE
Answer the following questions by placing an "X" after "Yes" or "No". If you answer "Yes",
please explain in the space provided, or on a separate sheet attached to this form.
I. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES _____ NO _ _,,_X........_ __
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
YES ____ NO _X __ _
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES ____ NO X
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and
state a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Bid or Bid for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of Miami Dade
The foregoing instrument was acknowledged before me by means of IXI physical presence or D online
notarization, this --29...._ day of March , 20-2.3..._, by->Llo'-4,µ;._JLl,Ll;lll.l.l~----£:.._-+----
(name of person) as President (type of authority) f
___ (name of party on behalf of whom instrument is executed).
X Personally known to me; or
___ Produced identification (Type of Identification: _____________ )
___ Did take an oath; or
___ Did not take an oath
Ill of Jil
FORM 5
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal
Register (pages 19160-19211 ). Copies of the regulations are available from local offices of the U.S. Small
Business Administration.
(I) The prospective primary participant certifies to the best of its knowledge and belief that
it and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph ( I )(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective primary participant shall attach an explanation to this
Statement of Qualifications.
Entity Name: Neon Si n Solutions
Date: 3/29/2023
Jorge ldarraga-President
Name and Title of Authorized Representative
IHofJlll
FORM6
BIDDER'S QUALIFICATIONS SURVEY
COMPANY QUALIFICATIONS QUESTIONNAIRE
Please complete this Company Qualifications Questionnaire. By completing this form and submitting a
response to the 1TB, you certify that any and all information contained in the bid is true, that your response
to the 1TB is made without prior understanding, agreement, or connections with any corporation, firm or
person submitting a response to the 1TB for the same materials, supplies, equipment, or services, is in all
respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the
1TB, and certify that you are authorized to sign for the Bidder's firm.
Some responses may require the inclusion of separate attachments. Separate attachments should be as
concise as possible, while including the requested information. In no event should the total page count of
all attachments to this Form exceed five (5) pages. Some information may not be applicable; in such
instances, please insert "N/A".
Neon Sign Solutions, Inc.
Firm Name
631 West 27th St Hialeah, Fl 33010
Principal Business Address
305-885-7 400
Telephone Number
info@neonsignsolutions.com
Email Address
65-1002696
Federal I.D. No. or Social Security Number
5224431
Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
Facsimile Number
How many years has the firm has been in business under its current name and ownership? ....21._
Please identify the Firm's document number with the Florida Division of Corporations and date the Firm
registered/filed to conduct business in the State of Florida:
P00000042731 4/27/2000
Document Number Date Filed
Please identify the Firm's category with the Florida Department of Business Professional Regulation
(DBPR), DBPR license number, and date licensed by DBPR:
Specialty Electrical Contractor
Category
Es12001789
License No.
Please indicate the type of entity form of the Firm (if other, please describe):
07/22/2022
Date Licensed
o Individual □ Partnership ,<.Corporation o LLC □ LLP o Other _________ _
Please identify the Firm's primary business: Manufacture and Install Signs
1Hof1!1
Please identify the number of continuous years your Firm has performed its primary business: _
Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key
Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the
f h . h . d h r ·fi name o t e entity t at issue t e 1cense or cert1 1cat1on:
License/Certification Name of Entity Issuing License No. License Issuance Date
Type License or Certification
Specialty Electrical Contractor Department of Business Es12001789 07/22/2022
and Professional
Regulation
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm:
License/Certification Name of Entity Issuing License No. License Issuance Date
Type License or Certification
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their
h . signing aut ority:
Authorized Signor's Name Title Signing Authority Threshold
(All, Cost up to $X-Amount, No Cost, Other)
Jorae ldarraaa President All
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.}:
Total No. of Employees 5
Total No. of Managerial/Administrative 2
Employees
Total No. of Trades Employees by Trade 3
INSURANCE INFORMATION
Please provide the following information about the Firm's insurance company:
All Insurance Services Joana Fernandez
Insurance Carrier Name Insurance Carrier Contact Person
1548 W 37 St. 305-822-44 72 jfernandez@aisrv.com
Insurance Carrier Address Telephone No. Email
Has the Firm filed any insurance claims in the last five (5) years? M No o Yes If yes, please identify the
type of claim and the amount paid out under the claim : ________ _
FIRM OWNERSHIP
Please idenci all Firm owners or artners, their title, and ercent of owners ·
I J6 of 7!1
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
[)(No o Yes If yes, please identify the name of the owner/partner, the other entity's name, and percent
of ownership held by the stated owner/partner:
Owner/Partner Name Other Entity Name Ownership (%)
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public
entities:
Public Entity Contact Person Telephone No. Email Address Date Awarded
Tamiam i Park And Ride Hernan Lopez 305-3 7 5-5269 Hernan .Lopez @miam idade .gov 05/31/2022
South Dade Government Ce nte , Hernan Lopez 305-3 7 5-5269 Hernan.Lopez@m iamidade.gov 01 /02/2023
City of South Miami Aurelio Carmenantes 305-403-2072 acarme nantes @sou th mi ami.g ov 02/02/2023
Jackson Memorial Hospital Jared Michael 786-493-6546 jared .galloway@jhsm iami.org 02/02/2022
Port of Miam i Luis Ibarra 305-34 7-4814 lu is.ibarra2 @miamidade.g ov 06/01/2022
By signing below, Bidder certifies that the information contained herein is complete and accurate to the
best of Bidder's knowledge.
Firm: Neon Sign Solu ·
llil of 111
Date: 3/29/2023
Title: President
FORM 7
BID FORM
Bid prices stated in this Form shall include all costs and expenses for labor, equipment, materials,
contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project will
be based upon completion of the entire project as a Lump Sum contract.
ITEM ITEM EST.QTY NO. DESCRIPTION UNIT TOTAL COST
1-1 Permit LS $ 400.00
1-2 Mobilization LS $ 800.00
Monument Display, including
1-3 Plaques & All Structural LS $ 6,500.00
Work Necessa
1-4 As-built Plans LF $ 1,200.00
TOTAL PROJECT COST: $ 8,900.00
SUBMITTED THIS 29 DAY OF ------
PROPOSAL SUBMITTED BY :
Neon Sign Solutions
Company
Title
IJS of Iii
March ----------20~.
305-885-7 400
Telephone Number
Fax Number
info@neonsignsolutions.com
Email Address
FORMS
REFERENCE LIST
IN ADD ITION TO THE INFORMATION REQUIRED ON THIS FORM,
BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #I
Public Entity Name: Miami Dade Park & Ride
Reference Contact Person/Title/Department: _H_e_r_n_an_L_o~p_e_z _____________ _
Graphics & Design Manager I Internal Services Department
Contact Number & Email Hernan.Lopez@miamidade.gov 305-375-5269
Public Entity Size/Number of Residents/Square Mileage:----aN....=..,..a/ A'--'---------------
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) -~M=a=n~u=fa=c=t=u~re~a~nd~I n~s=t=a~II ~tw~o~id=e~n=ti=fi=c=at=io=n~m=o~n=u=m~e=n~t __ _
signs to read: Park and Ride.
Is the Contract still Active? Yes ~X~-No ___ _
I JS of HI
REFERENCE #2
Public Entity Name: ___,_P-=o"'""rt'""'o""'f--'-M-'-'-'-=ia'-'-m""'i'-----------------------
Reference Contact Person/Title/Department: Luis Ibarra / Sr Systems Administrator/
MDC Information Technology Department
Contact Number & Email 1uis.ibarra2@miamidade.gov 305-347-4814
Public Entity Size/Number of Residents/Square Mileage:~N~/A..__._ _____________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) Supply and Install two led screens
Is the Contract still Active? Yes ___ No X
Page 2 of69
118 of Jll. I
REFERENCE #3
Public Entity Name: _G_r_o---'u_._p'---M _____________________ _
Reference Contact Person/Title/Department: ----'-P--=a=b=lo=---'-M"-'-=e"""ji=a .... , _,_P-'-r-=e-=s"'""id"""e:.an"""'t'-----------
Contact Number & Email 305-235-2538 groupm@gate.net
Public Entity Size/Number of Residents/Square Mileage:.___.N ......... /AL...L.--------------
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) Marn 1fact11re and lnstal various illuminated channel letters
Is the Contract still Active? Yes X No --------
Page 3 of69
110) of 7!1
EXHIBIT A
CONTRACT FOR CONSTRUCTION
MARSHALL WILLIAMSON MONUMENT FREESTANDING DISPALY
1TB No PR2023-05
1TB No PR2023-09
25 of 121
1111 < II\ (Ji 1'11·,\S,\:Sl 11\'l'-L
PUBLIC NOTICE
INVITATION TO BID (1TB) No. PR2023-05
MARSHALL WILLIAMSON MONUMENT FREESTANDING DISPLAY PROJECT
NOTICE IS HEREBY GIVEN that the City of South Miami ("City") is soliciting bids for the Marshall
Williamson Monument Freestanding Display Project. Interested companies, firms, and individuals
("Bidders") may obtain a copy of Invitation to Bid No. PR2023-05 (the "ITB") to be issued on March
27, 2023, at the City of South Miami 6130 Sunset Drive, South Miami, FL 33143, on the City's website at
www.southmiamifl.gov, or via DemandStar at https://network.demandstar.com/. The 1TB contains detailed
information about the scope of work, submission requirements, and selection procedures. All notices and
any addenda issued by the City with respect to the 1TB will be made available on the City's website. It is
the Bidder's sole responsibility to ensure receipt of any issued notice or addenda relating to this 1TB once
posted to the website. The bid submission shall be submitted electronically via DemandStar and marked
"Bid to City of South Miami, 1TB No. PR2023-05 for the Marshall Williamson Monument Freestanding
Display." Bids must be received by the City by no later than April 14, 2023 at I 0:00 a.m. EST.
E-BID OPENING VIA VIDEO CONFERENCING:
The City will only receive submittals electronically through the DemandStar Electronic Bid
System (E-Bidding). To register as a business, go to https://network.demandstar.com/
Bids will be publicly opened through video conferencing using the Zoom platform. At I 0:30 AM, local
time. Members of the public are invited to view the bid opening meeting through Zoom at
https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by
dialing+ 1-786-635-1003 Meeting ID: 3056636339.
Any bid submission received after this time and date will be rejected and returned unopened. Bidders are
responsible for ensuring that their bid is received in the City by the deadline.
A pre-response conference will NOT be held for this project.
The City hereby provides notice to all Bidders of the imposition of a Cone of Silence for this solicitation,
as set forth in Section SA-7 of the City Code. "Cone of Silence," as used herein, means a prohibition on
communication regarding a competitive solicitation such as a request for proposal, request for
qualification, request for information or request/invitation for bid between a potential vendor, service
provider, proposer or bidder, or agent, representative, lobbyist or consultant for the potential bidder;
and (i) members of the City commission; (ii) the City's professional staff; or (iii) any member of the
City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or City
Attorney with any questions on the Cone of Silence.
Date Issued: March 27, 2023
27of121
TABLE OF CONTENTS
Section Page
Section I: Information for Bidders 4
Section 2: Terms and Conditions 11
Section 3. Scope of Work 17
Section 4: Bid Submission Requirements and Evaluation & 20
Forms and Attachments
Section 4: Bid Form -Form 7 37
28 of 121
SECTION I.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the "City") is soliciting bids for the Marshall Williamson Monument
Freestanding Display Project (the "Project"). The City hereby requests bids for the selection of one firm
("Contractor" or "Bidder") to provide the work for the Project as set forth in greater detail in Section 3
of this Invitation to Bid ("ITB").
The Contractor awarded a contract pursuant to this 1TB shall provide the services, design, labor, materials,
equipment, and all incidentals necessary, as further defined in Section 3 of this 1TB (the "Work" or the
"Services") for the Project.
The City intends to award a contract to the lowest, most responsive and responsible Bidder whose bid
meets the requirements and criteria set forth in this 1TB for the Work described in this 1TB.
1.2. SCHEDULE OF EVENTS.
The following schedule is anticipated for this 1TB process, but is subject to change by the City, in its sole
discretion, at any time during the 1TB procurement process.
No. Event Date* Time*
(EST)
I Advertisement/ Distribution of 1TB March 27, 2023 10:00AM
Non-Mandatory / Mandatory Pre-Bid Conference
2 and Site Visit NONE
6130 Sunset Drive SCHEDULED
South Miami, FL 33143
3 Deadline to Submit Questions / Requests for April 7, 2023 10:00AM Clarification
4 City Issues Addenda and Responds to Questions April I I, 2023 10:00AM
5 Deadline to Submit Sealed Bids -Submission April 14, 2023 10:00 AM Deadline
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
6 https://zoom.us/j/3056636339 ,or listen to the meeting on April 14, 2023 10:30 AM
a dedicated phone line by dialing + 1-786-635-1003 Meeting
ID: 3056636339.
7 City Manager issues recommendation to City Commission May 2, 2023 7:00 PM
8 Award Bid(s) and Agreement(s) at City Commission May 2, 2023 7:00 PM Meeting
29 of 121
1.3. BID DUE DATE.
Sealed Bids must submitted electronically through the DemandStar Electronic Bid System at
https://network.demandstar.com/. All sealed bids must be received by I 0:00 a.m. E.S.T. on April 14,
2023 (the "Submission Deadline"). Sealed bids will be publicly opened through video conferencing using
the Zoom platform. Members of the public are invited to view the bid opening meeting through Zoom
at https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by
dialing+ 1-786-635-1003 Meeting ID: 3056636339.
1.4. PRE-BID CONFERENCE AND SITE(S) VISIT.
A pre-bid conference, will be NOT be scheduled for this project.
Prior to submitting a Bid, each Bidder should visit the site and become familiar with the conditions that
may, in any manner, affect the Work to be performed by the awarded contractor or the equipment,
materials and labor required. The Bidder is also required to examine carefully the Scope of Work set
forth in Section 3 of this 1TB and be thoroughly informed regarding any requirements or conditions that
may in any manner affect the Work to be performed under the Agreement. No allowances will be made
because of lack of knowledge of any conditions or requirements.
I.S. ADDENDA. CHANGES. OR REQUESTS FOR INTERPRETATION DURING BID
PROCESS.
The City will not respond to oral inquiries or questions concerning this 1TB . All written inquiries, requests
for interpretation or clarification shall be sent to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
6130 Sunset Drive
C ity of South Miami, FL 3 314 3
E-Mail : skulick@southmiamifl.gov
Facsimile: (305)669-2636
Any written inquiry or request for interpretation or clarification must be sent by e-mail or written
correspondence and received by the City no later than April 7, 2023 at I 0:00 a.m.
All such interpretations or clarifications will be made in writing in the form of an Addendum to this 1TB
issued by the City to all known and/or registered prospective Bidders . Each prospective Bidder shall
acknowledge receipt of such Addenda by including it in the Bid Form . All Addenda shall be a part of this
1TB and a part of the Agreement and each Bidder will be bound by such Addenda, whether or not
received . It is the responsibility of each prospective Bidder to verify that it has received all
Addenda issued before Bid are submitted and opened.
1.6. SUBMISSION OF BID.
Sealed Bids must submitted electronically through the DemandStar Electronic Bid System at
https://network.demandstar.com/ by the Submission Deadline and must be marked as "Bid to City of
South Miami, 1TB No. PR2023-0S, Marshall Williamson Monument Freestanding Display"
and addressed to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
61 30 Sunset Drive
30 of 121
City of South Miami, FL 33143
E-Mail: skulick@southmiamifl.gov
THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO THE CITY ON OR BEFORE
THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER.
THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR DURING THE SUBMISSION
OF BIDS. ANY BID RECEIVED AFTER THE SUBMISSION DEADLINE STATED IN THIS 1TB WILL NOT
BE OPENED AND WILL NOT BE CONSIDERED. FACSIMILE AND EMAILED BID SHALL NOT BE
CONSIDERED.
The Bid must be signed by an authorized officer of the Bidder who is legally authorized to bind the Bidder
and enter into a contractual relationship in the name of the Bidder. The submittal of a Bid by a Bidder
will be considered by the City as constituting an offer by the Bidder to perform the required Work, upon
the terms and at the prices stated by the Bidder.
The City will only receive submittals electronically through the DemandStar Electronic Bid
System (E-Bidding). To register as a business, go to htti;>s://network.demandstar.com/
Bids will be publicly opened through video conferencing using the Zoom platform at I 0:30
AM, local time. Members of the public are invited to view the bid opening meeting through
Zoom at https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a
dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339.
Bids shall be typed or printed in ink. All blanks on the Bid form(s) must be completed. Names must be
typed or printed below the signature. Bids submitted by hand-delivery, facsimile and/or email will not be
accepted.
Only one (I) Bid from any individual, firm, partnership, or corporation, under the same or different names,
will be considered. If the City determines that any Bidder has interest in more than one (I) Bid for Work
contemplated; all Bid in which such a Bidder is interested will be rejected. Bidder by submitting this Bid
certifies that this Bid is made without previous understanding, contract, or connection with any person,
firm or corporation making a Bid for the same material, supplies, equipment or services and is in all
respects, fair and without collusion of fraud.
1.7. BID REQUIREMENTS & FORMAT.
Each Bidder must present its products, services, and applicable features in a clear and concise manner that
demonstrates the Bidder's capabilities to satisfy the requirements of this 1TB . The emphasis should be on
accuracy, clarity, comprehensiveness and ease of identifying pertinent information and suitability of the
Work. Bids MUST include the following:
I • 7. I • Bid Form Package. Bidder shall provide complete and accurate copies, with all required
signatures and notarizations, for all the forms in the Bid Package:
Form I.
Form 2A.
Form 2B.
Form 3.
Form 4.
Form 5.
Matters
Form 6.
Form 7.
Form 8.
Bid Form Package Acknowledgement.
Bidder's Certification (if Company or Corporation)
Bidder's Certification (if Partnership)
Single Execution Affidavits
Dispute Disclosure
Certification Regarding Debarment, Suspension, & Other Responsibility
Primary Covered Transactions
Bidder's Qualifications Survey
Bid Form
Reference List
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1.8.
I. 7 .2. Proof of Experience. Provide documentation evidencing the experience of the Bidder
and demonstrating that the Bidder has successfully provided Work similar to those specified
herein to other firms and/or agencies of similar size and needs as the City. The Bidder firm
shall be currently engaged in Work on a full time basis and shall have been in existence and
continuous operation providing the Work for a minimum of three (3) years.
1.7.3. Safety Record. Bidder shall provide documentation evidencing the safety and compliance
record of the Bidder in performing similar Work, including information as to any safety or
any noncompliance violations, assessments or citations issued by applicable governmental
agencies in the past five (5) years.
I • 7 .4. Bidder's Qualifications. Include name, function, and qualifications of key personnel,
including key subcontractors, in the organization who will be providing Work. The key
person or contact assigned to the Work shall within the past three (3) years have conducted
and been responsible for providing Work in a similar project or environment. Please note,
to receive further consideration, all Bidders must provide the necessary documentation to
demonstrate that they meet the following minimum qualifications:
1.7.4.1.Service and Incorporation. Contractor shall have been in business and continuous
operation and service and incorporated in the State of Florida for a minimum of five
(5) years.
1.7.4.2.Licenses. Contractor must be fully licensed with any and all applicable and required
licenses, certifications and permits for Work, including government licenses,
certifications, and permits from the State of Florida, Miami-Dade County, the City, and
any other governing governmental regulatory authorities.
I. 7 .S. Insurance Certificates. Bidder shall provide certificates of insurance demonstrating
compliance with the requirements set forth under Section 2 of this solicitation, including:
I. 7.5. I. Commercial General Liability
1.7.5.2. Workers Compensation & Employer's Liability
1.7.5.3.Business Automobile Liability
THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR
ADDITIONAL COVERAGE IF DEEMED NECESSARY.
I • 7 .6. Bidder may provide any additional information that highlights experience or expertise, which
is relevant and directly applicable to this 1TB.
EVALUATION CRITERIA/AWARD OF CONTRACT.
Award shall be made to the lowest responsible and responsive Bidder whose qualifications indicate the
Award will be in the best interest of the City and whose Bid complies with the requirements of this 1TB.
In no case will the Award be made until all necessary investigations have been made into the responsibility
of the Bidder and the City Manager is satisfied that the Bidder is qualified to do the Work and have the
necessary organization, capital and equipment to carry out the Work in the specified timeframes. The
responsible bidder shall be a person who has the capability in all respects to fully perform the contract
requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities,
equipment, financial resources and credit which will give a reasonable expectation of good faith
performance, and a person who has submitted a bid which conforms in all material respects to the 1TB
(the "Responsible Bidder"). In evaluating responsibility, the City may also consider previous contracts with
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the City, past performance and experience with other contracts, compatibility of the project team with
City personnel, and any other criteria deemed relevant by the City. The City Manager or designee may
reject those bids that do not meet the minimum requirements of the 1TB.
If the City accepts a bid, the City will provide a written notice of award to the lowest responsible and
responsive Bidder who meets the requirements of this 1TB. If the successful bidder to whom the contract
is awarded forfeits the award by failing to meet the conditions of this 1TB, the City may, at the City's sole
option, award the contract to the next lowest, most responsive, and responsible bidder or reject all bids
or re-advertise the Work.
Neither this 1TB, nor the notice of award of the Agreement(s) constitutes an agreement or contract with
the Successful Bidder(s). An agreement or contract is not binding until a written agreement or contract,
in substantially the form attached hereto as Attachment "C," has been executed by the City and the
Successful Bidder(s) and approved as to form, content, and legal sufficiency by the City Manager and City
Attorney.
1.9. CITY'S RIGHTS; WAIVER OF IRREGULARITIES.
The City reserves the right to reject any or all bids which is in any way incomplete or irregular, re-bid
the entire solicitation, or enter into contracts with more than one Contractor.
The City reserves the right to accept or reject any and/or all Bid or parts of Bid, to workshop or negotiate
any and all Bid, to select and award Bidder(s) for all or any of the Work, waive irregularities in Bid, to
cancel or discontinue this 1TB process, and to request new Bid on the required Work or services. The
City Commission shall make the final determination and award of Bid(s).
All materials submitted in response to this Invitation to Bid become the property of the City and will be
returned only at the option of the City. The City has the right to use any or all ideas presented in any
Bid or responses to the 1TB, whether amended or not, and selection or rejection of Bid does not affect
this right.
1.10. CODE OF ETHICS PROVISIONS.
1.10.1. Cone of Silence.
The provisions of City's Cone of Silence are applicable to this 1TB. The City's Cone of Silence provisions
can be found under Section SA-7 of the City Code of Ordinances. Questions regarding the Cone of Silence
may be sent to:
Nkenga "Nikki" Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
The Cone of Silence as used herein means a prohibition of any communication regarding a competitive
solicitation such as a request for proposal, request for qualification, request for information or
invitation/request for bid, between a potential vendor, service provider, proposer or bidder (hereinafter
referred to as the "potential bidder"), or agent, representative, lobbyist or consultant for the potential
bidder; (hereinafter referred to as the "bidder's representative"); and
(i} Members of the City Commission; or
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(ii) City's professional staff; or
(iii) Any member of the City's selection, evaluation or negotiation committee.
The provisions of the Cone of Silence shall not apply to:
(i) Communications at a duly noticed pre-bid conferences or at any duly noticed public selection
or negotiation committee meeting or duly noticed public City commission meeting at which
the City Manager has placed the subject of the solicitation on the agenda;
(ii) Communication regarding the solicitation at recorded contract negotiations, recorded oral
presentation or recorded oral question and answer session and recorded contract negotiation
strategy sessions in compliance with the exemption in F.S. § 286.0 I 13;
(iii) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the selection or negotiation committee meetings;
(iv) Written communication at any time with any City professional staff (not including selection,
evaluation or negotiation committee members), unless specifically prohibited by the applicable
competitive solicitation documents. This section shall not be construed to prevent written
communication between City professional staff and any City selection, evaluation or
negotiation committee. A copy of any written communication made during the cone of silence
shall be contemporaneously filed with the City clerk by the potential bidder or bidder's
representative. The City clerk shall make copies available to any person upon request;
(v) Communication that is strictly limited to matters of those processes or procedures that are
contained in the corresponding solicitation document and which communication is between
any person and the City's purchasing agent or the City employee who is designated as being
responsible for administering the procurement process for such solicitation;
(vi) Communications with the City attorney and his or her staff;
(vii) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(viii) Any emergency procurement of goods or services pursuant to City code;
(ix) Responses to a request made by the City's purchasing agent, or the City employee who is
designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(x) Communications prior to bid opening between City's professional staff and potential bidders
and/or bidder's representatives to enable City staff to seek and obtain industry comment or
perform market research, provided all communications related thereto between a potential
bidders and/or bidder's representatives and any member of the City's professional staff
including, but not limited to the City Manager and his or her staff, are in writing or are made
at a duly noticed public meeting.
1.10.2. Lobbying Prohibited. All potential Bidders and their agents who intend to submit, or
who submitted, a bid or response to this solicitation, are prohibited from lobbying,
individually or collectively, any City Commissioner, candidate for City Commissioner, or any
employee of the City in connection with this solicitation.
The term "Lobbyist" means all persons (including officers and managers of a legal entity),
firms, or legal entities such as a corporation, partnership or limited liability company,
employed or retained by a principal (including an officer of the principal or an employee of
the principal whose duties include marketing, or soliciting business, for the principal) who
seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution, action
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or decision of the City Commission; (2) any action, decision, recommendation of the City
Manager or any City board or committee; or (3) any action, decision or recommendation
of City personnel during the time period of the entire decision-making process on such
action, decision or recommendation which foreseeably will be heard or reviewed by the
City Commission, or a City board or committee.
Contact may only be made through regularly scheduled Commission meetings, or meetings
scheduled through the Procurement Division, which is for the purpose of obtaining
additional or clarifying information or as otherwise provided for in the City's Cone of
Silence . Any presentation before a selection committee is considered to be lobbying;
however, the presentation team may avoid formal registration by complying with section
8A-5(c)(9), of the City Code of Ordinances and completing Attachment B to this 1TB. Any
person who submits a proposal, whether solicited or unsolicited, on behalf of his or her
principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited,
is considered to be a lobbyist. All Bidders are strongly encouraged to review Section BA-5
of the City Code of Ordinances for further information.
To register as a lobbyist, please contact the City Clerk at:
Nkenga "Nikki" Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
END OF SECTION I
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SECTION 2.
TERMS AND CONDITIONS
2.1. PURPOSE OF BID.
The City requests Bids from qualified firms for the Marshall Williamson Monument Freestanding Display
Project (the "Project"). The Work to be performed includes, but is not limited to, services related to
production/fabrication, assembly, and installation of a new monument display sign as illustrated in the
attached documents and, as further detailed in the Scope of Services provided in Section 3 herein (the
"Work" or "Services"). The frequency, nature, scope and definition of the Work desired or required by
the City may change from time to time, at the City's discretion.
The City intends to secure a source of supply(s) for the Work from a qualified contractor(s) that conform
to the requirements of this 1TB and is most advantageous to the City and in its best interest. The City
reserves the right to award the Bid(s) considered to best serve the City's interests.
2.2. DELIVERY.
All equipment, materials, and goods in connection with the Work shall be delivered F.O.B. destination
(i.e., at a specific City address), and delivery costs and charges (if any) will be included in the Bid pricing.
Exceptions should be noted.
2.3. EQUIPMENT.
Any equipment or products used by Contractor to provide Work pursuant to this 1TB shall remain the
property of the Contractor. In the event equipment or products used by the Contractor are found to be
defective, of unsatisfactory quality, or do not conform to the requirements of this 1TB or the Specifications,
the City reserves the right to reject the equipment or product(s), at the Contractor's expense.
2.4. PRICING.
The Bid form attached to this 1TB under Section 4 and to be included with each Bid shall specify the
Bidder's pricing and/or fees for the equipment and Work requested herein. Bidder should include any
and all applicable taxes in Bid prices. If the Bidder is awarded an Agreement pursuant to this 1TB, the
prices and fees quoted in the Bid shall remain fixed and firm during the term of the Agreement.
2.5. BID COSTS.
Bidders submitting Bid do so entirely at their own cost and expense. There is no expressed or implied
obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing
or submitting Bid, providing additional information when requested by the City, or for participating in any
selection interviews.
2.6. LICENSES AND PERMITS.
Bidder shall secure any and all necessary and required licenses, certifications and permits to conduct the
Work, including, but not limited to, all Federal, State, County and City licenses and permits. All Bidders
must provide the necessary documentation to demonstrate that they meet all applicable licensing and
permitting requirements.
By submitting a Bid in response to this 1TB, Bidder represents and warrants to the City that it holds all
licenses, certifications and permits ("Licenses") required by applicable law and by any other governmental
authority or agency to perform the Work. Bidder represents and warrants to the City that the Licenses
shall be in full force and effect on the date of performance of the Work and further represents that it
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holds and will hold all Licenses throughout the term of the Agreement. Bidder shall provide the City with
copies of all Licenses and any additional permits that may be required for performance of the Work with
its Bid and during the term of the Agreement.
Where the Contractor is required to enter onto City property, public rights-of-way or other property
to deliver equipment or to perform the Work as a result of a Bid award, the Contractor will assume the
full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and
insurance required. The Contractor shall be liable for any damages or loss to the City property, or other
property or persons, occasioned by the acts or omissions, or the negligence of the Bidder (or their agent)
or any person the Bidder has designated in the performance of the Work, as a result of the Bid.
2.7. INSURANCE.
2. 7. I . If selected, the Contractor shall secure and maintain throughout the duration of the awarded
contract insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated
A-X or better by AM. Best and qualified to do business in the State of Florida. The insurance
coverage shall be primary insurance with respect to the City, its officials, employees, agents
and volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's
insurance. The insurance coverages shall include at a minimum the amounts set forth in this
section and may be increased by the City as it deems necessary or prudent. Copies of
Contractor's actual Insurance Policies as required herein and Certificates of Insurance shall
be provided to the City, reflecting the City as an Additional Insured. Each Policy and
certificate shall include no less than (30) thirty-day advance written notice to City prior to
cancellation, termination, or material alteration of said policies or insurance. All coverage
forms must be primary and non-contributory and the Contractor shall provide a waiver of
subrogation for the benefit of the City. The Contractor shall be responsible for assuring that
the insurance policies and certificates required by this Section remain in full force and effect
for the duration of the Work.
2.7.1. I.Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to property under the
care, custody and control of Contractor. The General Aggregate Liability limit and
the Products/Completed Operations Liability Aggregate limit shall be in the amount of
$2,000,000 each.
2.7.1.2.Workers Compensation and Employer's Liability insurance, to apply for all employees
for statutory limits as required by applicable State and Federal laws. The policy(ies)
must include Employer's Liability with minimum limits of $1,000,000.00 each accident.
No employee, subcontractor or agent of the Contractor shall be allowed to provide
Work pursuant to this 1TB who is not covered by Worker's Compensation insurance.
2.7.1.3.Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance
Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
2. 7 .2. The Contractor agrees to indemnify, defend and hold harmless the City from and against
any and all claims, suits, judgments, losses, damages, executions and/or liabilities as to bodily
injuries and/or property damage which arise or grow out of the Agreement or Contractor's
performance of the Work required by this 1TB.
2. 7 .3. The Contractor shall also, upon request by the City, provide copies of all official receipts
and endorsements as verification of Contractor's timely payment of each insurance policy
premium as required by the Agreement.
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2.7.4. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR
ADDITIONAL COVERAGE IF DEEMED NECESSARY.
2.8. BONDS. The selected Contractor must, prior to performing any portion of the Work and
2.9.
within three (3) days of the Effective Date of the Construction Contract, deliver to the City the
Bonds required to be provided by Bidder hereunder and the Construction Contract( collectively,
the "Bonds"). The City, in its sole and exclusive discretion, may also require other bonds or
security, in order to guaranty that the awarded contract with the City will be fully and
appropriately performed and completed. The surety providing such Bonds must be licensed,
authorized, and admitted to do business in the State of Florida and must be listed in the Federal
Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds shall be
included in the contract price. If notice of any change affecting the scope of services/work, the
contract price, contract time, or any of the provisions of the Construction Contract is required
by the provisions of any bond to be given to a surety, the giving of any such notice shall be the
selected Contractor's sole responsibility, and the amount of each applicable bond shall be
adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do
business in Florida is terminated or it ceases to meet applicable law or regulations, the selected
Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as
applicable) and surety, all of which must be satisfactory to the City.
2.8.1. Performance Bond. If this provision is selected, the selected Contractor must deliver to
the City a performance bond in an amount equal to I 00 percent of the price specified in the
contract. The performance bond shall provide that the bonding company will complete the
project if the selected Contractor defaults on the contract with the City by failing to perform
the contract in the time and manner provided for in the contract.
2.8.2. Payment Bond. If this provision is selected, the selected Contractor must deliver to the
City a payment bond in an amount equal to I 00 percent of the price specified in the contract.
The payment bond shall provide that the bonding company or surety will promptly pay all
persons who supply labor, materials, or supplies used directly or indirectly in the
performance of the work provided for in the contract between the selected Contractor and
the City if the selected Contractor fails to make any required payments only.
2.8.3. Waiver of Bonds. If this provision is selected, the City Manager has waived or limited
the requirements contained herein for payment or performance bonds upon such
circumstances as are deemed in the best interest of the City. If the requirement for a
payment bond is waived, the City shall select this box: ~-If the requirement for a
performance bond is waived, the City shall select this box: ~-
BID GUARANTY/BID BOND. Each bid must be accompanied by a Bid Bond or Cashier's
Check, in the amount of five percent (5%) of the bid, in the form provided in Form I 0. Bid
Guaranty shall be made by certified or cashier's check or by a bid bond made payable to the City
and provided by a surety company authorized to do business as a surety in the state. All Bid
Bonds shall be valid for a period of at least 90 days from the bid submission date. The Bid Bonds
for all unsuccessful bids shall be returned after the 90-day period. The purpose of the bid bond
is to ensure that bids are honored and that they remain valid for the required period.
Accordingly, bid bonds are subject to forfeiture any time Bidders refuse to honor their bids for
at least 90 days after bid opening. The Bid Guaranty of the successful bidder will be retained until
such bidder has executed a contract and furnished any payment and performance bonds, along
with all insurance policies, licenses, or other documentation that may be required by the City. If
the successful bidder fails to furnish the required payment and performance bonds, fails to
execute and deliver the contract, or fails to deliver the required insurance policies, licenses, or
other documentation to the office of the purchasing agent within the time specified in the
instructions to bidders, the City may annul the notice of award and the entire sum of the Bid
Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be
returned after the Contract is awarded and executed.
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If the requirement for a Bid Guaranty/Bid Bond is waived, the City shall select this box: IXI.
2.10. COMPLIANCE WITH LAW AND OTHER REQUIREMENTS.
Contractor shall conduct its operations in compliance with all applicable federal, State, County and City
laws and regulations in providing the Work required by this 1TB.
2.11. ASSIGNMENT.
The Contractor shall not transfer or assign the performance of the Work required by this 1TB and the
Agreement without the City's prior written consent. Any award issued pursuant to this 1TB and monies
which may be payable by the City, are not assignable except with the City's prior written approval.
2.12. ATTORNEY'S FEES.
If the City incurs any expense in enforcing the terms of the Agreement, whether suit be brought or not,
Contractor agrees to pay all such costs and expenses including, but not limited to, court costs, interest
and reasonable attorney's fees.
2.13. CONTRACTOR'S RELATION TO THE CITY.
It is expressly agreed and understood that the Contractor is in all respects an independent contractor as
to all Work hereunder, and that the Contractor is in no respect an agent, servant or employee of the
City. This 1TB specifies the Work to be performed by the Contractor, but the method to be employed
to accomplish the Work shall be the responsibility of the Contractor, unless otherwise provided in the
Agreement or by the City.
2.14. DISCRIMINATORY PRACTICES.
The Contractor shall not discriminate or deny service, deny access, or deny employment to any person
on the basis of race, color, creed, sex, sexual orientation, religion or national origin. The Contractor will
strictly adhere to the equal employment opportunity requirements and any applicable requirements
established by the State of Florida or the Federal Government.
2.15. CANCELLATION.
Failure on the part of the Contractor to comply with the conditions, specifications, requirements and
terms as determined by the City, shall be just cause for cancellation of the award, with the Contractor
holding the City harmless.
2.16. INDEMNIFICATION.
The Contractor shall indemnify, save harmless and defend the City, its officers, agents and employees from
and against any claims, demands or causes of action of whatsoever kind or nature arising out of any act,
error, omission, negligent act, conduct or misconduct of the Contractor, its agents, servants or employees,
in the performance of the Work pursuant to this 1TB and/or from any procurement decision of the City
including without limitation, awarding the Agreement to a Contractor.
2.17. MULTIPLE /OTHER VENDORS.
The City reserves the right to select and award multiple Bidders to provide some or all of the Work. If
the selected contractors are unavailable, the City reserves the right to seek and obtain other sources.
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2.18. PUBLIC ENTITY CRIME/DISQUALIFICATION.
Pursuant to Section 287. I 33(3)(a), Florida Statute, all Bidders are advised as follows:
"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 bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity and may not transact business with any public
entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
2.19. NO CONTINGENCY FEE.
Bidder shall warrant that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Bidder, to solicit or secure the Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for the Bidder, any fee, commission, percentage, gift or other consideration contingent
upon or resulting from the award or making the Agreement. For the breach or violation of this provision,
the City shall have the right to terminate the Agreement, without liability, at its discretion.
2.20. PUBLIC RECORDS: CONFIDENTIALITY.
Bidders are hereby notified that all information submitted as part of or in support of Bid submitted
pursuant to this 1TB are public records subject to public disclosure in accordance with Chapter 119,
Florida Statutes. If there is any apparent conflict between Florida's Public Records Law and this 1TB, Florida
Law will govern and prevail.
All Bids submitted in response to this 1TB shall become the property of the City. Unless the information
submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to utilize any
or all information, ideas, conceptions, or portions of any Bid in its best interest. Acceptance or rejection
of any Bid shall not nullify the City's rights hereunder.
Notice Pursuant to Section I 19.0701(2)(a), Florida Statutes. IF THE BIDDER HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
Custodian of Records:
Mailing address:
Telephone number:
Email:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
305-663-6340
N Payne@southmiamifl.gov
2.21. AMERICAN RESCUE PLAN ACT PROVISIONS.
Bidder acknowledges that the Work or Services may be fully or partially funded utilizing Coronavirus State
and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act ("ARPA").
The selected Contractor shall be required to comply with all laws, rules, regulations, policies, and
guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines)
required by ARPA, as further detailed in the ARPA Addendum to this solicitation.
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If compliance with this section is required, the City shall select this box: □.
2.22. GRANT FUNDING.
By submitting a response to this solicitation, Bidders acknowledge that the Work or Services may be fully
or partially funded utilizing funds from the grants listed below (the "Grant"). Accordingly, by submitting a
response to this competitive solicitation, the Bidder warrants and represents that it has reviewed the
terms and conditions for each Grant and will perform the Work or Services in accordance with the terms
and conditions of the Grant(s).
Grant Title Grant Agreement Attachment No.
If the Work or the Services will be funded utilizing Grant funds, the City shall select this
box:□.
END OF SECTION 2
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SECTION 3.
SCOPE OF WORK. SPECIFICATIONS. AND REQUIREMENTS
3.1. GENERAL REQUIREMENTS.
The Work specified in this Invitation to Bid (1TB} consists of furnishing all goods, materials, supplies, and
services necessary to provide a completed project that meets all of the needs described in this Scope of
Services and as otherwise described in this 1TB (the "Work"). The Work is to be performed in accordance
with specifications and the contract documents that are provided to the Contractor by the City herein,
as well as in accordance with those plans, drawings and specifications that are required to be produced
by the Contractor and that are approved by the City. The Work also includes but is not limited to keeping
the Project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable
subcontractors; providing dumpster(s) for cleanup and disposal; disposing of materials; providing all
necessary engineering and architectural plans, drawings and technical specifications; all permits; all
necessary equipment, including rental equipment, machinery, tools, transportation and freight;
coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water);
erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that
the safety measure are in place at the end of each working day; root pruning and sod restoration at
affected areas to the City's satisfaction; cleaning the construction site at the end of each working day;
maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods
and services necessary to perform all of the Work.
Prior to any digging, Contractor must locate all underground utilities and other facilities as well as
contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so
that the utilities can mark the approximate location of all their underground facilities, including power
lines, telephone lines, pipes, and cables on construction site.
In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits
(including tree permits), provide signed and seal footing and foundation specifications for permitting, as
well as all laboratory tests, engineering and architectural specifications, drawings and plans that are
necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor
will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees
are waived for permits required to be issued directly by the City. Permit fees charged by other government
entities, if required, are the responsibility of the Bidder/Contractor; however, in all cases; it is the
responsibility of Bidder/Contractor to secure any and all permits that may be required for this project.
All work is to be completed in accordance with specifications, engineering construction drawings, and in
accordance with the terms and conditions described in Attachments A and B, all federal, state and local
requirements, guidelines and regulations included the Florida Building Code, the City Land Development
Code, all applicable ordinances of Miami-Dade County and the City, and the Americans with Disabilities
Act (ADA). If the Project involves a City park, the Contractor must comply with the City's public
playground safety standards, rules, and guidelines.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through
Friday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances.
3.2. SPECIFIC REQUIREMENTS.
The City is soliciting proposals from highly qualified firms for professional services related to
production/fabrication, assembly, and installation of a new monument display sign as illustrated below and
set forth in greater detail in Attachment B.
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24"
·rii
34 ·
48
24"
All work must be completed within sixty (60) calendar days from the issuance of a purchase order
and building construction permit. Bidders are required to follow all federal, state and local codes as well
as all rule compliance and guidelines with Americans with Disabilities Act (ADA).
3.3. SITE LOCATION.
The Project will be constructed at Marshall Williamson Park, located at 6121 SW 68 Street, South Miami,
FL, 33143.
3.4. DESIGN PLANS & SPECIFICATIONS.
Design plans and specifications for the Project are attached to this solicitation as Attachment B, the
"Marshall Williamson Memorial Freestanding Sign Plans prepared by Easy Seals and dated January I 0, 2023.
3.5. PROIECT DURATION.
After permit{s) have been secured/approved, the Bidder is responsible for completing this project within
sixty (60) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from
the City's Project Manager.
3.6. WARRANTY.
Bidder must include a warranty and/or guarantees of all material and labor that includes:
3.6.1.
3.6.2.
3.6.3.
3.6.4.
3.6.S.
3.6.6.
any conditions; and
guaranteed response time for repair; and
guaranteed replacement during the warranty period; and
life expectancy under normal use; and
Failures during the warranty period must be repaired or replaced to the satisfaction of the
City; and
the term of the warranty.
At a minimum, Bidder/Contractor must warrant their Work to be free of significant defects in
workmanship and materials for a period of one (I) year and if General Conditions are made part of the
43ofl21
contract documents for this project, at a minimum, Bidder/Contractor must warrant their Work in
accordance with the warranty requirements found in the General Conditions to the Contract.
If equipment is being provided, the standard manufacturer's warranty information must be
provided in writing for all equipment being proposed and, if required by the warranty, such equipment
must be installed by an authorized installer before final payment is made. If the manufacturer's warranty
is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City.
3.7. DOCUMENTATION.
A prerequisite to final payment is the execution and delivery to the City of all documents required by any
governmental agency, including the City. Such documentation includes documentation for the conveyance
of any property or facilities that are the subject of this Project.
END OF SECTION 3
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SECTION 4.
BID FORM PACKAGE
As provided in the 1TB, the following items must be attached to this Bid:
FORMS STATUS
Form I -Bid Form Package Acknowledgement ✓
Form 2A Bidder's Certification (if Company or Corporation) ✓
Form 2B. Bidder's Certification (if Partnership) ✓
Form 3. Single Execution Affidavits ✓
Form 4. Dispute Disclosure ✓
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters ✓
Primary Covered Transactions
Form 6. Bidder's Qualifications Survey ✓
Form 7. Bid Form ✓
Form 8. Reference List ✓
ATTACHMENTS
This compet1t1ve solicitation incorporates the following attachments, which should be reviewed
thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation.
The City is attaching the following Attachments:
Attachment A.
Attachment B.
Sample of Contract
Declaration/Affidavit of Representation
Attachment C. Marshall Williamson Memorial Freestanding Sign Plans
prepared by Easy Seals and dated January I 0, 2023
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FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Invitation to Bid, 1TB No. PR2023-
0S. I agree that my Bid will remain firm for a period of 180 days after opened by the City in order to
allow the City adequate time to evaluate the Bid.
I certify that all information contained in this Bid is truthful to the best of my knowledge and belief.
further certify that I am duly authorized to submit this Bid on behalf of the Firm named as the Proposing
Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement.
I further certify, under oath, that this Bid is made without prior understanding, agreement, connection,
discussion, or collusion with any other person, firm or corporation submitting a Bid; no officer, employee
or agent of the City of South Miami or any other Bidder has an interest in said Bid. Furthermore, I certify
that the undersigned executed this Bid Form with full knowledge and understanding of matters therein
contained and was duly authorized.
I further certify that the Bidder acknowledges receipt of all Addenda issued by the City in connection with
the 1TB (Check the box next to each addendum received).
___ Addendum I
___ Addendum 2
Addendum 3 ---
Addendum 4 ---
___ Addendum 5
___ Addendum 6
___ Addendum 7
___ Addendum 8
___ Addendum 9
___ Addendum I 0
Attached hereto are the following forms/documents which form a part of this Bid:
Form I.
Form 2A.
Form 2B.
Form 3.
Form 4.
Form 5.
Form 6.
Form 7.
Form 8.
Form 9.
Form 10.
Bid Form Package Acknowledgement.
Bidder's Certification (if Company or Corporation)
Bidder's Certification (if Partnership)
Single Execution Affidavits
Dispute Disclosure
Certification Regarding Debarment, Suspension, & Other Responsibility Matters
Primary Covered Transactions
Bidder's Qualifications Survey
Bid Form
Reference List
Bid Guaranty/Bid Bond (if applicable)
Payment and Performance Bonds (if applicable)
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FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
NAME OF BIDDER FIRM
SIGNATURE OF BIDDER
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
L_) _______________ _
TELEPHONE NUMBER
State of Florida
County of ______ _
The foregoing instrument was acknowledged before me by means of_ physical presence or _ online
notarization, this __ day of ________ ~ 20 __ , by ____________ _
(name of person) as _______________ (type of authority) for _____ _
___ (name of party on behalf of whom instrument is executed).
___ Personally known to me; or
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification:. ______________ _
___ Did take an oath; or
___ Did not take an oath
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FORM 2A
BIDDER'S CERTIFICATION
(if Company or Corporation)
CERTIFICATE
STATE OF )
) ss
COUNTY OF ___ _
HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation or company existing under the laws of the State of ___________ _
held on __________ , 2023, the following resolution was duly passed and adopted:
(SEAL)
RESOLVED, that, as ______ of the Corporation/Company, be and is hereby authorized
to execute the Bid dated, _____ , 2023 to the City of South Miami for 1TB No. 2023-XX
Marshall Williamson Monument Freestanding Display Project, and that this execution thereof,
attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal
affixed, shall be the official act and deed of this Corporation/Company.
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
corporation/company on this the ______ of _____ ,, 2023.
Secretary
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(if Partnership)
CERTIFICATE
STATE OF ____ _
COUNTY OF
FORM 28
BIDDER'S CERTIFICATION
)
) ss
)
I HEREBY CERTIFY that a meeting of the Partners of ________ _
________________________________ ,a
partnership existing under the laws of the State of ____________ , held on
_________ , 2023, the following resolution was duly passed and adopted:
"RESOLVED, that
~ cl -----------------------------the
Partnership, be and is hereby authorized to execute the Bid dated _______ ,, 2023, to
(SEAL)
the City of South Miami for 1TB No. PR2023-0S Marshall Williamson Monument
Freestanding Display Project from this partnership and that his execution of thereof, attested
by the shall be the official act and deed of this Partnership."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this __ , day of ____ , 2023.
Secretary
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FORMJ
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY
THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR
BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE
BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE
TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED
TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE:
By: _____________________________ _
For (Name of Proposing or Bidding Entity): _________________ _
Whose business address is: _______________________ _
And (if applicable) its Federal Employer Identification Number (FEIN) is: _____ _
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn
statement. SS#: ________________ __,_
Americans with Disabilities Act Compliance Affidavit
The above named firm, corporation or organization is in compliance with and agrees to continue to comply
with, and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining
to employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
• The American with Disabilities Act of 1990 (ADA), Pub. L IO 1-336, I 04 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title Ill, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section
553.501-553.513, Florida Statutes:
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Transit Act, as amended 49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601-3631.
Bidder Initials
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Public Entity Crimes Affidavit
I understand that a "public entity crime" as defined in Paragraph 287.133 ( I )(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
I understand that "convicted" or "conviction" as defined in Paragraph 287.133( I )(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 I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133( I )(a), Florida Statutes, means:
I. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or 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.
I understand that a "person" as defined in Paragraph 287.133( I )(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 applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, and partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
D Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to
July I, 1989.
D 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
I, 1989.
D 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
I, 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
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it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph I above is for that public entity only and that this form is valid through December 31 of the
calendar year in which it is filed. I also understand that I am required to inform the public entity prior to
entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes
for category two of any change in the information contained in this form.
Bidder Initials
No Conflict of Interest or Contingent Fee Affidavit
Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has
paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising
out of this solicitation. Bidder also warrants that neither it nor any principal, employee, agent,
representative nor family member has procured or attempted to procure this contract in violation of any
of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics
ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the
termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be
selected for the performance of this contract.
Bidder Initials
Business Entity Affidavit
Bidder hereby recognizes and certifies that no elected official, board member, or employee of the City of
South Miami (the " City") shall have a financial interest directly or indirectly in this transaction or any
compensation to be paid under or through this transaction, and further, that no City employee, nor any
elected or appointed officer (including City board members) of the City, nor any spouse, parent or child
of such employee or elected or appointed officer of the City, may be a partner, officer, director or
proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer,
or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the
Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total
assets or capital stock of the Bidder. Any exception to these above described restrictions must be
expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder
recognizes that with respect to this transaction or bid, if any Bidder violates or is a party to a violation of
the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as
applicable to City, or the provisions of Chapter 112, part Ill, Fla. Stat., the Code of Ethics for Public
Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which
the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for
goods or services to City.
Bidder Initials
Anti-Collusion Affidavit
I. Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed
respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances
respecting the Bid/Bid;
52 of 121
2. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid; and
3. Neither the Bidder/Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or
agreed, directly or indirectly with any other Bidder/Bidder, firm, or person to submit a collusive or
sham Bid/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder/Bidder, firm, or person to fix the price or prices
in the attached Bid/Bid or of any other Bidder/Bidder, or to fix any overhead, profit, or cost element
of the Bid/Bid price or the Bid/Bid price of any other Bidder/Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person
interested in the proposed Contract.
Bidder Initials
Scrutinized Company Certification
I. Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel
List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may
result from this 1TB at its sole option if the Bidder or its subcontractors are found to have submitted
a false certification; or if the Bidder, or its subcontractors are placed on the Scrutinized Companies
that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
2. If the Agreement that may result from this 1TB is for more than one million dollars, the Bidder certifies
that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135,
F.S., the City may immediately terminate the Agreement that may result from this 1TB at its sole
option if the Bidder, its affiliates, or its subcontractors are found to have submitted a false certification;
or if the Bidder, its affiliates, or its subcontractors are placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria during the term of the Agreement.
3. The Bidder agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under the Agreement that may result from this 1TB. As provided in
Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions
then they shall become inoperative.
Bidder Initials
Drug-Free Workplace Affidavit
Bidder hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with
drug-free workplace programs when two bids/Bid are equal with respect to price, quality, and service.
Bidder understands that in order to qualify as a drug-free workplace, Bidder must:
a) 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 will be taken against employees for violations of such prohibition .
b) Inform employees about the dangers of drug abuse in the workplace, the Bidder's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
53ofl21
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
I) Give each employee engaged in providing commodities or contractual services under the
1TB a copy of the statement specified in subsection (I).
2) Notify employees that, as a condition of working on the commodities or contractual
services under the 1TB, the employee must abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter
893 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) days after such conviction.
3) 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.
4) Make a good faith effort to continue to maintain a drug-free workplace through the
implementation of this section.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
D The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the
requirements set forth under F.S. § 287.087.
D The entity submitting this sworn statement is not a drug-free workplace.
Bidder Initials
City Non-Discrimination Requirements Affidavit
Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will
not enter into or award a contract to an entity engaged in a boycott.
Bidder understands that "Boycott" as defined under Section 3-1.1 of the Code of the City of South Miami
means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or
otherwise refuse to deal with a person or entity when the action is based on race, color, national origin,
religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a
discriminatory manner. The term boycott does not include a decision based upon business or economic
reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or
required by federal law or state law.
Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1. I of the Code
of the City of South Miami .
Bidder Initials
Acknowledement. Warranty, and Acceptance
I. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules
and regulations.
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2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
1TB No. 2023-06 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the City Commission or City Manager, as applicable.
4. Contractor warrants that all information provided by it in connection with this Bid is true and
accurate.
Bidder Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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In the presence of: Signed, sealed and delivered by:
Witness #I Print Name: ______ _ Print Name: ___________ _
Title: ______________ _
Witness #2 Print Name: ______ _
ACKNOWLEDGMENT
State of Florida
County of _______ _
The foregoing instrument was acknowledged before me by means of_ physical presence or_ online
notarization, this __ day of ________ _, 20 __ , by ____________ _
(name of person) as ________________ (type of authority) for _____ _
___ (name of party on behalf of whom instrument is executed).
___ Personally known to me; or
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: _______________ )
___ Did take an oath; or
___ Did not take an oath
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FORM4
DISPUTE DISCLOSURE
Answer the following questions by placing an "X" after "Yes" or "No". If you answer "Yes",
please explain in the space provided, or on a separate sheet attached to this form.
I. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES ____ NO ____ _
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
YES NO ----------
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES ____ NO ___ _
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and
state a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Bid or Bid for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of _______ _
The foregoing instrument was acknowledged before me by means of □ physical presence or □ online
notarization, this ___ day of _________ _, 20 __ , by _____________ _
(name of person) as ________________ (type of authority) for _____ _
___ (name of party on behalf of whom instrument is executed).
___ Personally known to me; or
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification:. _____________ )
___ Did take an oath; or
___ Did not take an oath
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FORMS
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal
Register (pages 19160-19211 ). Copies of the regulations are available from local offices of the U.S. Small
Business Administration .
( I) The prospective primary participant certifies to the best of its knowledge and belief that
it and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph ( I )(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective primary participant shall attach an explanation to this
Statement of Qualifications .
Entity Name: ___________________________ _
Date: ------------By: __________ _
Signature of Authorized Representative
Name and Title of Authorized Representative
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FORM6
BIDDER'S QUALIFICATIONS SURVEY
COMPANY QUALIFICATIONS QUESTIONNAIRE
Please complete this Company Qualifications Questionnaire. By completing this form and submitting a
response to the 1TB, you certify that any and all information contained in the bid is true, that your response
to the 1TB is made without prior understanding, agreement, or connections with any corporation, firm or
person submitting a response to the 1TB for the same materials, supplies, equipment, or services, is in all
respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the
1TB, and certify that you are authorized to sign for the Bidder's firm.
Some responses may require the inclusion of separate attachments. Separate attachments should be as
concise as possible, while including the requested information. In no event should the total page count of
all attachments to this Form exceed five (5) pages. Some information may not be applicable; in such
instances, please insert "N/A".
Firm Name
Principal Business Address
Telephone Number Facsimile Number
Email Address
Federal I.D. No. or Social Security Number
Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
How many years has the firm has been in business under its current name and ownership? __
Please identify the Firm's document number with the Florida Division of Corporations and date the Firm
registered/filed to conduct business in the State of Florida:
Document Number Date Filed
Please identify the Firm's category with the Florida Department of Business Professional Regulation
(DBPR), DBPR license number, and date licensed by DBPR:
Category License No. Date Licensed
Please indicate the type of entity form of the Firm (if other, please describe):
o Individual o Partnership o Corporation o LLC o LLP o Other __________ _
Please identify the Firm's primary business: _____________________ _
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Please identify the number of continuous years your Firm has performed its primary business: _
Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key
Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the
f h h d h I" ·fl name o t e entity t at issue t e 1cense or cert1 1cat1on:
License/Certification Name of Entity Issuing License No. License Issuance Date
Type License or Certification
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm:
License/Certification Name of Entity Issuing License No. License Issuance Date
Type License or Certification
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their
h si~nin~ aut ority:
Authorized Signor's Name Title Signing Authority Threshold
(All, Cost up to $X-Amount, No Cost, Other)
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.}:
Total No. of Employees
Total No. of Managerial/Administrative
Employees
Total No. of Trad es Employees by Trade
INSURANCE INFORMATION
Please provide the following information about the Firm's insurance company:
Insurance Carrier Name Insurance Carrier Contact Person
Insurance Carr ie r Address Telephone No. Email
Has the Firm filed any insurance claims in the last five (5) years? o No o Yes If yes, please identify the
type of claim and the amount paid out under th e claim : _________ _
FIRM OWNERSHIP
Please identi all Fi rm owners or artners, their title, an d ercent of owners ·
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Please identify whether any of the owners/partners identified above are owners/partners in another entity:
□ No o Yes If yes, please identify the name of the owner/partner, the other entity's name, and percent
of ownership held by the stated owner/partner:
Owner/Partner Name Other Entity Name Ownership(%)
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public
entities:
Public Entity Contact Person Telephone No. Email Address Date Awarded
By signing below, Bidder certifies that the information contained herein is complete and accurate to the
best of Bidder's knowledge.
Firm:-------------------------------------
Authorized Signature: ____________ _ Date: _________ _
Print or Type Name: ____________ _ Title: ______ _
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FORM7
BID FORM
Bid prices stated in this Form shall include all costs and expenses for labor, equipment, materials,
contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project will
be based upon completion of the entire project as a Lump Sum contract.
ITEM ITEM EST. QTY NO. DESCRIPTION UNIT TOTAL COST
1-1 Permit LS $
1-2 Mobilization LS $
Monument Display, including
1-3 Plaques & All Structural LS $
Work Necessa
1-4 As-built Plans LF $
TOTAL PROJECT COST: $
DAY OF SUBMITTED THIS
PROPOSAL SUBMITTED BY:
----------20 __ .
Company
Name of Person Authorized to Submit
Proposal
Signature
Title
Telephone Number
Fax Number
Email Address
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FORMS
REFERENCE LIST
IN ADDITION TO THE I NFORMATION REQUIRED ON THIS FORM,
BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #I
Public Entity Name: ________________________ _
Reference Contact Person/Title/Department: ___________________ _
Contact Number & Email _________________________ _
Public Entity Size/Number of Residents/Square Mileage:. ________________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity} _______________________ _
Is the Contract still Active? Yes ___ No ___ _
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REFERENCE #2
Public Entity Name: ___________________________ _
Reference Contact Person/Title/Department: ____________________ _
Contact Number & Email ___________________________ _
Public Entity Size/Number of Residents/Square Mileage: _________________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) _________________________ _
Is the Contract still Active? Yes ___ No ___ _
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REFERENCE #3
Public Entity Name: __________________________ _
Reference Contact Person/Title/Department: ____________________ _
Contact Number & Email ___________________________ _
Public Entity Size/Number of Residents/Square Mileage: _________________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) _________________________ _
Is the Contract still Active? Yes ___ No ___ _
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _______ ~ certify that I am the Secretary of the Corporation named as Principal in the
within Bond; that ________ who signed the said bond on behalf of the Principal, was then _
______ of said Corporation; that I know his/her signature, and his/her signature hereto is genuine;
and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority
of its governing body.
(Affix Corporate Seal)
Corporate Secretary
In the presence of: Signed, sealed and delivered by:
Witness #I Print Name: __________ _ Print Name: _________ _
Title: ______________ _
Witness #2 Print Name: _______ _ Firm: ___________ _
State of Florida
County of _______ _
Before me, a Notary Public, duly commissioned, qualified and acting, appeared ________ _
___ by means of □ physical presence or □ online notarization who being by me first duly sworn
upon oath, says that s/he is the Attorney-in-Fact, for the ____________ and that s/he
has been authorized by ____________ to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of South Miami, Florida
Sworn and subscribed to before me this ___ day of ________ ~ 20 __ .
___ Personally known to me; or
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: _______________ )
___ Did take an oath; or
___ Did not take an oath
(Attach Power of Attorney)
END OF SECTION 4
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ATTACHMENT A
SAMPLE OF CONTRACT
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this ___ day of _
________ , 2023 (the "Effective Date") by and between the CITY OF SOUTH MIAMI,
FLORIDA, a Florida municipal corporation, (the "City"), and [INSERT CONTRACTOR'S NAME], a
[INSERT TYPE OF ENTITY] (the "Contractor").
WHEREAS, the City issued Invitation to Bid No. 2023-XX (the "ITB") for construction of [INSERT
DESCRIPTION] at [LOCATION] (the "Project"), which 1TB is incorporated herein by reference and
made a part hereof as Exhibit "A"; and
WHEREAS, in response to the City's 1TB, the Contractor submitted a bid for the Project ("Bid"),
which Bid is incorporated herein by reference and made a part hereof as Exhibit "B"; and
WHEREAS, Contractor submitted the lowest, responsive and responsible bid in the amount of[$]
in response to the 1TB and was selected and awarded this Contract pursuant to Resolution No. _ for
performance of the Work (as hereinafter defined); and
WHEREAS, Contractor has represented to the City that it possesses the necessary qualifications,
experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the
terms and conditions set forth in this Contract.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the City agree as follows:
I. SCOPE OF WORK
1.1. Scope of Work. Contractor hereby agrees to furnish all of the labor, materials, equipment, services
and incidentals necessary to perform all of the work described in the Contract Documents (the
"Work" or the "Project") including, without limitation as described in the approved plans, drawings
and/or specifications prepared by [INSERT PROJECT CONSUL TANT] (the "Project
Consultant") attached hereto as Exhibit "A" (the "Plans") and any other documents incorporated
herein by reference and made a part of this Contract for the following Project:
[INSERT NAME OF PROJECT]
1.2. Pre-Construction Conference. Within fourteen ( 14) calendar days after this Contract is
executed by both parties, and before any Work has commenced, a pre-construction conference will
be held between the City, the Contractor, and the Project Consultant. The Contractor must submit
its project schedule and schedule of values, if applicable, prior to this conference.
1.3. Project Schedule. Contractor must submit a proposed Project Schedule as follows:
1.3.1. Schedule must identify the schedule for each location comprising the Project. The proposed
Project schedule must be submitted within ten ( I 0) calendar days from the date this Contract is
executed by both parties for the review and approval of the Project Consultant or City as applicable.
This initial schedule shall establish the baseline schedule for the Project.
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1.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a
minimum submitted with each pay application. An updated schedule tracked against the baseline must
also be submitted upon execution of each Change Order that impacts the Contract Time. Failure to
submit such schedules will result in the rejection of any submitted payment application.
1.3.3. All Project Schedules must be prepared in Microsoft Project or approved equal by the City.
At the time of submission of schedules, Contractor must submit a hard copy as well as an electronic
version. Electronic versions must not be submitted in a .pdf format.
1.4. Records.
1.4.1. As-Built Drawings. During the Work, Contractor must maintain records of all deviations
from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Record
Drawings showing correctly and accurately all changes and deviations made during construction to
reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the
As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing
that the As-Built Record Drawings are correct and accurate, including the actual location of all
infrastructure, internal piping, and electrical/signal conduits in or below the concrete floor (indicating
the size, depth, and voltage in each conduit). To record actual construction, Contractor must legibly
mark on-site structures and site Work as follows:
1.4.1.1. Depths of various elements of foundation in relation to finish first floor datum.
1.4.1.2. All underground piping and ductwork with elevations and dimensions and locations of
valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground
utilities and appurtenances referenced to permanent surface improvements. Actual installed pipe
material, class, etc.
1.4.1.3. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning ducts with
locations of dampers, access doors, fans and other items needing periodic maintenance.
1.4.1.4. Field changes in dimensions and details.
1.4.1.5. Changes made by Project Consultant's written instructions or by Change Order.
1.4.1.6. Details not on original Contract Drawings.
1.4.1. 7. Equipment, conduit, electrical panel locations.
1.4.1.8. Project Consultant's schedule changes according to Contractor's records and shop
drawings.
1.4.1.9. Specifications and Addenda: Legibly mark each section to record:
1.4.1.9.1. Manufacturer, trade name, catalog number and Supplier of each product and item
of equipment actually installed.
1.4.1.9.2. Changes made by Project Consultant's written instructions or by Change Order.
1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping,
electrical system and instrumentation system.
1.4.1.10.1. As-built documents must be updated monthly as a condition precedent to
payment. A final survey signed and sealed by a surveyor must be provided to the City at no
additional cost, including digital I (CAD and PDF) versions.
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1.4.1.10.2. For construction of new building, or building additions, field improvements, and
or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed
Registered Land Surveyor.
1.4.2. Record Set. Contractor must maintain in a safe place one record copy and one permit set
of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments,
COs, RFls, and field directives, as well as all written interpretations and clarifications issued by the
Project Consultant, in good order and annotated to show all changes made during construction. The
record documents must be continuously updated by Contractor throughout the prosecution of the
Work to accurately reflect all field changes that are made to adapt the Work to field conditions,
changes resulting from COs and/or field directives as well as all written interpretations and
clarifications, and all concealed and buried installations of piping, conduit and utility services.
Contractor must certify the accuracy of the updated record documents. The record documents must
be clean, and all changes, corrections and dimensions must be given in a neat and legible manner in
red. Upon Final Completion and as a condition precedent to Contractor's entitlement to final
payment, the Record Set must be delivered to the Project Consultant by the Contractor. The Record
Set of Drawing must be submitted in both hard copy and as electronic plot files.
1.4.3. Construction Photographs. Prior to commencement of the Work the Contractor must
take digital photographs and color audio-video recording to document existing conditions and submit
copies in an acceptable format to the City. Contractor must submit with each application for payment
photographs that accurately reflect the progress of all aspects of the Work. The number of
photographs to be taken will be based on the magnitude of the Work being performed. Contractor
must submit one copy of each photograph in print and digitally. The photographs must be printed on
8" X IO" high resolution glossy commercial grade and weight color photographic print paper or in a
format acceptable to the City. Each photograph must be imprinted on its face with the title of the
Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg
format and will be submitted through a file-sharing site (such as Dropbox) or on a CD-ROM or flash
drive clearly identifying the name of the Project, the name of the Contractor, and the timeframe in
which the pictures were taken. Initial set up prints will be submitted in a three-ring binder with each
picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in clear plastic
sleeves that can be added to the binder. The three-ring binder must be of such size to be able to hold
all print pictures.
I .S. Staging Site.
1.5.1. The Contractor is solely responsible for making all arrangements for any staging site(s) that
may be necessary for the performance of the Work and the Contractor is responsible for all site
security, including any fencing of the site, and any loss, damage or theft to its equipment and materials.
Any fencing of the Staging Site is subject to the prior written approval of the City.
1.5.2. The City at its sole discretion may make a staging site available for use by the Contractor. If
such site is made available by the City, the City assumes no responsibility or liability for the equipment
or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or
theft to its equipment and materials. The Contractor must restore the site to its pre-existing
condition prior to the Contractor's use of the site.
1.5.3. The Contractor may be required to provide or may choose to use an office trailer for the
duration of the Project. The Contractor must have the prior written approval of the City as to the
use of any office trailer and the placement location for the office trailer. The Contractor must obtain
all required permits from the appropriate regulatory agencies.
1.5.4. No parking is permitted at a City provided staging site without the prior written approval of
the City.
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1.6. Purchase and Delivery, Storage and Installation. All materials must be F.O.B. delivered and
included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading
and installation of all equipment and material(s). Contractor must make all arrangement for delivery.
Contractor is liable for replacing any damaged equipment or material(s) and filing any and all claims with
suppliers. All transportation must comply with all federal, state (including FDOT), Miami-Dade County, and
local laws, rules and regulations. No materials will be stored on-site without the prior written approval of
the City.
I • 7. Approval of Subcontractors. For any scope of work that the Contractor will utilize a
subcontractor, the Contractor may only retain or utilize the services of the particular subcontractor with
the prior written approval of the City Manager, which approval may be granted or withheld in the City
Manager's sole and absolute discretion. The Contractor shall provide at least fourteen (14) days notice to
the City Manager and the Project Consultant of its intent to retain or utilize a subcontractor.
1.8. Project Signage. Contractor must furnish and install two (2) Project signs at the Project Site in
accordance with the requirements provided by the Project Consultant or the City as applicable.
2. CONTRACT TIME
2.1. Contractor shall be instructed to commence the Work by written instructions in the form of a Notice
to Proceed providing a commencement date and issued by the City Manager or designee. The Notice to
Proceed will not be issued until Contractor's submission to City of all required documents and after
execution of this Contract.
2.2. Time is of the essence throughout this Contract. The Contractor shall prosecute the Work with
faithfulness and diligence and the Work shall be substantially completed within [INSERT
SUBSTANTIAL COMPLETION TIME] calendar days from the date specified in the Notice
to Proceed ("Contract Time"). Substantial Completion shall be defined for this purpose as the date
on which City receives beneficial use of the Project. The Work shall be fully completed in
accordance with the Contract Documents within [INSERT FINAL COMPLETION TIME]
calendar days from the date specified in the Notice to Proceed ("Final Completion Time").
The Final Completion date is defined as the date determined by the City when all Work, including punch
list items, has been completed in accordance with the Contract Documents and Contractor has delivered
to City all documentation required herein.
2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within
the Contract Time, Contractor shall pay to City the sum of [INSERT SUBSTANTIAL
COMPLETION LIQUIDATED DAMAGES] for each calendar day after the expiration of the
Contract Time that the Contractor fails to achieve Substantial Completion up until the date that the
Contractor achieves Substantial Completion. Upon failure of Contractor to fully complete the Work and
achieve Final Completion within the Final Completion Time, Contractor shall pay to City the sum of
[INSERT FINAL COMPLETION LIQUIDATED DAMAGES] for each calendar day after
expiration of the Final Completion Time that the Contractor fails to achieve Final Completion up until the
date that the Contractor achieves Final Completion. These amounts are not penalties but are liquidated
damages payable by Contractor to City for the failure to provide full beneficial occupancy and use of the
Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby
acknowledge the difficulty of determining the amount of damages that will be sustained by City as a
consequence of Contractor's delay and failure of Contractor to complete the Work on time. The above-
stated liquidated damages shall apply separately to each phase of the Project for which a time for completion
is given.
2.4. City is authorized to deduct the liquidated damages from monies due to Contractor for the Work
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under this Contract. In case the liquidated damage amount due to City by Contractor exceeds monies due
Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City
the amount of said excess.
3. CONTRACT PRICE AND PAYMENT PROCEDURES
3.1. Guaranteed Maximum Price. The City shall pay the Contractor an amount not to exceed
$ ______________ for the performance of the Work in accordance with the line items
and unit prices included in Exhibit "B" (the "Contract Price"). The Contract Price shall be full compensation
for all services, labor, materials, equipment, and costs, including overhead and profit, associated with
completion of all the Work in full conformity with the Contract Documents and adjusted only by written
change orders signed by both parties and approved as required by local law. The Contract Price shall include
all applicable sales taxes as required by law.
3.2. Schedule of Values. The Contractor must submit two copies of schedule of values within ten ( I 0)
calendar days from the date this Contract is executed by both parties. The schedule of values shall
indicate a complete breakdown of labor and material of all categories of Work on the Project.
Contractor's overhead and profit must be listed as separate line items. Each line item must be identified
with the number and title of the major specification section or major components of the items. The
Project Consultant or City as applicable may require further breakdown after review of the Contractor's
submittal. The City reserves the right to require such information from the Contractor as may be
necessary to determine the accuracy of the schedule of values. The combined total value for mobilization
under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Schedule
of Values must be incorporated into the Contractor's payment application form. The Contractor
guarantees that each individual line item contained in the schedule of values submitted as part of a
competitive solicitation shall not be increased without written approval by the City Manager.
3.3. Payment Application Procedures. City shall make progress payments, deducting the amount
from the Contract Price above on the basis of Contractor's Applications for Payment on or before
twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the City shall be
within twenty (20) days after receipt of the Pay Application. Any rejection shall specify the applicable
deficiency and necessary corrective action. Any undisputed portion shall be paid as specified above. All
such payments will be made in accordance with the Schedule of Values established in the Contract
Documents or, in the event there is no Schedule of Values, as otherwise provided in the Contract
Documents. In the event the Contract Documents do not provide a Schedule of Values or other
payment schedule, Applications for Payment shall be submitted monthly by Contractor on or before
the I 0th of each month for the prior month to the Project Consultant. Progress payments shall be made
in an amount equal to the percentage of Work completed as determined by the City or City's Project
Consultant, but, in each case, less the aggregate of payments previously made and less such amounts as
City shall determine or City may withhold taking into account the aggregate of payments made and the
percentage of Project completion in accordance with the Contract Documents and Schedule of Values,
if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or
Pay Application (the "Retainage") shall be retained by City until final completion and acceptance of the
Work by City. In the event there is a dispute between Contractor and City concerning a Pay Application,
dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the
disputed Payment Application. The City shall reach a conclusion within 15 days thereafter and promptly
notify Contractor of the outcome, including payment, if applicable.
3.4. Progress Payment Applications. Each progress payment application submitted to the City
must include:
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3.4.1. A sworn and certified progress payment affidavit indicating that all laborers, material
suppliers, and subcontractors dealing with the Contractor were paid in full as it relates to all
Work performed up to the time of the request for payment;
3.4.2. Partial conditional releases or waivers of lien by the Contractor, material suppliers,
subcontractors, and any lienors serving a Notice to the City and evidence of proof of payment of
any indebtedness incurred with respect to the Work of the Contractor as may be required by
the City;
3.4.3. Evidence that all Work was fully performed as required by the Contract Documents up to
the time of the request for payment and that the Work was inspected and accepted by the City
and any other governmental authorities required to inspect the Work; and
3.4.4. An updated Project schedule, including a two-week look-ahead schedule, as approved in
writing by the City Manager.
3.4.5. All Buy-Out Savings, including supporting documentation relating to the calculation of the
Buy-Out Savings.
3.5. Final Payment. Upon Final Completion of the Work by Contractor in accordance with the
Contract Documents and acceptance by the City, and upon receipt of consent by any surety, City shall
pay the remainder of the Contract Price (including Retainage) as recommended by the City's Project
Consultant and Building Official. Final payment is contingent upon receipt by City from Contractor of:
3.5.1. An affidavit that payrolls, bills for materials, equipment, and other indebtedness were paid
in full as it relates to all Work performed under this Contract;
3.5.2. A certificate evidencing that insurance required by the Contract Documents shall remain
in effect after final payment is made;
3.5.3. A written statement that the Contractor knows of no reason that the insurance will not
be renewable to cover the period required by the Contract Documents;
3.5.4. Documentation of any special warranties, including, but not limited to, any manufactures'
warranties or specific subcontractor warranties;
3.5.5. Evidence that all Punch List items have been fully completed to the satisfaction of the City;
3.5.6. All previously undelivered manufacturer and subcontractor guarantees, warranties, and
manuals and documents required by the Contract Documents;
3 .5. 7. Final releases of lien, waivers of claim, satisfactions of liens or claims, and such other affidavits
as may be reasonably required by the City to assure a lien-free and claim-free completion of the
Work;
3.5.8. Evidence that the Contractor has fully cleaned and restored the site, including removal of all
rubbish and debris;
3.5.9. At least one complete set of as-built plans, reflecting an accurate depiction of Contractor's
Work;
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3.5.10 .. Such other documents necessary to show that the Contractor has complied with all
other requirements of the Contract Documents; and
3.5.1 I. Cost Savings, including supporting documentation used to calculate the Cost Savings.
3.6. Payment Withholding. The City may withhold any payment, including a final payment, for
application to such extent as may be necessary, as determined by the City's Project Consultant, to protect
the City from loss for which the Contractor is responsible in the event that:
3.6.1. The Contractor performs defective Work and such Work has not been corrected, provided
that the amount withheld shall be limited to the amount sufficient to cover such defective Work;
3.6.2. A third-party files a claim or lien in connection with the Work or this Contract;
3.6.3. The Contractor fails to make payments properly to subcontractors or suppliers for labor,
materials, or equipment which has been paid by the City, provided that the amount withheld shall be
limited to the amount sufficient to cover such payments to subcontractors or suppliers for labor,
materials, or equipment;
3.6.4. The City has reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum;
3.6.5. The Contractor, its employees, subcontractors, or agents have damaged the City;
3.6.6. The City has reasonable evidence that the Work will not be completed within the Contract
Time and that the unpaid balance would not be adequate to cover liquidated damages for the
anticipated delay;
3.6.7. The Contractor has failed to progress the Work satisfactorily and/or according to the
Contract Schedule;
3.6.8. The Contractor has failed to carry out the Work in accordance with the Contract
Documents;
3.6.9. The Contractor has failed to provide requisite releases of lien for each payment application
in accordance with the Contract Documents; and/or
3.6.10. Any other failure to perform a material obligation contained in the Contract Documents.
3.7. No Waiver of City Rights. The payment of any Application for Payment by the City, including
the final request for payment, does not constitute approval or acceptance by the City of any item of the
Work reflected in such Application for Payment, nor shall it be construed as a waiver of any of the City
's rights hereunder or at law or in equity.
3.8. Payment to Sub-Contractors; Certification of Payment to Subcontractors. The term
"subcontractor," as used herein, includes persons or firms furnishing labor, materials or equipment
incorporated into or to be incorporated into the Work or Project. The Contractor is required to pay all
subcontractors for satisfactory performance of their contracts as a condition precedent to payment to
Contractor by the City. The Contractor shall also return all retainage withheld to the subcontractors within
30 days after the subcontractor's work is satisfactorily complete and accepted by the City.
3.9. Cost Savings and Value Engineering.
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3.9.1. Cost Savings. In the event the Contractor rebids or renegotiates with any subcontractor
to reduce subcontractor costs for the performance of the Work, then the difference between (i) the
sum of the subcontractor costs used to establish the Contract Price, as set forth in the Schedule of
Values, and (ii) the sum of the revised subcontractor costs, including any early payment or similar
discounts (the "Cost Savings"), shall revert to the City. The Contract Price shall be adjusted in
accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised
to reflect the new Contract Price.
3.9.2. Value Engineering. Contractor shall participate in Value Engineering the Contract
Documents with the City and the Architect with the goal of finding acceptable means for reducing
the cost of the Work. Upon acceptance by the City of recommendation for Value Engineering, the
Contract Documents shall be modified to reflect such changes. All savings in connection with Value
Engineering of the Work shall revert to City.
4. CONTRACT DOCUMENTS
4.1. The Contract Documents, which comprise the entire agreement between the City and the
Contractor concerning the Work, consist of this Contract for Construction (including any change orders
and amendments thereto), the Plans and Specifications attached hereto as Exhibit "A" (the "Plans and
Technical Specifications"), the 1TB and any Bidding Documents or procurement documents for the Project,
the Contractor's Bid for the Project (including the Schedule of Bid Items-Pricing) attached hereto as Exhibit
"B", the Bonds (defined herein), Insurance Certificates, the Notice of Award, and the Notice to Proceed,
all of which are deemed incorporated into and made a part of this Contract by this reference and govern
this Project.
4.2. This Contract incorporates and includes all prior negot1at1ons, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings concerning the subject matter of these Contract
Documents that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or written.
4.3. The Contract Documents shall remain the property of the City. The Contractor shall have the right
to keep one record set of the Contract Documents upon completion of the Project; however in no
circumstances shall the Contractor use, or permit to be used, any or all of such Contract Documents on
other projects without the City's prior written authorization.
4.4. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base
Agreement." In the event of a conflict between the terms of this Base Agreement and any exhibits or
attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved
in the following order of priorities and the more stringent criteria for performance of the Work shall
apply:
4.4.1. First Priority: Change Orders with later date taking precedence;
4.4.2. Second Priority: This Base Agreement;
4.4.3. Third Priority: Exhibit "A," the Plans and Technical Specifications;
4.4.4. Fourth Priority: Exhibit "B," the Bid; and
4.4.5. Fifth Priority: Contract Documents, excluding this Base Agreement and Exhibits listed in
this Section.
5. INDEMNIFICATION
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5.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless
the City, its officers, agents, consultants, and employees, from and against any and all demands,
claims, losses, expenses, suits, liabilities, causes of action, judgment or damages, including but not
limited to legal fees and costs and through appeal, arising out of, related to, resulting from, or in any
way connected with Contractor's negligence, recklessness, or intentional misconduct in the
Contractor's performance or non-performance of this Contract, Contractor's obligations, or the
Work related to the Contract, including but not limited to by reason of any damage to property,
or bodily injury or death incurred or sustained by any person, or to injury to or destruction of
tangible property or any other property (other than the Work itself) including the loss of use
resulting therefrom, caused in whole or in part by any willful, wanton, or negligent, or grossly
negligent acts or omissions of Contractor, any subcontractor, any person or organization directly
or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder or arises by or is imposed by applicable law and regardless of the negligence
of any such party .. Additionally, the Contractor shall defend, indemnify, and hold the City harmless
from all losses, injuries or damages and wages or overtime compensation due its employees in
rendering services pursuant to this Contract, including payment of reasonable attorneys' fees and
costs in the defense of any claim made under the Fair Labor Standards Act, Title VII of the Civil
Rights Act of I 964, the Age Discrimination in Employment Act, the Americans with Disabilities Act
or any other employment related litigation or worker's compensation claims under federal, state,
or local law.
5.2. The provisions of this section shall survive termination of this Contract.
6. INSURANCE AND BONDS
6.1. Insurance.
6.1.1. Contractor shall secure and maintain throughout the duration of this Contract insurance
of such types and in such amounts not less than those specified below as satisfactory to the City,
naming the City as an Additional Insured, underwritten by a firm rated A-X or better by Bests
Rating and qualified to do business in the State of Florida. Certificates of Insurance shall be
provided to the City, reflecting the City as an Additional Insured, no later than ten ( I 0) days after
award of this Contract and prior to the execution of this Contract by City and prior to
commencing any Work. Each certificate shall include no less than (30) thirty-day advance written
notice to City prior to cancellation, termination, or material alteration of said policies or
insurance. The insurance coverage shall be primary insurance with respect to the City, its officials,
employees, agents and volunteers naming the City as additional insured. Any insurance maintained
by the City shall be in excess of the Contractor's insurance and shall not contribute to the
Contractor's insurance. The insurance coverages shall include at a minimum the amounts set forth
in this Section 6.1.
6.1.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This
Liability Insurance shall also include Completed Operations and Product Liability coverages and
eliminate the exclusion with respect to property under the care, custody and control of
Contractor. The General Aggregate Liability limit (except for Products/Completed Operations)
shall be in the amount of $2,000,000.
6.1.1.2. Workers Compensation and Employer's Liability insurance, to apply for all employees
for statutory limits as required by applicable State and Federal laws. The policy(ies) must
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include Employer's Liability with minimum limits of $1,000,000.00 each accident. No
employee, subcontractor or agent of the Contractor shall be allowed to provide Services
pursuant to this Agreement who is not covered by Worker's Compensation insurance. In
order for this requirement to be waived, Contractor must provide proof of exemption from
such laws. Information regarding el igibility for an exemption from the State of Florida
Workers' Compensation Law is available at:
http s://www.m yfl oridacfo.com/Division/wc/PublicationsFormsManualsRe ports/Brochures/Ke
y-Coverage-and-Eli gibility.pdf.
Exemptions may be applied for online through the Florida Department of Financial Services,
Division of Workers' Compensation at:
http s://www.m yfl oridacfo.com/Division/wc/Em p lo yer/Exem ptions/default.htm.
6.1.1.3. Business Automobile Liability with minimum limits of $1,000,000 per Occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on
a form no more restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and must include
Owned, Hired, and Non-Owned Vehicles.
6.1.1.4. Builder's Risk property insurance upon the entire Work to the full replacement cost
value thereof. This insurance shall include the interest of City and Contractor and shall
provide All-Risk coverage against loss by physical damage including, but not limited to, Fire,
Extended Coverage, Theft, Vandalism and Malicious Mischief. If Builder's Risk insurance is not
required for this Project, the City shall select this box: D.
6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any portion of the
Work damaged, destroyed, lost or stolen until Final Completion has been achieved for the
Project, and all such Work shall be fully restored by the Contractor, at its sole cost and
expense, in accordance with the Contract Documents.
6.1.2. Certificate of Insurance. On or before the Effective Date of this Contract, the
Contractor shall provide the City with Certificates of Insurance for all required policies . The
Contractor shall be responsible for assuring that the insurance certificates required by this Section
remain in full force and effect for the duration of this Contract, including any extensions or
renewals that may be granted by the City. The Certificates of Insurance shall not only name the
types of policy(ies) provided, but also shall refer specifically to this Contract and shall state that
such insurance is as required by this Contract. The City reserves the right to inspect and return
a certified copy of such pol icies, upon written request by the City. If a policy is due to expire prior
to the completion of the Work, renewal Certificates of Insurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed
with a provision that not less than thirty (30) calendar days' written notice shall be provided to
the City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s)
is subject to approval of the City.
6.1.2.1. Additional Insured. The City is to be specifically included as an Additional
Insured for the liability of the City resulting from Work performed by or on behalf of the
Contractor in performance of this Contract. The Contractor's insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any other
insurance maintained by the City shall be in excess of and shall not contribute to the
Contractor's insurance. The Contractor's insurance shall contain a severability of interest
provis ion providing that, except with respect to the total limits of liability, the insurance shall
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apply to each Insured or Additional Insured (for applicable policies) in the same manner as if
separate policies had been issued to each.
6.1.2.2. Deductibles. All deductibles or self-insured retentions must be declared to and
be reasonably approved by the City. The Contractor shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
6.1.3. The provisions of this section shall survive termination of this Contract.
6.2. Bonds. Prior to performing any portion of the Work the Contractor shall deliver to City the
Bonds required to be provided by Contractor hereunder (the bonds referenced in this Section are
collectively referred to herein as the "Bonds"). Pursuant to and in accordance with Section 255.05,
Florida Statutes, the Contractor shall obtain and thereafter at all times during the performance of the
Work maintain a separate performance bond and labor and material payment bond for the Work, each
in an amount equal to one hundred percent ( I 00%) of the Contract Price and each in the form provided
in the Contract Documents or in other form satisfactory to and approved in writing by City and
executed by a surety of recognized standing with a rating of B plus or better for bonds up to Two Million
Dollars. The surety providing such Bonds must be licensed, authorized and admitted to do business in
the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The
cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting
the Scope of the Work, the Contract Price, Contract Time or any of the provisions of the Contract
Documents is required by the provisions of any bond to be given to a surety, the giving of any such
notice shall be Contractor's sole responsibility, and the amount of each applicable bond shall be adjusted
accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida
is terminated or it ceases to meet applicable law or regulations, the Contractor shall, within five (5) days
of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be
satisfactory to City. As authorized by Section 255.05( I )(a), Florida Statutes, if this Project is exempt
from posting of a payment and performance bond, the City shall select this box: IZI.
7. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
7.1. In order to induce the City to enter into this Contract, the Contractor makes the following
representations and warranties:
7. I. I. Contractor represents the following:
7 .1.1.1. Contractor has examined and carefully studied the Contract Documents and the
other data identified in the bidding documents, including, without limitation, the "technical
data" and plans and specifications and the Plans.
7 .1.1.2. Contractor has visited the Project site and become familiar with and is satisfied as to
the general and local conditions and site conditions that may affect cost, progress,
performance or furnishing of the Work.
7.1.1.3. Contractor is familiar with and is satisfied as to all federal, state and local laws,
regulations and permits that may affect cost, progress, performance and furnishing of the
Work. Contractor agrees that it will at all times comply with all requirements of the foregoing
laws, regulations and permits.
7.1.1.4. Contractor has made, or caused to be made, examinations, investigations, tests
and/or studies as necessary to determine surface and subsurface conditions at or on the site.
Contractor acknowledges that the City does not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with
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respect to underground or ground facilities at, contiguous or near the site or for existing
improvements at or near the site. Contractor has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface, subsurface
and underground facilities and improvements) at, contiguous or near to the site or otherwise
which may affect cost, progress, performance or furnishing of the Work or which relate to
any aspect of the means, methods, techniques, sequences and procedures of construction to
be employed by Contractor and safety precautions and programs incident thereto.
Contractor does not consider that any additional examinations, investigations, explorations,
tests, studies or data are necessary for the performance and 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.
7.1.1.5. Contractor is aware of the general nature of Work to be performed by the City and
others at the site that relates to the Work as indicated in the Contract Documents.
7 .1.1.6. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data
with the Contract Documents.
7. I. I. 7. Contractor has given City written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to Contactor, and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications
and skills to perform the Work and that the Work shall be executed in a good and
workmanlike manner, free from defects, and that all materials shall be new and approved by
or acceptable to City, except as otherwise expressly provided for in the Contract Documents.
The Contractor shall cause all materials and other parts of the Work to be readily available
as and when required or needed for or in connection with the construction, furnishing and
equipping of the Project.
7 .2. No recovery for changed market conditions.
7 .2.1. In entering into the Contract, Contractor represents and warrants that it has accounted
for any and all inflation-related events, recession, labor or material shortages, supply chain
disruptions, delivery lead time, or price increases that may be caused by local and or national
conditions, whether known or unknown at the time of entering into the Contract (the "Market
Conditions"). Contractor further specifically represents and warrants that it has considered all
impacts and potential impacts, including any current and future supply chain disruptions and labor
shortages, associated with the following events: (I) worldwide pandemics including, but not limited
to, COVID-19 and Monkey Pox {the "Pandemics") and (2) the current military conflict involving
Russia and the Ukraine {the "Ukraine Military Conflict"). Contractor also represents and warrants
that in determining time requirements for procurement, installation, and construction completion,
Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the
Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and
Contract Sum.
7 .2.2. Contractor shall not seek any price increases or time extensions relating to or arising from
the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict.
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7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the
Contract Time in connection with any failure by the Contractor to comply with the requirements
of this Section.
7.3. Contractor warrants the following:
7 .3.1. Anti-Discrimination. Contractor agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit or service under
this Contract because of race, color, religion, sex, national origin, or physical or mental handicap
where the handicap does not affect the ability of an individual to perform in a position of
employment, and agrees to abide by all federal and state laws regarding non-discrimination.
7.3.2. Anti-Kickback. Contractor warrants that no person has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, and that no employee or officer of the City has any interest,
financially or otherwise, in the Project. For breach or violation of this warranty, the City shall have
the right to annul this Contract without liability or, in its discretion, to deduct from the Contract
Price or consideration, the full amount of such commission, percentage, brokerage or contingent
fee.
7.3.3. Licensing. Contractor represents that it is a properly qualified and licensed contractor in
good standing within the jurisdiction within which the Project is located. Contractor warrants
that it shall have, prior to commencement of Work under this Contract and at all times during
said Work, all required licenses from the federal, state, Miami-Dade County, City, or other
governmental or regulatory entity. Contractor acknowledges that it is the obligation of
Contractor to obtain all licenses required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
licenses.
7 .3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under
this Contract and at all times during said Work, all required permits from the federal, state, Miami-
Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that
are necessary to perform the Work. Contractor acknowledges that it is the obligation of
Contractor to obtain all permits required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
permits. City building permit fees may be waived for this Project. If permits are required by any
other governing body or agency, the Contractor shall be obligated to pay the fees.
7 .4. Defective Work: Warranty and Guarantee.
7.4.1. City shall have the authority to reject or disapprove Work which the City finds to be
defective. If required by the City, Contractor shall promptly either correct all defective Work or
remove such defective Work and replace it with non-defective Work. Contractor shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing laboratories
and personnel.
7 .4.2. Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within the time
indicated in writing by the City or its designee, City shall have the authority to cause the defective
Work to be removed or corrected, or make such repairs as may be necessary at Contractor's
expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of failure of
Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default.
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7 .4.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment
furnished and Work performed for a period of three (3) years from the date of Substantial
Completion. If, within three (3) years after the date of substantial completion, any of the Work is
found to be defective or not in accordance with the Contract Documents, Contractor, after receipt
of written notice from City, shall promptly correct such defective or nonconforming Work within
the time specified by City without cost to City. Should the manufacturer of any materials and
equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty
to the City prior to Final Completion. Nothing contained herein shall be construed to establish a
period of limitation with respect to any other obligation which Contractor might have under the
Contract Documents including but not limited to any claim regarding latent defects. Contractor shall
provide and assign to City all material and equipment warranties upon completion of the Work
hereunder.
7 .4.4. Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered.
8. DEFAULT. TERMINATION. AND SUSPENSION; REMEDIES
8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work
with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the
Work within the Contract Time or Final Completion Time as specified in Section 2, or shall perform the
Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution
of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term
set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or
commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or
from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon
seven (7) days after sending Contractor a written Notice of Termination, terminate the services of
Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work,
appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable,
and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not
be entitled to receive any further payment until the Project is completed. All damages, costs and charges
incurred by City, together with the costs of completing the Project, shall be deducted from any monies due
or which may become due to Contractor. In case the damages and expenses so incurred by City shall
exceed monies due Contractor from City, Contractor shall be liable and shall pay to City the amount of
said excess promptly upon demand therefore by City. In the event it is adjudicated that City was not entitled
to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed
terminated by City for convenience as described below.
8.2. Termination for Convenience. This Contract may be terminated by the City for convenience
upon seven (7) calendar days' written notice to the Contractor. In the event of such a termination, the
Contractor shall incur no further obligations in connection with the Project and shall, to the extent
possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated
for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly
submit to the City its Application for Payment for final payment which shall comply with the provisions
of the Contract Documents.
8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon
seven (7) calendar days' written notice to the Contractor or immediately if suspended in connection
with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to
additional Contract Time as a non-compensable, excusable delay.
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8.4. Termination Due to Lack of Funding. This Contract is subject to the conditions precedent that:
(i) City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price;
(ii) the City secures and obtains any necessary proceeds, grants, and/or loans for the accomplishment of
the Work and/or the Project pursuant to any borrowing legislation adopted by the City Council relative to
the Project; and (iii) City Council enacts legislation which awards and authorizes the execution of this
Contract if such is required.
8.5. No Damages for Delay. No claim for damages or any claim, other than for an extension of time
shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an increase
in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to, costs of acceleration or
inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled
only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay.
8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of
which shall be the subject of any Change Order or Claim and none of which shall be compensated for
except as they may have been included in the Contractor's Contract Price as provided in the Contract
Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business
opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid,
inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare,
negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential
costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted
Work.
8.7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation.
8.8. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder and in accordance with this Contract shall be in addition to
and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by
law.
9. CHANGES IN THE WORK
9. I • Change Orders.
9. I . I • Without invalidating the Contract Documents, and without notice to any Surety, the City
reserves the right to make increases, decreases or other changes in the character or quantity of the
Work under the Contract Documents as may be considered necessary or desirable to complete the
Work in a manner satisfactory to the City. The City reserves the right to order changes, which may
result in additions to or reductions from the amount, type or value of the Work shown in the
Contract, and which are within the general scope of the Contract Documents, and all such changes
will be authorized only by a change order ("CO") approved in advance, and issued in accordance with
provisions of the Contract Documents.
9 .1.2. For Contractor initiated change orders, the Contractor is required to provide the Project
Consultant with a detailed Request for Change Order ("RCO") in a form approved by the City,
which must include the requested revisions to the Contract, including, but not limited to, adjustments
in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting
documentation to demonstrate the reasonableness of the RCO. The City may require Contractor
to provide additional data including, but not limited to, a cost breakdown of material costs, labor
costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable,
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the RCO must include any schedule revisions accompanied by an explanation of the cost impact of
the proposed change. Failure to include schedule revisions in an RCO will be deemed as the
Contractor's acknowledgement that the changes included in an RCO will not affect the project
schedule.
9.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price, must be
effectuated through a written CO executed by both parties and, if required by the City Code of
Ordinances, approved by the City Council.
9.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given
that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to
proceed on a time and materials basis or make such arrangements as may be deemed necessary to
complete the proposed additional Work at the unit prices provided in the Contract Documents.
Where the City directs the Contractor to proceed on a time and materials basis, the City shall
impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all
labor and material costs including but not limited to payroll records and material receipts. Contractor
must demonstrate its costs with sufficient evidence to be entitled to compensation from the City.
9.2. Continuing the Work. Contractor must continue to perform all Work under the Contract
Documents during all disputes or disagreements with City, including disputes or disagreements concerning
an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements.
I 0. MISCELLANEOUS
I 0.1. No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part
without the written consent of the other, nor shall Contractor assign any monies due or to become due
to it hereunder, without the previous written consent of the City Manager.
I 0.2. Contractor's Responsibility for Damages and Accidents.
I 0.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of any
nature sustained until final acceptance by City and shall promptly repair any damage done from any
cause.
I 0.2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the
Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or
destroyed prior to final acceptance by City, Contractor shall replace same without cost to City.
I 0.3. Governing Law. This Contract shall be construed in accordance with and governed by the laws
of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in
Miami-Dade County, Florida.
I 0.4. Waiver of lury Trial. CITY AND CONTRACTOR KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY
JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION,
PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR
CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE
CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY.
I 0.5. Prevailing Party; Attorneys' Fees. In the event of any controversy, claim, dispute or litigation
between the parties arising from or relating to this Contract (including, but not limited to, the
enforcement of any indemnity provisions), the prevailing party shall be entitled to recover from the non-
prevailing party all reasonable costs, expenses, paralegals' fees, experts' fees and attorneys' fees including,
but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the
prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated
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with discovery, processing, management, hosting, and production of electronically stored information
(ESI).
I 0.6. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in
particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this
Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed
to be incorporated herein.
I 0. 7. Examination and Retention of Contractor's Records.
I 0.7.1. The City or any of its duly authorized representatives shall, for five (5) years after final
payment under this Contract, have access to and the right to examine any of the Contractor's books,
ledgers, documents, papers, or other records involving transactions related to this Contract for the
purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees
to comply specifically with the provisions of Section 119.070 I, Florida Statutes.
I 0. 7 .2. The Contractor agrees to include in any subcontractor contracts for this Project
corresponding provisions for the benefit of City providing for retention and audit of records.
I 0.7.3. The right to access and examination of records stated herein and in any subcontracts shall
survive termination or expiration of this Contract and continue until disposition of any mediation,
claims, litigation or appeals related to this Project.
I 0. 7 .4. The City may cancel and terminate this Contract immediately for refusal by the Contractor
to allow access by the City Manager or designees to any Records pertaining to work performed
under this Contact that are subject to the provisions of Chapter I 19, Florida Statutes.
I 0.8. Authorized Representative.
I 0.8.1. Before commencing the Work, Contractor shall designate a skilled and competent
authorized supervisor and representative ("Authorized Representative") acceptable to City to
represent and act for Contractor and shall inform City, in writing, of the name and address of
such representative together with a clear definition of the scope of his authority to represent and
act for Contractor. Contractor shall keep City informed of any subsequent changes in the
foregoing. Such representative shall be present or duly represented at the Project site at all times
when Work is actually in progress. All notices, determinations, instructions and other
communications given to the authorized representatives of Contractor shall be binding upon the
Contractor.
I 0.8.2. The Authorized Representative, project managers, superintendents and supervisors for
the Project are all subject to prior and continuous approval of the City. If, at any time during the
term of this Contract, any of the personnel either functionally or nominally performing any of the
positions named above, are, for any reasonable cause whatsoever, unacceptable to the City,
Contractor shall replace the unacceptable personnel with personnel acceptable to the City.
10.9. Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may
be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof
shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all
payroll deductions required by law. Contractor herein indemnifies and holds the City harmless from
any liability on account of any and all such taxes, levies, duties and assessments.
I 0.1 0. Utilities. Contractor shall, at its expense, arrange for, develop and maintain all utilities at the
Project to perform the Work and meet the requirements of this Contract. Such utilities shall be
furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor
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shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the
requirements of this Contract.
I 0.11. Safety. Contractor shall be fully and solely responsible for safety and conducting all operations
under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and
damage to property and in full compliance with Occupational Safety and Health Act requirements and
all other similar applicable safety laws or codes. Contractor shall continually and diligently inspect all
Work, materials and equipment to discover any conditions which might involve such risks and shall be
solely responsible for discovery and correction of any such conditions. Contractor shall have sole
responsibility for implementing its safety program. City shall not be responsible for supervising the
implementation of Contractor's safety program, and shall not have responsibility for the safety of
Contractor's or its subcontractor's employees. Contractor shall maintain all portions of the Project site
and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors
performing Work comply with the foregoing safety requirements.
I 0.12. Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean
and safe condition. Upon completion of any portion of the Work, Contractor shall promptly remove all
of its equipment, construction materials, temporary structures and surplus materials not to be used at
or near the same location during later stages of Work. Upon completion of the Work and before final
payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials
and other equipment and materials belonging to it or used in the performance of the Work and
Contractor shall leave the Project in a neat, clean and safe condition. In the event of Contractor's failure
to comply with the foregoing, the same may be accomplished by City at Contractor's expense.
I 0.13. Liens. Contractor shall not permit any mechanic's, laborer's or materialmen's lien to be filed against
the Project site or any part thereof by reason of any Work, labor, services or materials supplied or claimed
to have been supplied to the Project. In the event such a lien is found or claimed against the Project,
Contractor shall within ten ( I 0) days after notice of the lien discharge the lien or liens and cause a
satisfaction of such lien to be recorded in the public records of Miami-Dade County, Florida, or cause
such lien to be transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court
of Miami-Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event
Contractor fails to so discharge or bond the lien or liens within such period as required above, City
shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally,
City shall thereafter have the right, but not the obligation, to retain out of any payment then due or to
become due Contractor, one hundred fifty percent ( 150%) of the amount of the lien and to pay City's
reasonable attorneys' fees and costs incurred in connection therewith.
I 0.14. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes,
and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including
execution of any required affidavit.
I 0.15. Independent Contractor. The Contractor is an independent contractor under the Contract.
This Contract does not create any partnership nor joint venture. Services provided by the Contractor shall
be by employees of the Contractor and subject to supervision by the Contractor, and not as officers,
employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures, applicable to services
rendered under the Contract shall be those of the Contractor.
I 0.16. Notices/Authorized Representatives. Any notices required by this Contract shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered
or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed
to the parties (or their successors) at the addresses listed on the signature page of this Contract or
such other address as the party may have designated by proper notice.
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10.17. Ownership and Access to Records and Audits.
I 0.17. I • Contractor acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and all similar
or related information (whether patentable or not) which relate to Services to the City which are
conceived, developed or made by Contractor during the term of this Contract ("Work Product")
belong to the City. Contractor shall promptly disclose such Work Product to the City and
perform all actions reasonably requested by the City (whether during or after the term of this
Contract) to establish and confirm such ownership (including, without limitation, assignments,
powers of attorney and other instruments).
I 0.17.2. Contractor agrees to keep and maintain public records in Contractor's possession or
control in connection with Contractor's performance under this Contract. The City Manager or
her designee shall, during the term of this Contract and for a period of five (5) years from the
date of termination of this Contract, have access to and the right to examine and audit any records
of the Contractor involving transactions related to this Contract. Contractor additionally agrees
to comply specifically with the provisions of Section 119.070 I, Florida Statutes. Contractor shall
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of the
Contract, and following completion of the Contract until the records are transferred to the City.
I 0.17 .3. Upon request from the City's custodian of public records, Contractor shall provide the
City with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law.
I 0.17 .4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Contract are and shall remain the property of the City.
I 0.17.5. Upon completion of this Contract or in the event of termination by either party, any
and all public records relating to the Contract in the possession of the Contractor shall be
delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Contractor shall be delivered to the City in a format
that is compatible with the City's information technology systems. Once the public records have
been delivered upon completion or termination of this Contract, the Contractor shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
I 0.17 .6. Any compensation due to Contractor shall be withheld until all records are received as
provided herein.
I 0.17. 7. Contractor's failure or refusal to comply with the provisions of this section shall result
in the immediate termination of this Contract by the City.
I 0.17 .8. Notice Pursuant to Section I 19.070 I (2)(a). Florida Statutes. IF THE
BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
Custodian of Records:
Mailing address:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
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Telephone number: 305-663-6340
Email: N Payne@southmiamifl.gov
I 0.18. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires
all contractors doing business with the City to register with and use the E-Verify system to verify
the work authorization status of all newly hired employees. The City will not enter into a contract
unless each party to the contract registers with and uses the E-Verify system. The contracting entity
must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the
contracting entity's participation/enrollment in E-Verify, please v1s1t: https://www.e-
verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into
this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes;
will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including
but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required
affidavit attached hereto and incorporated herein.
11. SPECIAL CONDITIONS
The following provisions in this Section IO supersede any other provisions contained in this Contract only
to the extent of any conflict with same. These provisions are particular to a given transaction and are
transaction specific:
I 1.1. Unsatisfactory Personnel.
I 1.1.1. Contractor must at all times enforce strict discipline and good order among its employees
and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or
anyone not skilled in the Work to which they are assigned.
I 1.1.2. The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Subcontractor
engaged by the Contractor to provide and perform services or Work pursuant to the requirements
of the Contract Documents. The Contractor must respond to the City within five (5) calendar days
of receipt of such request with either the removal and replacement of such personnel or written
justification as to why that may not occur. The City will make the final determination as to the
removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any
of such individual(s) does not require the termination or demotion of said individual(s).
I 1.2. Hours of Work. Contractor shall conform to and obey all applicable laws, regulations, or ordinances
with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall
conduct its operations so as not to interfere with or close any thoroughfare, without the written consent
of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in
accordance with the requirements and limitations of applicable law including, without limitation, the City
Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above
without the prior written approval of the City.
I 1.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law,
or requested by the City to protect the public health, safety, and welfare, a Maintenance of T raffle ("MOT")
must be performed in accordance with the applicable FOOT Index Numbers (600 Series) and as further
stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department
of Transportation, FHWA), must be followed in the design, application, installation, maintenance and
removal of all traffic control devices, warning devices and barriers necessary to protect the public and
workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and
protected at all times. Prior to commencement of the Work, Contractor must provide the City with a
86 of 121
proposed MOT plan for review. The City may require revisions to the proposed MOT plan. The MOT plan
must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the
issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays
resulting from its failure to provide the required MOT plan.
11.4. Royalties and Patents. All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner
be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract
for said Work.
11.S. Substitutions. Substitution of any specified material or equipment requires the prior written
acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient
information and documentation to the Project Consultant to allow for a thorough review and determination
on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the
Contractor's responsibility to meet the requirements of the Contract Documents. The City may require
an adjustment in price based on any proposed substitution.
I 1.6. Severe Weather Preparedness. During such periods of time as are designated by the United
States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch
or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work
in response to all threatened storm events, regardless of whether the Contractor has been given notice of
same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather
event or alert precautions will not constitute additional work. Suspension of the Work caused by a
threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle
the Contractor to additional Contract Time as non-compensable, excusable delay.
11.7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the
Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds
allocated to the City pursuant to the American Rescue Plan Act ("ARPA"). Towards that end, the
Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including
any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as
further detailed in the ARPA Contract Conditions. If compliance with the ARPA Addendum is required,
the City shall select this box: □.
I 1.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded
utilizing funds from the grants listed below (each a "Grant"). Accordingly, the Contractor warrants and
represents that it has reviewed the terms and conditions for each Grant and will perform the Work in
accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds,
the City shall select this box: □.
Grant Title Grant Agreement Exhibit
If the Work will be funded utilizing Grant funds, the City shall select this box:□.
11.9. DBE Contract Assurance.
11.9.1. The City affirms it has encouraged women-owned, minority-owned, and disadvantaged
businesses of the Project and be responsive to the opportunity of the award of this Contract.
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I I • 9 .2. Contractor, or any subcontractor performing Work under this Contract, shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.
Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and
administration of this Contract. Failure by the Contractor to carry out these requirements is a
material breach of this Contract, which may result in the termination of this Contract or such
other remedy as the City deems appropriate.
I 1.10. Scrutinized Companies.
I 1.10.1. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies
that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this
Agreement at its sole option if the Contractor or its subcontractors are found to have submitted
a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the
Agreement.
I 1.10.2. If this Agreement is for more than one million dollars, the Contractor certifies that it
and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section
287.135, F.S., the City may immediately terminate this Agreement at its sole option if the
Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or
if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or engaged with business operations in Cuba or Syria during the term of the
Agreement.
I 1.10.3. The Contractor agrees to observe the above requirements for applicable subcontracts
entered into for the performance of work under this Agreement.
I 1.10.4. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-
stated contracting prohibitions then they shall become inoperative.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year as first stated above.
CITY OF SOUTH MIAMI
By: ____________ _
Genaro "Chip" Iglesias
City Manager
Attest:
By: ____________ _
Nkenga "Nikki" Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By: ____________ _
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro "Chip" Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov ( email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
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CONTRACTOR
By: ____________ _
Name: _____________ _
Title: ______________ _
Entity: _____________ _
Addresses for Notice:
___________ (telephone)
___________ (email)
With a copy to:
___________ (telephone)
___________ (email)
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with
the City to register with and use the E-Verify system to verify the work authorization status of all newly
hired employees. The City will not enter into a contract unless each party to the contract registers with
and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes
and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E-
Verify affidavits from subcontractors.
□ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #I Print Name: ________ _ Print Name: ____________ _
Title: ______________ _
Witness #2 Print Name: ________ _ Entity Name: ____________ _
ACKNOWLEDGMENT
State of Florida
County of _______ _
The foregoing instrument was acknowledged before me by means of □ physical presence or □ online
notarization, this ___ day of _________ , 20 __ , by _____________ _
(name of person) as ________________ (type of authority) for _____ _
___ (name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as Commissioned)
___ Personally known to me; or
___ Produced identification {Type of Identification: _____________ .)
___ Did take an oath; or
___ Did not take an oath
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NOTICE TO PROCEED
Dated: ________ _. 20 __
To:
Project Name: ____________________________ _
You are hereby notified that the Contract Times under the above Contract will commence to run on
______ ,, 2023. By that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 2 of the Contract, the dates of Substantial Completion and
completion and readiness for final payment are--------~ 2023 and
_________ , 2023, __ / __ days respectively.
Before you may start any Work at the site, Article 6 provides that you must deliver to the City( __ _
check here if applicable, with copies to ______ and other identified additional insureds)
Certificates of Insurance in accordance with the Contract Documents.
In addition, before you may start any Work at the site, you must: (add any additional requirements)
CITY OF SOUTH MIAMI
By: ____________ _
Genaro "Chip" Iglesias
City Manager
ACCEPTANCE OF NOTICE TO PROCEED
[INSERT NAME OF CONTRACTOR].
By: ____________ _
Name: ______________ _
Title: ______________ _
Date: ______________ _
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ATTACHMENT B
DECLARATION/AFFIDAVIT OF REPRESENTATION
This Affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review, or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The Affidavit must be
filed by with the City Clerk's office at the time the a bid or proposal is submitted to the City. For the
purpose of this solicitation only, the members listed for the presentation team, with the exception of any
person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No
person may appear before any committee on behalf of an anyone unless he or she has been listed as part
of the firm's presentation team pursuant to this Affidavit or unless he or she is registered with the City
Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to Section 92.525(2), Florida Statutes, the undersigned,
following declaration under penalties of perjury:
________ , makes the
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents.
NAME TITLE
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in
it are true and specifically, that the persons listed above are the members of the presentation team of the
entity listed below.
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ATTACHMENT C
Marshall Williamson Memorial Freestanding Sign Plans
Prepared by Easy Seals and dated lanuary IO. 2023
93ofl21
24"
36 "
Fieldstone Faux Wall Panels-Interlock -Faux Stone Panels (textureplus.com}
94 of 121
48''
ProjectMemorial Monument Sign
Faux bride attached to structure
w/oonstruction adhesi~ counter
sink sheet metal screws
#10 sheet metal screws _
1.Sx.125 aluminum sq/tubing
Aluminum Plaque
attached to the sign -
by 3/16" aturr studs
4· scheduled 40
steel pipe bolted down
to aluminum strudure -----Hlr-+-----
MIN ~· sCH 40~c ,on~.._,1,.-11. IL..'----+--+-----' _.lfl
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95 of 121
£).,,,,,,_ --. -. -' -' ' -' -. -. -• . -., , , , , '
Seals
easyseals.com
DESIGN CALCULATIONS
FOR
CITY OF SOUTH MIAMI
MARSHALL WILLIAMSON MEMORIAL
FREESTANDING SIGN
6125 SW 68th St -Miami
GENERAL NOTES:
1. Design is in accordance with the Florida Building Code 7th Edition (2020)
for use within and outside the High Velocity Hurricane Zone {HVHZ).
2. Wind loads have been calculated per the requirements of ASCE 7-16 as
shown herein, except where noted otherwise.
3. These engineering calculations pertain only to the structural integrity of
those systems, components, and/or other construction explicitly
specified herein and/or in accompanying engineering drawings. The
existing host structure (if any) is assumed to be in good condition,
capable of supporting the loaded system, subject to building department
approval. No warranty, either expressed or implied, is contained herein.
4. System components shall be as noted herein. All references to named
components and installation shall conform to manufacturer's or industry
specifications as summarized herein.
5. Where site conditions deviate from those noted herein, revisions may be
required or a separate site-specific engineering evaluation performed .
6. Aluminum components in contact with steel or embedded in concrete
shall be protected as prescribed in the 2015 Aluminum Design Manual,
Part 1-A. Steel components in contact with, but not encased in, concrete
shall be coated, painted, or otherwise protected against corrosion.
7. Engineer seal affixed hereto validates structural design as shown only.
Use of this specification by contractor, et. Al, indemnifies and saves
harmless this engineer for all costs & damages including legal fees &
apellate fees resulting from deviation from this design .
1200 N Federal Hwy, #200
Boca Raton, FL 33432 Easy&uiJ s .com
Index:
Pg 1 Cover
Pg 2 Wind Loads
Pg 3 Footing Design
Pg 4 Primary Support(s)
Engineer's signature ahd seal valid
for pages l through 4 .. /v.-
: *: -: --0. ---=-1=!··.
No. 6/382
*
Jan 10 2023
Christian Langley PE# 67382
Easy Seals Cert Auth # 31124
Page 1
Seals CALCULATIONS FOR FREESTANDING SIGNS
easyseals.com
ASCE 7-16 Design Wind Loads
FREESTANDING SOLID SIGNS AND WALLS (AT GRADE)
Building Specs
V = 175 mph Basic wind speed (Vult)
Exposure C
Calculations
a= 9.5
Zg = 900'
3-sec gust speed power law exponent
Nominal ht. of atmos. boundary layer
G = 0.85
175 m~h -Ex~ "C"
Signs at grade
W/H t Rat io :S 0.5
DESIGN
SIGN WIND ~
II
HEIGHT PRESSURES r v
15 ft ± 44.7 psf 0 8'i
18 ft ± 46.5 psf 0 88
20 ft ± 47.5 psf 0 90
30 ft ± 51.7 psf 0 98
35 ft ± 53.5 psf 1 J~
40 ft ± 55.0 psf 1 84
45 ft ± 56.4 psf 1 07
50ft ± 57.6 psf 1 09
55 ft ± 58.8 psf 1 12
60 ft ± 59.9 psf 114
70 ft ± 61.8 psf 117
80 ft ± 63.6 psf 1 21
90ft ± 65.2 psf 1 2<!
100 ft ± 66.7 psf 1 27
110ft ± 68.0 psf 129
120 ft ± 69.3 psf .I. 32
130 ft ± 70.5 psf .l 34
140 ft ± 71.6 psf l ;f
150 ft ± 72.6 psf l !8
175 ft ± 75.0 psf L -42
200 ft ± 77.1 psf l )F-
250 ft ± 80.9 psf L 'j
Risk Category 1 Structure
ASD Load Combo Coeff: 0 .6
ql
33.9
35.3
36 .1
39.3
40 .6
41.7
42 .8
43.7
44.6
45.4
46 .9
48.3
49 .5
50 .6
51.6
52.6
53.5
54.3
55 .1
56 .9
58 .6
61.4
Kd =
Kzt =
Ke=
0 .85 Directionality factor
1.0 Topographic factor
1.0 Ground elevation factor
Cf= 1.55 Force Coefficient
... Width/ Height ratio ?: 0.5
97 of 121 Page 2
Seals CALCULATIONS FOR FREESTANDING SIGNS
easyseals.com
Footing Design for Freestanding Signs
Structure Dimensions & Loading
Design wind pressure: P= 44 .7 psf
Overturning Safety Factor: O= 1.5
Sign area 1: Al= 12 .0 sq ft
Height of applied force above grade: hl = 2.0 ft
Sign area 2: A2 = 0.0 sq ft
Height of applied force above grade: h2 = 0 .0 ft
... FBC 1807.2 .3
... tributary area 1 for each footer (e.g. sign)
... height of area 1 centroid
tributary area 2 for each footer (e.g. post)
... height of area 2 centroid
Overturning Moment: Mn= P*(Al *hl+A2*h2)
Round Footing Diameter:
Footing depth :
Superstructure weight :
Soil cover weight :
Footing weight :
Total weight:
Soil Strength ... FBC Tables 1806.2, 1819.6
Soil class:
Lateral bearing strength:
Vertical bearing strength:
B=
d=
Dr=
Ds =
Df=
D=
Mn = 1.1 kip-ft
1.5
3.75
200
0
994
1194
ft
ft
lb
lb
lb
lb
Soil cover: ds =
= 100pcf*n *B"2/4*ds
... = 150pcf*n*B"2/4*d
... = Dr+ Ds + Df
4. Sand, silty sand, silty gravel
Plat= 150 psf/ft
Pbrg = 2000 psf
0
Check Lateral Soil Bearing Pressures (Empirical Method) ... FBC Sect 1807.3.2.1
Unconstrained (No rigid floor or pavement at ground surface)
Allowable lateral soil bearing pressure at 1/3 depth :
S1 = 2*Plat * (d+ds)/3
S1 = 375 psf
Total applied lateral load : Ptot = 0.54 kips
Equiv ht of applied load : heq = 2.00 ft
As= 2.34*Ptot/(S1 *B)
As= 2.2 ft
dreq = As/2 * ( 1 + v(1+4 .36*heq/As) I
dreq = 3 .59 ft dreq < d
98 of 121
ft
OK
Page 3
Seals CALCULATIONS FOR FREESTANDING SIGNS
~u om
Hollow Structural Pip e in Bending
Allowable Stress Design per 2016 AISC Spec for Structural Steel Buildings
Material Properties
Yield Stress, A53 Grd B Steel : Fy = 35 ksi Safety Factor = 1.67 Per Section 83.4
Modulus of Elasticity: E = 29000 ksi
End Supports : Cantilever
Member Properties ANSI 4" Schedule 40 steel pipe
Nominal size : 4" diam -Sch 40
Outside Diameter
Wall Thickness
d=
t=
4.5
0.237
Design wind pressure:
Sign area :
in
in
Moment of Inertia:
Section Modulus:
Deflection Limit:
P = 44 .7 psf
Al = 12 .0 sq ft
Ix=
S=
Defl =
7.2
3.21
L/ 60
• 4 m
. 3 m
tributary area for each post (e.g. sign+post)
Eccentricity of applied force : el= 2 .0 ft ... distance to area centroid (weighted avg hl,h2)
(1): Yielding Limit State
Mn= Fy*S Allowable Moment: Mallow= Mn/ 1.67
Mn= 112.5 kip-in Mallow= 67.4 kip-in
Check Member Bending
Moment in member: Mmax = P*Al *el
Mmax = 12.9 kip-in Mmax < Mallow ... OK
Check Member Deflection:
Allowable Deflection : 6allow = 0.40 in l/ 60
Deflection in member: 6max = P*(A*e"3) / (3*E*I)
6max = 0 .01 in 6max < 6allow ... OK
99 of 121 Page 4
END OF DOCUMENT
100 of 121
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Genaro “Chip” Iglesias, City Manager
DATE: May 2, 2023
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR A MARSHALL WILLIAMSON
MONUMENT DISPLAY AT MARSHALL WILLIAMSON PARK.
RECOMMENDATION:Staff recommendawarding a contract to the lowest and most responsive firm,
Neon Sign Solutions, Inc. to complete the Marshall Williamson Monument
Display at Marshall Williamson Park, a project at the request of Commissioner
Corey.
BACKGROUND:This purpose of this project is to acknowledge, to promote awareness, and to
educate visitors about Mr. Marshall Williamson. Supported on a concrete
foundation, the proposed monument display is made of aluminum, covered
with durock cement board then topped with a faux or simulated stone finish
as illustrated below. The durock cement board is a strong, water-durable tile
base, preventing spinout and crumbling. The monument display features two
(2) plaques; the larger plaque details a synopsis of Mr. Williamson, and the
smaller plaque recognizes the members of the City Commission. The overall
display is 4’ ft. height x 3’ ft. width. The display was presented by
Commissioner Corey at the MLK Breakfast Celebration event on Monday,
January 16, 2023.
Through the Procurement Division, the City’s Parks and Recreation
Department issued an Invitation to Bid (“ITB”) numbered PR2023-05 on
March 27, 2023, for a Marshall Williamson Monument Display at Marshall
2
THE CITY OF PLEASANT LIVING
~ 'lalll
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Williamson Park. The City received bid proposals from four (4) firms as
outlined below.
Bidder(s)Total Project Cost
Neon Sign Solutions, Inc.$8,900
i2 Visual, Inc.$24,504.68
Kenco Signs & Awning, LLC $29,200
Excla Specialty Contractor Solutions, LLC $64,794.73
City staff has worked with Neon Sign Solutions multiple times in the past and
had a positive experience during each job. Staff determined the noticeable
variation in bids was primarily due to mobilization costs, of which Neon, as a
local vendor was able to avoid.
VENDOR &EXPENSE:Neon Sign Solutions, Inc.
Proposal/contract amount shall not to exceed $8,900. A $1,000 contingency
will be added to the contract amount for any unforeseen construction-related
activity.
FUND ACCOUNT:Capital Improvement account number 301-1790-519-6450, which has a
current fund balance of $927,516.
ATTACHMENTS:Resolution
Neon Sign Solutions, Inc. Bidding Documents
Monument Display Plans
Final Invitation to Bid Packet
Demand Star
Sun Biz Report
Advertisement
3
THE CITY OF PLEASANT LIVING
6
SECTION 4.
BID FORM PACKAGE
As provided in the 1TB, the following items must be attached to this Bid:
FORMS STATUS
Form I -Bid Form Package Acknowledgement ✓
Form 2A. Bidder's Certification (if Company or Corporation) ✓
Form 2B. Bidder's Certification (if Partnership) ✓
Form 3. Single Execution Affidavits ✓
Form 4. Dispute Disclosure ✓
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters ✓
Primary Covered Transactions
Form 6. Bidder's Qualifications Survey ✓
Form 7. Bid Form ✓
Form 8. Reference List ✓
ATTACHMENTS
This competitive solicitation incorporates the following attachments, which should be reviewed
thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation.
The City is attaching the following Attachments:
Attachment A.
Attachment B.
Sample of Contract
Declaration/Affidavit of Representation
Attachment C. Marshall Williamson Memorial Freestanding Sign Plans
prepared by Easy Seals and dated January IO, 2023
20 of 75
Neon Sign Solutions, Inc.
Jorge Idarraga, President
631 West 27th St
Hialeah, Fl 33010
305 885-7400
Miami- Dade
x
x
29 March 23 Jorge Idarraga
President Neon Sign Solutions
7
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
(_) ________________ _
TELEPHONE NUMBER
State of Florida
County of ______ _
The foregoing instrument was acknowledged before me by means of_ physical presence or_ online
notarization, this __ day of ________ _, 20 __ , by ___ ____,""------+-------
(name of person) as e f
___ (name of party on behalf of whom instrument is
N
Co
___ Personally known to me; or
___ Produced identification (Type of Identification: _______________ ,)
___ Did take an oath; or
___ Did not take an oath
22 of 75
Florida
Neon Sign Solutions
Miami-Dade
Florida
President
29 March
29 March
03/27
8
FORM 2A
BIDDER'S CERTIFICATION
(if Company or Corporation)
CERTIFICATE
STATE OF )
) ss
COUNTY OF ) -----
HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation or company existing under the laws of the State of ___________ _
held on __________ , 2023, the following resolution was duly passed and adopted:
(SEAL)
RESOLVED, that, as ______ of the Corporation/Company, be and is hereby authorized
to execute the Bid dated, _____ , 2023 to the City of South Miami for 1TB No. 2023-XX
Marshall Williamson Monument Freestanding Display Project, and that this execution thereof,
attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal
affixed, shall be the official act and deed of this Corporation/Company.
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my official seal of
corporation/company on this the ______ of _____ .1
23 of 75
9
(if Partnership)
CERTIFICATE
STATE OF ____ _
COUNTY OF
FORM 2B
BIDDER'S CERTIFICATION
)
) ss
)
I HEREBY CERTIFY that a meeting of the Partners of ________ _
________________________________ _, a
partnership existing under the laws of the State of ___________ _, held on
---------~ 2023, the following resolution was duly passed and adopted:
"RESOLVED, that
as of -----------------------------the
Partnership, be and is hereby authorized to execute the Bid dated ______ _, 2023, to
(SEAL)
the City of South Miami for 1TB No. PR2023-05 Marshall Williamson Monument
Freestanding Display Project from this partnership and that his execution of thereof, attested
by the shall be the official act and deed of this Partnership."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this -~ day of ____ , 2023.
Secretary
24 of 75
Jorge Idarraga
Neon Sign Solutions
Neon Sign Solutions
65-1002696
JI
10
FORM3
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY
THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR
BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE
BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE
TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED
TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE:
By: ____________________________ _
For (Name of Proposing or Bidding Entity): _________________ _
Whose business address is : _______________________ _
And (if applicable) its Federal Employer Identification Number (FEIN) is: _____ _
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn
statement. SS#: ________________ --+
Americans with Disabilities Act Compliance Affidavit
The above named firm, corporation or organization is in compliance with and agrees to continue to comply
with , and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining
to employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
• The American with Disabilities Act of 1990 (ADA), Pub. L. IO 1-336, I 04 Stat 327, 42 USC
1210 I 12213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title Ill, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section
553.501-553 .513, Florida Statutes:
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Transit Act, as amended 49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601-3631.
Bidder Initials
25 of 75
11
Public Entity Crimes Affidavit
I understand that a "public entity crime" as defined in Paragraph 287.133( I )(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
I understand that "convicted" or "conviction" as defined in Paragraph 287.133( I )(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 I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133( I )(a), Florida Statutes, means:
I. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or 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.
I understand that a "person" as defined in Paragraph 287.133( I )(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 applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, and partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to
July 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
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
I, 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
26 of 75
JI
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2. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid; and
3. Neither the Bidder/Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or
agreed, directly or indirectly with any other Bidder/Bidder, firm, or person to submit a collusive or
sham Bid/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder/Bidder, firm, or person to fix the price or prices
in the attached Bid/Bid or of any other Bidder/Bidder, or to fix any overhead, profit, or cost element
of the Bid/Bid price or the Bid/Bid price of any other Bidder/Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person
interested in the proposed Contract.
Bidder Initials
Scrutinized Company Certification
I. Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel
List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may
result from this 1TB at its sole option if the Bidder or its subcontractors are found to have submitted
a false certification; or if the Bidder, or its subcontractors are placed on the Scrutinized Companies
that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
2. If the Agreement that may result from this 1TB is for more than one million dollars, the Bidder certifies
that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135,
F.S., the City may immediately terminate the Agreement that may result from this 1TB at its sole
option if the Bidder, its affiliates, or its subcontractors are found to have submitted a false certification;
or if the Bidder, its affiliates, or its subcontractors are placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria during the term of the Agreement.
3. The Bidder agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under the Agreement that may result from this 1TB. As provided in
Subsection 287.135(8), F.S., iffederal law ceases to authorize the above-stated contracting prohibitions
then they shall become inoperative.
Bidder Initials
Drug-Free Workplace Affidavit
Bidder hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with
drug-free workplace programs when two bids/Bid are equal with respect to price, quality, and service.
Bidder understands that in order to qualify as a drug-free workplace, Bidder must:
a) 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 will be taken against employees for violations of such prohibition.
b) Inform employees about the dangers of drug abuse in the workplace, the Bidder's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
28 of 75
JI
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13
it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph I above is for that public entity only and that this form is valid through December 31 of the
calendar year in which it is filed. I also understand that I am required to inform the public entity prior to
entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes
for category two of any change in the information contained in this form.
Bidder Initials
No Conflict of Interest or Contingent Fee Affidavit
Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has
paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising
out of this solicitation. Bidder also warrants that neither it nor any principal, employee, agent,
representative nor family member has procured or attempted to procure this contract in violation of any
of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics
ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the
termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be
selected for the performance of this contract.
Bidder Initials
Business Entity Affidavit
Bidder hereby recognizes and certifies that no elected official, board member, or employee of the City of
South Miami (the " City") shall have a financial interest directly or indirectly in this transaction or any
compensation to be paid under or through this transaction, and further, that no City employee, nor any
elected or appointed officer (including City board members) of the City, nor any spouse, parent or child
of such employee or elected or appointed officer of the City, may be a partner, officer, director or
proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer,
or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the
Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total
assets or capital stock of the Bidder. Any exception to these above described restrictions must be
expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder
recognizes that with respect to this transaction or bid, if any Bidder violates or is a party to a violation of
the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-1 1.1, as
applicable to City, or the provisions of Chapter I 12, part Ill, Fla. Stat., the Code of Ethics for Public
Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which
the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for
goods or services to City.
Bidder Initials
Anti-Collusion Affidavit
I. Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed
respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances
respecting the Bid/Bid;
27 of 75
JI
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14
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations .
I) Give each employee engaged in providing commodities or contractual services under the
1TB a copy of the statement specified in subsection (I).
2) Notify employees that, as a condition of working on the commodities or contractual
services under the 1TB, the employee must abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter
893 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) days after such conviction .
3) 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.
4) Make a good faith effort to continue to maintain a drug-free workplace through the
implementation of this section .
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the
requirements set forth under F.S. § 287.087.
The entity submitting this sworn statement is not a drug-free workplace.
Bidder Initials
City Non-Discrimination Requirements Affidavit
Bidder understands that pursuant to Section 3-1 .1 of the Code of the City of South Miami, the City will
not enter into or award a contract to an entity engaged in a boycott.
Bidder understands that "Boycott" as defined under Section 3-1.1 of the Code of the City of South Miami
means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or
otherwise refuse to deal with a person or entity when the action is based on race, color, national origin,
religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a
discriminatory manner. The term boycott does not include a decision based upon business or economic
reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or
required by federal law or state law.
Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1 .1 of the Code
of the City of South Miami.
Bidder Initials
Acknowledgment. Warranty. and Acceptance
I. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules
and regulations.
29 of 75
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15
2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
1TB No. 2023-06 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the City Commission or City Manager, as applicable.
4. Contractor warrants that all information provided by it in connection with this Bid is true and
accurate.
Bidder Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
30 of 75
Jorge Idarraga
President
Jorge Idarraga
President Neon Sign Solutions
Sergio Idarraga
Liessel Ferrer
Miami Dade
x
x
29 March 23
16
Witness #2 Print Name: _______ _
ACKNOWLEDGMENT
State of Florida
County of _______ _
The foregoing instrument was acknowledged before me by means of_ physical pre
notarization, this ___ day of ________ __, 20 __ , by ____ ___.,,.'-------~---+--+--~-J---
(name of person) as _______________ (type of auth rity) fo
___ (name of party on behalf of whom instrument is ex
___ Personally known to me ; or
Notary P
Commissioned)
___ Produced identification (Type of Identification : _______________ ,)
___ Did take an oath ; or
___ Did not take an oath
31 of 75
x
x
x
Miami Dade
x
29 March 23 Jorge Idarraga
President Neon Sign Solutions
x
17
FORM4
DISPUTE DISCLOSURE
Answer the following questions by placing an "X" after "Yes" or "No". If you answer "Yes",
please explain in the space provided, or on a separate sheet attached to this form.
I. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES NO ----- -----
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
YES _____ NO ____ _
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES _____ NO ____ _
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and
state a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Bid or Bid for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of ______ _
The foregoing instrument was acknowledged before me by means of □ physical presence or □ online
notarization, this ___ day of ________ ~ 20 __ , by ________ ~--+-----
(name of person) as _______________ (type of authority) t
___ (name of party on behalf of whom instrument is executed).
___ Personally known to me; or
___ Produced identification (Type of Identification: _____________ )
___ Did take an oath; or
___ Did not take an oath
32 of 75
Neon Sign Solutions
3/29/2023
Jorge Idarraga-President
18
FORMS
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 13 CFR Part 145 . The regulations were published as Part VII of the May 26, 1988 Federal
Register (pages 19160-1921 I). Copies of the regulations are available from local offices of the U.S. Small
Business Administration.
Date:
(I) The prospective primary participant certifies to the best of its knowledge and belief that
it and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph ( I )(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective primary participant shall attach an explanation to this
Statement of Qualifications .
------------
Name and Title of Authorized Representative
33 of 75
Neon Sign Solutions, Inc.
631 West 27th St Hialeah, Fl 33010
305-885-7400
info@neonsignsolutions.com
65-1002696
23
x
Specialty Electrical Contractor Es12001789 07/22/2022
P00000042731 4/27/2000
Manufacture and Install Signs
5224431
19
FORM6
BIDDER'S QUALIFICATIONS SURVEY
COMPANY QUALIFICATIONS QUESTIONNAIRE
Please complete this Company Qualifications Questionnaire. By completing this form and submitting a
response to the 1TB, you certify that any and all information contained in the bid is true, that your response
to the 1TB is made without prior understanding, agreement, or connections with any corporation, firm or
person submitting a response to the 1TB for the same materials, supplies, equipment, or services, is in all
respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the
1TB, and certify that you are authorized to sign for the Bidder's firm.
Some responses may require the inclusion of separate attachments. Separate attachments should be as
concise as possible, while including the requested information. In no event should the total page count of
all attachments to this Form exceed five (5) pages . Some information may not be applicable ; in such
instances, please insert "N/A".
Firm Name
Principal Business Address
Telephone Number Facsimile Number
Email Address
Federal I.D . No. or Social Security Number
Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
How many years has the firm has been in business under its current name and ownership? __
Please identify the Firm's document number with the Florida Division of Corporations and date the Firm
registered/filed to conduct business in the State of Florida:
Document Number Date Filed
Please identify the Firm's category with the Florida Department of Business Professional Regulation
(DBPR), DBPR license number, and date licensed by DBPR:
Category License No. Date Licensed
Please indicate the type of entity form of the Firm (if other, please describe):
□ Individual □ Partnership □ Corporation □ LLC □ LLP □ Other __________ _
Please identify the Firm's primary business: _____________________ _
34 of 75
x
Jorge Idarraga President 100
Jorge Idarraga President All
5
2
3
Specialty Electrical Contractor Es12001789 07/22/2022Department of Business
and Professional
Regulation
All Insurance Services Joana Fernandez
1548 W 37 St. 305-822-4472 jfernandez@aisrv.com
20
Please identify the number of continuous years your Firm has performed its primary business: _
Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key
Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the
name of the entity that issued the license or certification:
License/Certification Name of Entity Issuing License No. License Issuance Date
Type License or Certification
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm:
License/Certification Name of Entity Issuing License No. License Issuance Date
Type License or Certification
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their
h signing aut ority:
Authorized Signor's Name Title Signing Authority Threshold
(All, Cost up to $X-Amount, No Cost, Other)
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.):
Total No. of Employees
Total No. of Managerial/Administrative
Employees
Total No. of Trad es Employees by Trade
INSURANCE INFORMATION
Please provide the following information about the Firm's insurance company:
Insurance Carrier Name Insurance Carrier Contact Person
Insurance Carrier Address Telephone No. Email
Has the Firm filed any insurance claims in the last five (5) years? □ No □ Yes If yes, please identify the
type of claim and the amount paid out under the claim: ________ _
FIRM OWNERSHIP
Please identi all Firm owners or artners, their title, and ercent of owners ·
35 of 75
x
Neon Sign Solutions
Jorge Idarraga President
3/29/2023
Tamiami Park And Ride
South Dade Government Center
City of South Miami
Jackson Memorial Hospital
Port of Miami
Hernan Lopez
Hernan Lopez
Aurelio Carmenantes
Jared Michael
Luis Ibarra
786-493-6546
305-347-4814
Hernan.Lopez@miamidade.gov
Hernan.Lopez@miamidade.gov
305-375-5269
305-375-5269
305-403-2072 acarmenantes@southmiami.gov
jared.galloway@jhsmiami.org
luis.ibarra2@miamidade.gov 06/01/2022
05/31/2022
01/02/2023
02/02/2023
02/02/2022
21
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
□ No □ Yes If yes , please identify the name of the owner/partner, the other entity's name, and percent
of ownership held by the stated owner/partner:
Owner/Partner Name Other Entity Name Ownership (%)
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public
entities:
Public Entity Contact Person Telephone No. Email Address Date Awarded
By signing below, Bidder certifies that the information contained herein is complete and accurate to the
best of Bidder's knowledge .
Date: ________ _
Print or Type Name:---+------------Title: _____ _
36 of 75
29 March 23
Neon Sign Solutions
President
Jorge Idarraga
info@neonsignsolutions.com
305-885-7400
1,200.00
6,500.00
400.00
800.00
8,900.00
22
FORM7
BID FORM
Bid prices stated in this Form shall include all costs and expenses for labor, equipment, materials,
contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project will
be based upon completion of the entire project as a Lump Sum contract.
ITEM ITEM EST. QTY UNIT TOTAL COST NO. DESCRIPTION
1-1 Permit LS $
1-2 Mobilization LS $
Monument Display, including
1-3 Plaques & All Structural LS $
Work Necessa
1-4 As -built Plans LF $
TOTAL PROJECT COST: $
SUBMITTED THIS DAY OF 20 __ .
----------------
PROPOSAL SUBMITTED BY:
Company Telephone Number
Na uthorized to Submit Fax Number
Pro
Email Address
Title
37 of 75
Miami Dade Park & Ride
Hernan Lopez
Manufacture and Install two identification monument
signs to read: Park and Ride.
x
Hernan.Lopez@miamidade.gov 305-375-5269
Graphics & Design Manager / Internal Services Department
N/A
23
FORMS
REFERENCE LIST
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM,
BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #I
Public Entity Name: _________________________ _
Reference Contact Person/Title/Department: ___________________ _
Contact Number & Email _________________________ _
Public Entity Size/Number of Residents/Square Mileage: ________________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) _______________________ _
Is the Contract still Active? Yes ___ No ___ _
38 of 75
Port of Miami
Luis Ibarra / Sr Systems Administrator/
MDC Information Technology Department
Supply and Install two led screens.
305-347-4814luis.ibarra2@miamidade.gov
x
N/A
24
REFERENCE #2
Public Entity Name: _________________________ _
Reference Contact Person/Title/Department: ___________________ _
Contact Number & Email __________________________ _
Public Entity Size/Number of Residents/Square Mileage: ________________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity} ________________________ _
Is the Contract still Active? Yes ___ No ___ _
Page 2 of69
39 of 75
Group M
Pablo Mejia, President
305-235-2538 groupm@gate.net
Manufacture and Instal various illuminated channel letters
x
N/A
25
REFERENCE #3
Public Entity Name: _________________________ _
Reference Contact Person/Title/Department: ___________________ _
Contact Number & Email __________________________ _
Public Entity Size/Number of Residents/Square Mileage: ________________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity} ________________________ _
Is the Contract still Active? Yes ___ No ___ _
Page 3 of69
40 of 75
Fieldstone Faux Wall Panels-Interlock - Faux Stone Panels (textureplus.com)
26
8"
18"
12"
:. .... ,1.,..., ..U\
,1,a11.c_.. .. _ ~ ,..., __
-,., ---• ,...._..__, ·, t ""· -.,,. 11.,~~ ~-~,... ... ..... ..,,...... ,_._ ..,,. .. .
'"""'•~Jc---..-u'"'
Fieldstone Faux Wall Panels-Interlock - Faux Stone Panels (textureplus.com)
27
ProjectMemorial Monument Sign
11:luminurn P,laqoo
atladled to tho sign
i)y 3/16" a l um studs
4 · scheduled 40
steel pi pe bo lt ed dow n
Faux brick a ttached to structu re
w/oo ristruction adhes iw cou nter
s ink sheet meta l sorews
.125 a lum in um fi ll e r
t o a lu mi nu m struct ure -----+11-+-----
M IN ;:t• Sot 40 S'iElEI.. POST ,3/,B·~ ll '-----1--...._----~
EM E,EO TO e' IAR O fOO:rE:R BOT
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,CONCR ETE FOOTER OPTI ONS ,cn oo PSl ):c----+---+I
• 1:e.• CIA :4 3 '-i" DE EP' [AU GER EDJ
• Z'-.3"' SQ.Xl"'-O"'O EEP [Si'RUD, WffH
(Z,:1::1 S.,.RS :£A.OIWI.Y. TC -+BCTJ
18"
Front View
3 '-9 "
sheet metal sc re w s
•
• •
•
•
Top View
18"
Front View
.125 a lu minu m fi ll er
• •
•
3/8 a ll th rea d bolt
4 "sdledUled40
s teel pi pe bolted d own
to all.I minu m struoture
Graphic: To be provided by City
Material: Aluminum
Plaque Color Background: 1315 Dark Oxide
Letter Colors & Raised Border: 2756 Metallic Gold
Font Type: Candara
Font Size: .50” - .75”
The language “Dedicated April 2023” will be revised
to the month the monument display is installed, for
example: “Dedicated July 2023”
All plaque related language is subject to change and
requires final approval by the City’s Project
Manager.
28
18''
24"
8"
12"
Dedicated April 2023
City of South Miami
Marshall Williamson
Mayor Javier E. Fernandez, Esq.
Vice Mayor Lisa Boni ch
Commissioner Brian Corey
Commissioner Steve Calle
Commissioner Josh Liebman
CITY OF SOUTH MIAMI
INVITATION TO BID (ITB) No. PR2023-05
MARSHALL WILLIAMSON MONUMENT FREESTANDING DISPLAY
City of South Miami Commission
Mayor Javier Fernández
Commissioner Lisa Bonich
Commissioner Steve Calle
Commissioner Josh Liebman
Commissioner Brian Corey
City of South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33143
ISSUE DATE: 27 March, 2023
BID OPENING DATE: 14 April, 2023
BID OPENING TIME: 10:30 A.M.
1 of 75 29
THE CITY OF PLEASANT LIVING
PUBLIC NOTICE
INVITATION TO BID (ITB) No. PR2023-05
MARSHALL WILLIAMSON MONUMENT FREESTANDING DISPLAY PROJECT
NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the Marshall
Williamson Monument Freestanding Display Project. Interested companies, firms, and individuals
(“Bidders”) may obtain a copy of Invitation to Bid No. PR2023-05 (the “ITB”) to be issued on March
27, 2023, at the City of South Miami 6130 Sunset Drive, South Miami, FL 33143, on the City’s website at
www.southmiamifl.gov, or via DemandStar at https://network.demandstar.com/. The ITB contains detailed
information about the scope of work, submission requirements, and selection procedures. All notices and
any addenda issued by the City with respect to the ITB will be made available on the City’s website. It is
the Bidder’s sole responsibility to ensure receipt of any issued notice or addenda relating to this ITB once
posted to the website. The bid submission shall be submitted electronically via DemandStar and marked
“Bid to City of South Miami, ITB No. PR2023-05 for the Marshall Williamson Monument Freestanding
Display.” Bids must be received by the City by no later than April 14, 2023 at 10:00 a.m. EST.
E-BID OPENING VIA VIDEO CONFERENCING:
The City will only receive submittals electronically through the DemandStar Electronic Bid
System (E-Bidding). To register as a business, go to https://network.demandstar.com/
Bids will be publicly opened through video conferencing using the Zoom platform. At 10:30 AM, local
time. Members of the public are invited to view the bid opening meeting through Zoom at
https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by
dialing +1-786-635-1003 Meeting ID: 3056636339.
Any bid submission received after this time and date will be rejected and returned unopened. Bidders are
responsible for ensuring that their bid is received in the City by the deadline.
A pre-response conference will NOT be held for this project.
The City hereby provides notice to all Bidders of the imposition of a Cone of Silence for this solicitation,
as set forth in Section 8A-7 of the City Code. “Cone of Silence," as used herein, means a prohibition on
communication regarding a competitive solicitation such as a request for proposal, request for
qualification, request for information or request/invitation for bid b etween a potential vendor, service
provider, proposer or bidder, or agent, representative, lobbyist or consultant for the potential bidder;
and (i) members of the City commission; (ii) the City's professional staff; or (iii) any member of the
City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or City
Attorney with any qu estions on the Cone of Silence.
Date Issued: March 27, 2023
2 of 75 30
THE CITY OF PLEASANT LIVING
TABLE OF CONTENTS
Section Page
Section 1: Information for Bidders 4
Section 2: Terms and Conditions 11
Section 3. Scope of Work 17
Section 4: Bid Submission Requirements and Evaluation &
Forms and Attachments
20
Section 4: Bid Form – Form 7 37
3 of 75 31
SECTION 1.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the “City”) is soliciting bids for the Marshall Williamson Monument
Freestanding Display Project (the “Project”). The City hereby requests bids for the selection of one firm
(“Contractor” or “Bidder”) to provide the work for the Project as set forth in greater detail in Section 3
of this Invitation to Bid (“ITB”).
The Contractor awarded a contract pursuant to this ITB shall provide the services, design, labor, materials,
equipment, and all incidentals necessary, as further defined in Section 3 of this ITB (the “Work” or the
“Services”) for the Project.
The City intends to award a contract to the lowest, most responsive and responsible Bidder whose bid
meets the requirements and criteria set forth in this ITB for the Work described in this ITB.
1.2. SCHEDULE OF EVENTS.
The following schedule is anticipated for this ITB process, but is subject to change by the City, in its sole
discretion, at any time during the ITB procurement process.
No. Event Date* Time*
(EST)
1 Advertisement/ Distribution of ITB March 27, 2023 10:00 AM
2
Non-Mandatory / Mandatory Pre-Bid Conference
and Site Visit
6130 Sunset Drive
South Miami, FL 33143
NONE
SCHEDULED
3 Deadline to Submit Questions / Requests for
Clarification April 7, 2023 10:00 AM
4 City Issues Addenda and Responds to Questions April 11, 2023 10:00 AM
5 Deadline to Submit Sealed Bids – Submission
Deadline April 14, 2023 10:00 AM
6
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
https://zoom.us/j/3056636339 ,or listen to the meeting on
a dedicated phone line by dialing +1-786-635-1003 Meeting
ID: 3056636339.
April 14, 2023 10:30 AM
7 City Manager issues recommendation to City Commission May 2, 2023 7:00 PM
8 Award Bid(s) and Agreement(s) at City Commission
Meeting May 2, 2023 7:00 PM
4 of 75 32
1.3. BID DUE DATE.
Sealed Bids must submitted electronically through the DemandStar Electronic Bid System at
https://network.demandstar.com/. All sealed bids must be received by 10:00 a.m. E.S.T. on April 14,
2023 (the “Submission Deadline”). Sealed bids will be publicly opened through video conferencing using
the Zoom platform. Members of the public are invited to view the bid opening meeting through Zoom
at https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by
dialing +1-786-635-1003 Meeting ID: 3056636339.
1.4. PRE-BID CONFERENCE AND SITE(S) VISIT.
A pre-bid conference, will be NOT be scheduled for this project.
Prior to submitting a Bid, each Bidder should visit the site and become familiar with the conditions that
may, in any manner, affect the Work to be performed by the awarded contractor or the equipment,
materials and labor required. The Bidder is also required to examine carefully the Scope of Work set
forth in Section 3 of this ITB and be thoroughly informed regarding any requirements or conditions that
may in any manner affect the Work to be performed under the Agreement. No allowances will be made
because of lack of knowledge of any conditions or requirements.
1.5. ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING BID
PROCESS.
The City will not respond to oral inquiries or questions concerning this ITB. All written inquiries, requests
for interpretation or clarification shall be sent to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
6130 Sunset Drive
City of South Miami, FL 33143
E-Mail: skulick@southmiamifl.gov
Facsimile: (305)669-2636
Any written inquiry or request for interpretation or clarification must be sent by e-mail or written
correspondence and received by the City no later than April 7, 2023 at 10:00 a.m.
All such interpretations or clarifications will be made in writing in the form of an Addendum to this ITB
issued by the City to all known and/or registered prospective Bidders. Each prospective Bidder shall
acknowledge receipt of such Addenda by including it in the Bid Form. All Addenda shall be a part of this
ITB and a part of the Agreement and each Bidder will be bound by such Addenda, whether or not
received. It is the responsibility of each prospective Bidder to verify that it has received all
Addenda issued before Bid are submitted and opened.
1.6. SUBMISSION OF BID.
Sealed Bids must submitted electronically through the DemandStar Electronic Bid System at
https://network.demandstar.com/ by the Submission Deadline and must be marked as “Bid to City of
South Miami, ITB No. PR2023-05, Marshall Williamson Monument Freestanding Display”
and addressed to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
6130 Sunset Drive
5 of 75 33
City of South Miami, FL 33143
E-Mail: skulick@southmiamifl.gov
THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO THE CITY ON OR BEFORE
THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER.
THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR DURING THE SUBMISSION
OF BIDS. ANY BID RECEIVED AFTER THE SUBMISSION DEADLINE STATED IN THIS ITB WILL NOT
BE OPENED AND WILL NOT BE CONSIDERED. FACSIMILE AND EMAILED BID SHALL NOT BE
CONSIDERED.
The Bid must be signed by an authorized officer of the Bidder who is legally authorized to bind the Bidder
and enter into a contractual relationship in the name of the Bidder. The submittal of a Bid by a Bidder
will be considered by the City as constituting an offer by the Bidder to perform the required Work, upon
the terms and at the prices stated by the Bidder.
The City will only receive submittals electronically through the DemandStar Electronic Bid
System (E-Bidding). To register as a business, go to https://network.demandstar.com/
Bids will be publicly opened through video conferencing using the Zoom platform at 10:30
AM, local time. Members of the public are invited to view the bid opening meeting through
Zoom at https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a
dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339.
Bids shall be typed or printed in ink. All blanks on the Bid form(s) must be completed. Names must be
typed or printed below the signature. Bids submitted by hand-delivery, facsimile and/or email will not be
accepted.
Only one (1) Bid from any individual, firm, partnership, or corporation, under the same or different names,
will be considered. If the City determines that any Bidder has interest in more than one (1) Bid for Work
contemplated; all Bid in which such a Bidder is interested will be rejected. Bidder by submitting this Bid
certifies that this Bid is made without previous understanding, contract, or connection with any person,
firm or corporation making a Bid for the same material, supplies, equipment or services and is in all
respects, fair and without collusion of fraud.
1.7. BID REQUIREMENTS & FORMAT.
Each Bidder must present its products, services, and applicable features in a clear and concise manner that
demonstrates the Bidder’s capabilities to satisfy the requirements of this ITB. The emphasis should be on
accuracy, clarity, comprehensiveness and ease of identifying pertinent information and suitability of the
Work. Bids MUST include the following:
1.7.1. Bid Form Package. Bidder shall provide complete and accurate copies, with all required
signatures and notarizations, for all the forms in the Bid Package:
Form 1. Bid Form Package Acknowledgement.
Form 2A. Bidder’s Certification (if Company or Corporation)
Form 2B. Bidder’s Certification (if Partnership)
Form 3. Single Execution Affidavits
Form 4. Dispute Disclosure
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility
Matters Primary Covered Transactions
Form 6. Bidder’s Qualifications Survey
Form 7. Bid Form
Form 8. Reference List
6 of 75 34
1.7.2. Proof of Experience. Provide documentation evidencing the experience of the Bidder
and demonstrating that the Bidder has successfully provided Work similar to those specified
herein to other firms and/or agencies of similar size and needs as the City. The Bidder firm
shall be currently engaged in Work on a full time basis and shall have been in existence and
continuous operation providing the Work for a minimum of three (3) years.
1.7.3. Safety Record. Bidder shall provide documentation evidencing the safety and compliance
record of the Bidder in performing similar Work, including information as to any safety or
any noncompliance violations, assessments or citations issued by applicable governmental
agencies in the past five (5) years.
1.7.4. Bidder's Qualifications. Include name, function, and qualifications of key personnel,
including key subcontractors, in the organization who will be providing Work. The key
person or contact assigned to the Work shall within the past three (3) years have conducted
and been responsible for providing Work in a similar project or environment. Please note,
to receive further consideration, all Bidders must provide the necessary documentation to
demonstrate that they meet the following minimum qualifications:
1.7.4.1. Service and Incorporation. Contractor shall have been in business and continuous
operation and service and incorporated in the State of Florida for a minimum of five
(5) years.
1.7.4.2. Licenses. Contractor must be fully licensed with any and all applicable and required
licenses, certifications and permits for Work, including government licenses,
certifications, and permits from the State of Florida, Miami-Dade County, the City, and
any other governing governmental regulatory authorities.
1.7.5. Insurance Certificates. Bidder shall provide certificates of insurance demonstrating
compliance with the requirements set forth under Section 2 of this solicitation, including:
1.7.5.1. Commercial General Liability
1.7.5.2. Workers Compensation & Employer’s Liability
1.7.5.3. Business Automobile Liability
THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR
ADDITIONAL COVERAGE IF DEEMED NECESSARY.
1.7.6. Bidder may provide any additional information that highlights experience or expertise, which
is relevant and directly applicable to this ITB.
1.8. EVALUATION CRITERIA/AWARD OF CONTRACT.
Award shall be made to the lowest responsible and responsive Bidder whose qualifications indicate the
Award will be in the best interest of the City and whose Bid complies with the requirements of this ITB.
In no case will the Award be made until all necessary investigations have been made into the responsibility
of the Bidder and the City Manager is satisfied that the Bidder is qualified to do the Work and have the
necessary organization, capital and equipment to carry out the Work in the specified timeframes. The
responsible bidder shall be a person who has the capability in all respects to fully perform the contract
requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities,
equipment, financial resources and credit which will give a reasonable expectation of good faith
performance, and a person who has submitted a bid which conforms in all material respects to the ITB
(the “Responsible Bidder”). In evaluating responsibility, the City may also consider previous contracts with
7 of 75 35
the City, past performance and experience with other contracts, compatibility of the project team with
City personnel, and any other criteria deemed relevant by the City. The City Manager or designee may
reject those bids that do not meet the minimum requirements of the ITB.
If the City accepts a bid, the City will provide a written notice of award to the lowest responsible and
responsive Bidder who meets the requirements of this ITB. If the successful bidder to whom the contract
is awarded forfeits the award by failing to meet the conditions of this ITB, the City may, at the City’s sole
option, award the contract to the next lowest, most responsive, and responsible bidder or reject all bids
or re-advertise the Work.
Neither this ITB, nor the notice of award of the Agreement(s) constitutes an agreement or contract with
the Successful Bidder(s). An agreement or contract is not binding until a written agreement or contract,
in substantially the form attached hereto as Attachment “C,” has been executed by the City and the
Successful Bidder(s) and approved as to form, content, and legal sufficiency by the City Manager and City
Attorney.
1.9. CITY’S RIGHTS; WAIVER OF IRREGULARITIES.
The City reserves the right to reject any or all bids which is in any way incomplete or irregular, re-bid
the entire solicitation, or enter into contracts with more than one Contractor.
The City reserves the right to accept or reject any and/or all Bid or parts of Bid, to workshop or negotiate
any and all Bid, to select and award Bidder(s) for all or any of the Work, waive irregularities in Bid, to
cancel or discontinue this ITB process, and to request new Bid on the required Work or services. The
City Commission shall make the final determination and award of Bid(s).
All materials submitted in response to this Invitation to Bid become the property of the City and will be
returned only at the option of the City. The City has the right to use any or all ideas presented in any
Bid or responses to the ITB, whether amended or not, and selection or rejection of Bid does not affect
this right.
1.10. CODE OF ETHICS PROVISIONS.
1.10.1. Cone of Silence.
The provisions of City’s Cone of Silence are applicable to this ITB. The City’s Cone of Silence provisions
can be found under Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence
may be sent to:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
The Cone of Silence as used herein means a prohibition of any communication regarding a competitive
solicitation such as a request for proposal, request for qualification, request for information or
invitation/request for bid, between a potential vendor, service provider, proposer or bidder (hereinafter
referred to as the "potential bidder"), or agent, representative, lobbyist or consultant for the potential
bidder; (hereinafter referred to as the "bidder's representative"); and
(i) Members of the City Commission; or
8 of 75 36
(ii) City's professional staff; or
(iii) Any member of the City's selection, evaluation or negotiation committee.
The provisions of the Cone of Silence shall not apply to:
(i) Communications at a duly noticed pre-bid conferences or at any duly noticed public selection
or negotiation committee meeting or duly noticed public City commission meeting at which
the City Manager has placed the subject of the solicitation on the agenda;
(ii) Communication regarding the solicitation at recorded contract negotiations, recorded oral
presentation or recorded oral question and answer session and recorded contract negotiation
strategy sessions in compliance with the exemption in F.S. § 286.0113;
(iii) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the selection or negotiation committee meetings;
(iv) Written communication at any time with any City professional staff (not including selection,
evaluation or negotiation committee members), unless specifically prohibited by the applicable
competitive solicitation documents. This section shall not be construed to prevent written
communication between City professional staff and any City selection, evaluation or
negotiation committee. A copy of any written communication made during the cone of silence
shall be contemporaneously filed with the City clerk by the potential bidder or bidder's
representative. The City clerk shall make copies available to any person upon request;
(v) Communication that is strictly limited to matters of those processes or procedures that are
contained in the corresponding solicitation document and which communication is between
any person and the City's purchasing agent or the City employee who is designated as being
responsible for administering the procurement process for such solicitation;
(vi) Communications with the City attorney and his or her staff;
(vii) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(viii) Any emergency procurement of goods or services pursuant to City code;
(ix) Responses to a request made by the City's purchasing agent, or the City employee who is
designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(x) Communications prior to bid opening between City's professional staff and potential bidders
and/or bidder's representatives to enable City staff to seek and obtain industry comment or
perform market research, provided all communications related thereto between a potential
bidders and/or bidder's representatives and any member of the City's professional staff
including, but not limited to the City Manager and his or her staff, are in writing or are made
at a duly noticed public meeting.
1.10.2. Lobbying Prohibited. All potential Bidders and their agents who intend to submit, or
who submitted, a bid or response to this solicitation, are prohibited from lobbying,
individually or collectively, any City Commissioner, candidate for City Commissioner, or any
employee of the City in connection with this solicitation.
The term "Lobbyist" means all persons (including officers and managers of a legal entity),
firms, or legal entities such as a corporation, partnership or limited liability company,
employed or retained by a principal (including an officer of the principal or an employee of
the principal whose duties include marketing, or soliciting business, for the principal) who
seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action
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or decision of the City Commission; (2) any action, decision, recommendation of the City
Manager or any City board or committee; or (3) any action, decision or recommendation
of City personnel during the time period of the entire decision-making process on such
action, decision or recommendation which foreseeably will be heard or reviewed by the
City Commission, or a City board or committee.
Contact may only be made through regularly scheduled Commission meetings, or meetings
scheduled through the Procurement Division, which is for the purpose of obtaining
additional or clarifying information or as otherwise provided for in the City’s Cone of
Silence. Any presentation before a selection committee is considered to be lobbying;
however, the presentation team may avoid formal registration by complying with section
8A-5(c)(9), of the City Code of Ordinances and completing Attachment B to this ITB. Any
person who submits a proposal, whether solicited or unsolicited, on behalf of his or her
principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited,
is considered to be a lobbyist. All Bidders are strongly encouraged to review Section 8A-5
of the City Code of Ordinances for further information.
To register as a lobbyist, please contact the City Clerk at:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
END OF SECTION 1
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SECTION 2.
TERMS AND CONDITIONS
2.1. PURPOSE OF BID.
The City requests Bids from qualified firms for the Marshall Williamson Monument Freestanding Display
Project (the “Project”). The Work to be performed includes, but is not limited to, services related to
production/fabrication, assembly, and installation of a new monument display sign as illustrated in the
attached documents and, as further detailed in the Scope of Services provided in Section 3 herein (the
“Work” or “Services”). The frequency, nature, scope and definition of the Work desired or required by
the City may change from time to time, at the City’s discretion.
The City intends to secure a source of supply(s) for the Work from a qualified contractor(s) that conform
to the requirements of this ITB and is most advantageous to the City and in its best interest. The City
reserves the right to award the Bid(s) considered to best serve the City’s interests.
2.2. DELIVERY.
All equipment, materials, and goods in connection with the Work shall be delivered F.O.B. destination
(i.e., at a specific City address), and delivery costs and charges (if any) will be included in the Bid pricing.
Exceptions should be noted.
2.3. EQUIPMENT.
Any equipment or products used by Contractor to provide Work pursuant to this ITB shall remain the
property of the Contractor. In the event equipment or products used by the Contractor are found to be
defective, of unsatisfactory quality, or do not conform to the requirements of this ITB or the Specifications,
the City reserves the right to reject the equipment or product(s), at the Contractor’s expense.
2.4. PRICING.
The Bid form attached to this ITB under Section 4 and to be included with each Bid shall specify the
Bidder’s pricing and/or fees for the equipment and Work requested herein. Bidder should include any
and all applicable taxes in Bid prices. If the Bidder is awarded an Agreement pursuant to this ITB, the
prices and fees quoted in the Bid shall remain fixed and firm during the term of the Agreement.
2.5. BID COSTS.
Bidders submitting Bid do so entirely at their own cost and expense. There is no expressed or implied
obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing
or submitting Bid, providing additional information when requested by the City, or for participating in any
selection interviews.
2.6. LICENSES AND PERMITS.
Bidder shall secure any and all necessary and required licenses, certifications and permits to conduct the
Work, including, but not limited to, all Federal, State, County and City licenses and permits. All Bidders
must provide the necessary documentation to demonstrate that they meet all applicable licensing and
permitting requirements.
By submitting a Bid in response to this ITB, Bidder represents and warrants to the City that it holds all
licenses, certifications and permits (“Licenses”) required by applicable law and by any other governmental
authority or agency to perform the Work. Bidder represents and warrants to the City that the Licenses
shall be in full force and effect on the date of performance of the Work and further represents that it
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holds and will hold all Licenses throughout the term of the Agreement. Bidder shall provide the City with
copies of all Licenses and any additional permits that may be required for performance of the Work with
its Bid and during the term of the Agreement.
Where the Contractor is required to enter onto City property, public rights-of-way or other property
to deliver equipment or to perform the Work as a result of a Bid award, the Contractor will assume the
full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and
insurance required. The Contractor shall be liable for any damages or loss to the City property, or other
property or persons, occasioned by the acts or omissions, or the negligence of the Bidder (or their agent)
or any person the Bidder has designated in the performance of the Work, as a result of the Bid.
2.7. INSURANCE.
2.7.1. If selected, the Contractor shall secure and maintain throughout the duration of the awarded
contract insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated
A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance
coverage shall be primary insurance with respect to the City, its officials, employees, agents
and volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s
insurance. The insurance coverages shall include at a minimum the amounts set forth in this
section and may be increased by the City as it deems necessary or prudent. Copies of
Contractor’s actual Insurance Policies as required herein and Certificates of Insurance shall
be provided to the City, reflecting the City as an Additional Insured. Each Policy and
certificate shall include no less than (30) thirty-day advance written notice to City prior to
cancellation, termination, or material alteration of said policies or insurance. All coverage
forms must be primary and non-contributory and the Contractor shall provide a waiver of
subrogation for the benefit of the City. The Contractor shall be responsible for assuring that
the insurance policies and certificates required by this Section remain in full force and effect
for the duration of the Work.
2.7.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to property under the
care, custody and control of Contractor. The General Aggregate Liability limit and
the Products/Completed Operations Liability Aggregate limit shall be in the amount of
$2,000,000 each.
2.7.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees
for statutory limits as required by applicable State and Federal laws. The policy(ies)
must include Employer’s Liability with minimum limits of $1,000,000.00 each accident.
No employee, subcontractor or agent of the Contractor shall be allowed to provide
Work pursuant to this ITB who is not covered by Worker’s Compensation insurance.
2.7.1.3. Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance
Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
2.7.2. The Contractor agrees to indemnify, defend and hold harmless the City from and against
any and all claims, suits, judgments, losses, damages, executions and/or liabilities as to bodily
injuries and/or property damage which arise or grow out of the Agreement or Contractor’s
performance of the Work required by this ITB.
2.7.3. The Contractor shall also, upon request by the City, provide copies of all official receipts
and endorsements as verification of Contractor's timely payment of each insurance policy
premium as required by the Agreement.
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2.7.4. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR
ADDITIONAL COVERAGE IF DEEMED NECESSARY.
2.8. BONDS. The selected Contractor must, prior to performing any portion of the Work and
within three (3) days of the Effective Date of the Construction Contract, deliver to the City the
Bonds required to be provided by Bidder hereunder and the Construction Contract(collectively,
the “Bonds”). The City, in its sole and exclusive discretion, may also require other bonds or
security, in order to guaranty that the awarded contract with the City will be fully and
appropriately performed and completed. The surety providing such Bonds must be licensed,
authorized, and admitted to do business in the State of Florida and must be listed in the Federal
Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds shall be
included in the contract price. If notice of any change affecting the scope of services/work, the
contract price, contract time, or any of the provisions of the Construction Contract is required
by the provisions of any bond to be given to a surety, the giving of any such notice shall be t he
selected Contractor’s sole responsibility, and the amount of each applicable bond shall be
adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do
business in Florida is terminated or it ceases to meet applicable law or regulations, the selected
Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as
applicable) and surety, all of which must be satisfactory to the City.
2.8.1. Performance Bond. If this provision is selected, the selected Contractor must deliver to
the City a performance bond in an amount equal to 100 percent of the price specified in the
contract. The performance bond shall provide that the bonding company will complete the
project if the selected Contractor defaults on the contract with the City by failing to perform
the contract in the time and manner provided for in the contract.
2.8.2. Payment Bond. If this provision is selected, the selected Contractor must deliver to the
City a payment bond in an amount equal to 100 percent of the price specified in the contract.
The payment bond shall provide that the bonding company or surety will promptly pay all
persons who supply labor, materials, or supplies used directly or indirectly in the
performance of the work provided for in the contract between the selected Contractor and
the City if the selected Contractor fails to make any required payments only.
2.8.3. Waiver of Bonds. If this provision is selected, the City Manager has waived or limited
the requirements contained herein for payment or performance bonds upon such
circumstances as are deemed in the best interest of the City. If the requirement for a
payment bond is waived, the City shall select this box: ☒. If the requirement for a
performance bond is waived, the City shall select this box: ☒.
2.9. BID GUARANTY/BID BOND. Each bid must be accompanied by a Bid Bond or Cashier’s
Check, in the amount of five percent (5%) of the bid, in the form provided in Form 10. Bid
Guaranty shall be made by certified or cashier's check or by a bid bond made payable to the City
and provided by a surety company authorized to do business as a surety in the state. All Bid
Bonds shall be valid for a period of at least 90 days from the bid submission date. The Bid Bonds
for all unsuccessful bids shall be returned after the 90-day period. The purpose of the bid bond
is to ensure that bids are honored and that they remain valid for the required period.
Accordingly, bid bonds are subject to forfeiture any time Bidders refuse to honor their bids for
at least 90 days after bid opening. The Bid Guaranty of the successful bidder will be retained until
such bidder has executed a contract and furnished any payment and performance bonds, along
with all insurance policies, licenses, or other documentation that may be required by the City. If
the successful bidder fails to furnish the required payment and performance bonds, fails to
execute and deliver the contract, or fails to deliver the required insurance policies, licenses, or
other documentation to the office of the purchasing agent within the time specified in the
instructions to bidders, the City may annul the notice of award and the entire sum of the Bid
Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be
returned after the Contract is awarded and executed.
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If the requirement for a Bid Guaranty/Bid Bond is waived, the City shall select this box: ☒.
2.10. COMPLIANCE WITH LAW AND OTHER REQUIREMENTS.
Contractor shall conduct its operations in compliance with all applicable federal, State, County and City
laws and regulations in providing the Work required by this ITB.
2.11. ASSIGNMENT.
The Contractor shall not transfer or assign the performance of the Work required by this ITB and the
Agreement without the City’s prior written consent. Any award issued pursuant to this ITB and monies
which may be payable by the City, are not assignable except with the City’s prior written approval.
2.12. ATTORNEY’S FEES.
If the City incurs any expense in enforcing the terms of the Agreement, whether suit be brought or not,
Contractor agrees to pay all such costs and expenses including, but not limited to, court costs, interest
and reasonable attorney’s fees.
2.13. CONTRACTOR’S RELATION TO THE CITY.
It is expressly agreed and understood that the Contractor is in all respects an independent contractor as
to all Work hereunder, and that the Contractor is in no respect an agent, servant or employee of the
City. This ITB specifies the Work to be performed by the Contractor, but the method to be employed
to accomplish the Work shall be the responsibility of the Contractor, unless otherwise provided in the
Agreement or by the City.
2.14. DISCRIMINATORY PRACTICES.
The Contractor shall not discriminate or deny service, deny access, or deny employment to any person
on the basis of race, color, creed, sex, sexual orientation, religion or national origin. The Contractor will
strictly adhere to the equal employment opportunity requirements and any applicable requirements
established by the State of Florida or the Federal Government.
2.15. CANCELLATION.
Failure on the part of the Contractor to comply with the conditions, specifications, requirements and
terms as determined by the City, shall be just cause for cancellation of the award, with the Contractor
holding the City harmless.
2.16. INDEMNIFICATION.
The Contractor shall indemnify, save harmless and defend the City, its officers, agents and employees from
and against any claims, demands or causes of action of whatsoever kind or nature arising out of any act,
error, omission, negligent act, conduct or misconduct of the Contractor, its agents, servants or employees,
in the performance of the Work pursuant to this ITB and/or from any procurement decision of the City
including without limitation, awarding the Agreement to a Contractor.
2.17. MULTIPLE /OTHER VENDORS.
The City reserves the right to select and award multiple Bidders to provide some or all of the Work. If
the selected contractors are unavailable, the City reserves the right to seek and obtain other sources.
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2.18. PUBLIC ENTITY CRIME/DISQUALIFICATION.
Pursuant to Section 287.133(3)(a), Florida Statute, all Bidders are advised as follows:
“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 bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity and may not transact business with any public
entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.”
2.19. NO CONTINGENCY FEE.
Bidder shall warrant that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Bidder, to solicit or secure the Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for the Bidder, any fee, commission, percentage, gift or other consideration contingent
upon or resulting from the award or making the Agreement. For the breach or violation of this provision,
the City shall have the right to terminate the Agreement, without liability, at its discretion.
2.20. PUBLIC RECORDS; CONFIDENTIALITY.
Bidders are hereby notified that all information submitted as part of or in support of Bid submitted
pursuant to this ITB are public records subject to public disclosure in accordance with Chapter 119,
Florida Statutes. If there is any apparent conflict between Florida’s Public Records Law and this ITB, Florida
Law will govern and prevail.
All Bids submitted in response to this ITB shall become the property of the City. Unless the information
submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to utilize any
or all information, ideas, conceptions, or portions of any Bid in its best interest. Acceptance or rejection
of any Bid shall not nullify the City’s rights hereunder.
Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE BIDDER HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address: 6130 Sunset Drive
South Miami, FL 33143
Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
2.21. AMERICAN RESCUE PLAN ACT PROVISIONS.
Bidder acknowledges that the Work or Services may be fully or partially funded utilizing Coronavirus State
and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”).
The selected Contractor shall be required to comply with all laws, rules, regulations, policies, and
guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines)
required by ARPA, as further detailed in the ARPA Addendum to this solicitation.
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If compliance with this section is required, the City shall select this box: .
2.22. GRANT FUNDING.
By submitting a response to this solicitation, Bidders acknowledge that the Work or Services may be fully
or partially funded utilizing funds from the grants listed below (the “Grant”). Accordingly, by submitting a
response to this competitive solicitation, the Bidder warrants and represents that it has reviewed the
terms and conditions for each Grant and will perform the Work or Services in accordance with the terms
and conditions of the Grant(s).
Grant Title Grant Agreement Attachment No.
If the Work or the Services will be funded utilizing Grant funds, the City shall select this
box:.
END OF SECTION 2
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SECTION 3.
SCOPE OF WORK, SPECIFICATIONS, AND REQUIREMENTS
3.1. GENERAL REQUIREMENTS.
The Work specified in this Invitation to Bid (ITB) consists of furnishing all goods, materials, supplies, and
services necessary to provide a completed project that meets all of the needs described in this Scope of
Services and as otherwise described in this ITB (the “Work”). The Work is to be performed in accordance
with specifications and the contract documents that are provided to the Contractor by the City herein,
as well as in accordance with those plans, drawings and specifications that are required to be produced
by the Contractor and that are approved by the City. The Work also includes but is not limited to keeping
the Project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable
subcontractors; providing dumpster(s) for cleanup and disposal; disposing of materials; providing all
necessary engineering and architectural plans, drawings and technical specifications; all permits; all
necessary equipment, including rental equipment, machinery, tools, transportation and freight;
coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water);
erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that
the safety measure are in place at the end of each working day; root pruning and sod restoration at
affected areas to the City’s satisfaction; cleaning the construction site at the end of each working day;
maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods
and services necessary to perform all of the Work.
Prior to any digging, Contractor must locate all underground utilities and other facilities as well as
contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so
that the utilities can mark the approximate location of all their underground facilities, including power
lines, telephone lines, pipes, and cables on construction site.
In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits
(including tree permits), provide signed and seal footing and foundation specifications for permitting, as
well as all laboratory tests, engineering and architectural specifications, drawings and plans that are
necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor
will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees
are waived for permits required to be issued directly by the City. Permit fees charged by other government
entities, if required, are the responsibility of the Bidder/Contractor; however, in all cases; it is the
responsibility of Bidder/Contractor to secure any and all permits that may be required for this project.
All work is to be completed in accordance with specifications, engineering construction drawings, and in
accordance with the terms and conditions described in Attachments A and B, all federal, state and local
requirements, guidelines and regulations included the Florida Building Code, the City Land Development
Code, all applicable ordinances of Miami-Dade County and the City, and the Americans with Disabilities
Act (ADA). If the Project involves a City park, the Contractor must comply with the City’s public
playground safety standards, rules, and guidelines.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through
Friday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances.
3.2. SPECIFIC REQUIREMENTS.
The City is soliciting proposals from highly qualified firms for professional services related to
production/fabrication, assembly, and installation of a new monument display sign as illustrated below and
set forth in greater detail in Attachment B.
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All work must be completed within sixty (60) calendar days from the issuance of a purchase order
and building construction permit. Bidders are required to follow all federal, state and local codes as well
as all rule compliance and guidelines with Americans with Disabilities Act (ADA).
3.3. SITE LOCATION.
The Project will be constructed at Marshall Williamson Park, located at 6121 SW 68 Street, South Miami,
FL, 33143.
3.4. DESIGN PLANS & SPECIFICATIONS.
Design plans and specifications for the Project are attached to this solicitation as Attachment B, the
“Marshall Williamson Memorial Freestanding Sign Plans prepared by Easy Seals and dated January 10, 2023.
3.5. PROJECT DURATION.
After permit(s) have been secured/approved, the Bidder is responsible for completing this project within
sixty (60) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from
the City’s Project Manager.
3.6. WARRANTY.
Bidder must include a warranty and/or guarantees of all material and labor that includes:
3.6.1. any conditions; and
3.6.2. guaranteed response time for repair; and
3.6.3. guaranteed replacement during the warranty period; and
3.6.4. life expectancy under normal use; and
3.6.5. Failures during the warranty period must be repaired or replaced to the satisfaction of the
City; and
3.6.6. the term of the warranty.
At a minimum, Bidder/Contractor must warrant their Work to be free of significant defects in
workmanship and materials for a period of one (1) year and if General Conditions are made part of the
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18"
24"
48"
36 "
contract documents for this project, at a minimum, Bidder/Contractor must warrant their Work in
accordance with the warranty requirements found in the General Conditions to the Contract.
If equipment is being provided, the standard manufacturer’s warranty information must be
provided in writing for all equipment being proposed and, if required by the warranty, such equipment
must be installed by an authorized installer before final payment is made. If the manufacturer’s warranty
is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City.
3.7. DOCUMENTATION.
A prerequisite to final payment is the execution and delivery to the City of all documents required by any
governmental agency, including the City. Such documentation includes documentation for the conveyance
of any property or facilities that are the subject of this Project.
END OF SECTION 3
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SECTION 4.
BID FORM PACKAGE
As provided in the ITB, the following items must be attached to this Bid:
FORMS STATUS
Form 1 – Bid Form Package Acknowledgement √
Form 2A. Bidder’s Certification (if Company or Corporation) √
Form 2B. Bidder’s Certification (if Partnership) √
Form 3. Single Execution Affidavits √
Form 4. Dispute Disclosure √
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters
Primary Covered Transactions
√
Form 6. Bidder’s Qualifications Survey √
Form 7. Bid Form √
Form 8. Reference List √
ATTACHMENTS
This competitive solicitation incorporates the following attachments, which should be reviewed
thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation.
The City is attaching the following Attachments:
Attachment A. Sample of Contract
Attachment B. Declaration/Affidavit of Representation
Attachment C. Marshall Williamson Memorial Freestanding Sign Plans
prepared by Easy Seals and dated January 10, 2023
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FORM 1
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Invitation to Bid, ITB No. PR2023-
05. I agree that my Bid will remain firm for a period of 180 days after opened by the City in order to
allow the City adequate time to evaluate the Bid.
I certify that all information contained in this Bid is truthful to the best of my knowledge and belief. I
further certify that I am duly authorized to submit this Bid on behalf of the Firm named as the Proposing
Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement.
I further certify, under oath, that this Bid is made without prior understanding, agreement, connection,
discussion, or collusion with any other person, firm or corporation submitting a Bid; no officer, employee
or agent of the City of South Miami or any other Bidder has an interest in said Bid. Furthermore, I certify
that the undersigned executed this Bid Form with full knowledge and understanding of matters therein
contained and was duly authorized.
I further certify that the Bidder acknowledges receipt of all Addenda issued by the City in connection with
the ITB (Check the box next to each addendum received).
______ Addendum 1 Addendum 6
______ Addendum 2 Addendum 7
______ Addendum 3 Addendum 8
______ Addendum 4 Addendum 9
_______ Addendum 5 Addendum 10
Attached hereto are the following forms/documents which form a part of this Bid:
Form 1. Bid Form Package Acknowledgement.
Form 2A. Bidder’s Certification (if Company or Corporation)
Form 2B. Bidder’s Certification (if Partnership)
Form 3. Single Execution Affidavits
Form 4. Dispute Disclosure
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters
Primary Covered Transactions
Form 6. Bidder’s Qualifications Survey
Form 7 . Bid Form
Form 8. Reference List
Form 9 . Bid Guaranty/Bid Bond (if applicable)
Form 10. Payment and Performance Bonds (if applicable)
21 of 75 49
FORM 1
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
___________________________________________
NAME OF BIDDER FIRM
____________________________________________
SIGNATURE OF BIDDER
____________________________________________
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
____________________________________________
____________________________________________
(____) ______________________________________
TELEPHONE NUMBER
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
22 of 75 50
FORM 2A
BIDDER’S CERTIFICATION
(if Company or Corporation)
CERTIFICATE
STATE OF _____________ )
) SS
COUNTY OF ___________ )
I HEREBY CERTIFY that a meeting of the Board of Directors of
___________________________________________________________________
a corporation or company existing under the laws of the State of _________________________,
held on ______________________, 2023, the following resolution was duly passed and adopted:
RESOLVED, that, as _____________of the Corporation/Company, be and is hereby authorized
to execute the Bid dated, __________, 2023 to the City of South Miami for ITB No. 2023-XX
Marshall Williamson Monument Freestanding Display Project, and that this execution thereof,
attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal
affixed, shall be the official act and deed of this Corporation/Company.
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
corporation/company on this the _____________ of ___________, 2023.
_______________________
Secretary
(SEAL)
23 of 75 51
FORM 2B
BIDDER’S CERTIFICATION
(if Partnership)
CERTIFICATE
STATE OF ____________ )
) SS
COUNTY OF __________ )
I HEREBY CERTIFY that a meeting of the Partners of ____________________
_____________________________________________________________________, a
partnership existing under the laws of the State of _________________________, held on
____________________, 2023, the following resolution was duly passed and adopted:
“RESOLVED, that _____________________________________________,
as_____________________________________________________________of the
Partnership, be and is hereby authorized to execute the Bid dated ______________, 2023, to
the City of South Miami for ITB No. PR2023-05 Marshall Williamson Monument
Freestanding Display Project from this partnership and that his execution of thereof, attested
by the shall be the official act and deed of this Partnership.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this _____, day of ________, 2023.
_______________________
Secretary
(SEAL)
24 of 75 52
FORM 3
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY
THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR
BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE
BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE
TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED
TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE:
By:
For (Name of Proposing or Bidding Entity):
Whose business address is:
And (if applicable) its Federal Employer Identification Number (FEIN) is:
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn
statement. SS#: )
Americans with Disabilities Act Compliance Affidavit
The above named firm, corporation or organization is in compliance with and agrees to continue to comply
with, and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining
to employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
• The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section
553.501-553.513, Florida Statutes:
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Transit Act, as amended 49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601-3631.
Bidder Initials
25 of 75 53
Public Entity Crimes Affidavit
I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
I understand that “convicted” or “conviction” as defined in Paragraph 287.133(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.
I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or 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.
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 applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term “person” includes those officers, directors, executives, and partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida
, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that
26 of 75 54
□
□
□
it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph 1 above is for that public entity only and that this form is valid through December 31 of the
calendar year in which it is filed. I also understand that I am required to inform the public entity prior to
entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes
for category two of any change in the information contained in this form.
Bidder Initials
No Conflict of Interest or Contingent Fee Affidavit
Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has
paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising
out of this solicitation. Bidder also warrants that neither it nor any principal, employee, agent,
representative nor family member has procured or attempted to procure this contract in violation of any
of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics
ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the
termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be
selected for the performance of this contract.
Bidder Initials
Business Entity Affidavit
Bidder hereby recognizes and certifies that no elected official, board member, or employee of the City of
South Miami (the " City”) shall have a financial interest directly or indirectly in this transaction or any
compensation to be paid under or through this transaction, and further, that no City employee, nor any
elected or appointed officer (including City board members) of the City, nor any spouse, parent or child
of such employee or elected or appointed officer of the City, may be a partner, officer, director or
proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer,
or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the
Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total
assets or capital stock of the Bidder. Any exception to these above described restrictions must be
expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder
recognizes that with respect to this transaction or bid, if any Bidder violates or is a party to a violation of
the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as
applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public
Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which
the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for
goods or services to City.
Bidder Initials
Anti-Collusion Affidavit
1. Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed
respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances
respecting the Bid/Bid;
27 of 75 55
2. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid; and
3. Neither the Bidder/Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or
agreed, directly or indirectly with any other Bidder/Bidder, firm, or person to submit a collusive or
sham Bid/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder/Bidder, firm, or person to fix the price or prices
in the attached Bid/Bid or of any other Bidder/Bidder, or to fix any overhead, profit, or cost element
of the Bid/Bid price or the Bid/Bid price of any other Bidder/Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person
interested in the proposed Contract.
__________
Bidder Initials
Scrutinized Company Certification
1. Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel
List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may
result from this ITB at its sole option if the Bidder or its subcontractors are found to have submitted
a false certification; or if the Bidder, or its subcontractors are placed on the Scrutinized Companies
that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
2. If the Agreement that may result from this ITB is for more than one million dollars, the Bidder certifies
that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135,
F.S., the City may immediately terminate the Agreement that may result from this ITB at its sole
option if the Bidder, its affiliates, or its subcontractors are found to have submitted a false certification;
or if the Bidder, its affiliates, or its subcontractors are placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria during the term of the Agreement.
3. The Bidder agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under the Agreement that may result from this ITB. As provided in
Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions
then they shall become inoperative.
Bidder Initials
Drug-Free Workplace Affidavit
Bidder hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with
drug-free workplace programs when two bids/Bid are equal with respect to price, quality, and service.
Bidder understands that in order to qualify as a drug-free workplace, Bidder must:
a) 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 will be taken against employees for violations of such prohibition.
b) Inform employees about the dangers of drug abuse in the workplace, the Bidder’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
28 of 75 56
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
1) Give each employee engaged in providing commodities or contractual services under the
ITB a copy of the statement specified in subsection (1).
2) Notify employees that, as a condition of working on the commodities or contractual
services under the ITB, the employee must abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter
893 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) days after such conviction.
3) 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.
4) Make a good faith effort to continue to maintain a drug-free workplace through the
implementation of this section.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the
requirements set forth under F.S. § 287.087.
The entity submitting this sworn statement is not a drug-free workplace.
Bidder Initials
City Non-Discrimination Requirements Affidavit
Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will
not enter into or award a contract to an entity engaged in a boycott.
Bidder understands that “Boycott” as defined under Section 3-1.1 of the Code of the City of South Miami
means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or
otherwise refuse to deal with a person or entity when the action is based on race, color, national origin,
religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a
discriminatory manner. The term boycott does not include a decision based upon business or economic
reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or
required by federal law or state law.
Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1.1 of the Code
of the City of South Miami.
Bidder Initials
Acknowledgment, Warranty, and Acceptance
1. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules
and regulations.
29 of 75 57
□
□
2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
ITB No. 2023-06 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the City Commission or City Manager, as applicable.
4. Contractor warrants that all information provided by it in connection with this Bid is true and
accurate.
Bidder Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
30 of 75 58
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
31 of 75 59
FORM 4
DISPUTE DISCLOSURE
Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”,
please explain in the space provided, or on a separate sheet attached to this form.
1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES __________ NO __________
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
YES __________ NO __________
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES __________ NO __________
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and
state a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Bid or Bid for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
32 of 75 60
FORM 5
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal
Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small
Business Administration.
(1) The prospective primary participant certifies to the best of its knowledge and belief that
it and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective primary participant shall attach an explanation to this
Statement of Qualifications.
Entity Name: _________________________________________________________
Date: _________________________ By:
Signature of Authorized Representative
Name and Title of Authorized Representative
33 of 75 61
FORM 6
BIDDER’S QUALIFICATIONS SURVEY
COMPANY QUALIFICATIONS QUESTIONNAIRE
Please complete this Company Qualifications Questionnaire. By completing this form and submitting a
response to the ITB, you certify that any and all information contained in the bid is true, that your response
to the ITB is made without prior understanding, agreement, or connections with any corporation, firm or
person submitting a response to the ITB for the same materials, supplies, equipment, or services, is in all
respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the
ITB, and certify that you are authorized to sign for the Bidder’s firm.
Some responses may require the inclusion of separate attachments. Separate attachments should be as
concise as possible, while including the requested information. In no event should the total page count of
all attachments to this Form exceed five (5) pages. Some information may not be applicable; in such
instances, please insert “N/A”.
Firm Name
Principal Business Address
Telephone Number Facsimile Number
Email Address
Federal I.D. No. or Social Security Number
Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
How many years has the firm has been in business under its current name and ownership?
Please identify the Firm’s document number with the Florida Division of Corporations and date the Firm
registered/filed to conduct business in the State of Florida:
Document Number Date Filed
Please identify the Firm’s category with the Florida Department of Business Professional Regulation
(DBPR), DBPR license number, and date licensed by DBPR:
Category License No. Date Licensed
Please indicate the type of entity form of the Firm (if other, please describe):
□ Individual □ Partnership □ Corporation □ LLC □ LLP □ Other
Please identify the Firm’s primary business:
34 of 75 62
Please identify the number of continuous years your Firm has performed its primary business:
Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key
Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the
name of the entity that issued the license or certification:
License/Certification
Type
Name of Entity Issuing
License or Certification
License No. License Issuance Date
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm:
License/Certification
Type
Name of Entity Issuing
License or Certification
License No. License Issuance Date
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their
signing authority:
Authorized Signor’s Name Title Signing Authority Threshold
(All, Cost up to $X-Amount, No Cost, Other)
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.):
Total No. of Employees
Total No. of Managerial/Administrative
Employees
Total No. of Trades Employees by Trade
INSURANCE INFORMATION
Please provide the following information about the Firm’s insurance company:
Insurance Carrier Name Insurance Carrier Contact Person
Insurance Carrier Address Telephone No. Email
Has the Firm filed any insurance claims in the last five (5) years? □ No □ Yes If yes, please identify the
type of claim and the amount paid out under the claim:
FIRM OWNERSHIP
Please identify all Firm owners or partners, their title, and percent of ownership:
Owner/Partner Name Title Ownership (%)
35 of 75 63
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
□ No □ Yes If yes, please identify the name of the owner/partner, the other entity’s name, and percent
of ownership held by the stated owner/partner:
Owner/Partner Name Other Entity Name Ownership (%)
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public
entities:
Public Entity Contact Person Telephone No. Email Address Date Awarded
By signing below, Bidder certifies that the information contained herein is complete and accurate to the
best of Bidder’s knowledge.
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
36 of 75 64
FORM 7
BID FORM
Bid prices stated in this Form shall include all costs and expenses for labor, equipment, materials,
contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project will
be based upon completion of the entire project as a Lump Sum contract.
SUBMITTED THIS
DAY OF 20____.
PROPOSAL SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit
Proposal
Fax Number
Signature Email Address
Title
ITEM
NO.
ITEM
DESCRIPTION EST. QTY UNIT TOTAL COST
1-1 Permit 1 LS $
1-2 Mobilization 1 LS $
1-3
Monument Display, including
Plaques & All Structural
Work Necessary
1 LS $
1-4 As-built Plans 1 LF $
TOTAL PROJECT COST: $
37 of 75 65
FORM 8
REFERENCE LIST
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM,
BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #1
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
38 of 75 66
Page 2 of 69
REFERENCE #2
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
39 of 75 67
Page 3 of 69
REFERENCE #3
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
40 of 75 68
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as Principal in the
within Bond; that who signed the said bond on behalf of the Principal, was then
of said Corporation; that I know his/her signature, and his/her signature hereto is genuine;
and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority
of its governing body.
(Affix Corporate Seal)
Corporate Secretary
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Firm:
State of Florida
County of
Before me, a Notary Public, duly commissioned, qualified and acting, appeared
by means of physical presence or online notarization who being by me first duly sworn
upon oath, says that s/he is the Attorney-in-Fact, for the and that s/he
has been authorized by to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of South Miami, Florida
Sworn and subscribed to before me this day of , 20 .
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
(Attach Power of Attorney)
END OF SECTION 4
41 of 75 69
ATTACHMENT A
SAMPLE OF CONTRACT
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made this day of
, 2023 (the “Effective Date”) by and between the CITY OF SOUTH MIAMI,
FLORIDA, a Florida municipal corporation, (the “City”), and [INSERT CONTRACTOR’S NAME], a
[INSERT TYPE OF ENTITY] (the “Contractor”).
WHEREAS, the City issued Invitation to Bid No. 2023-XX (the “ITB”) for construction of [INSERT
DESCRIPTION] at [LOCATION] (the “Project”), which ITB is incorporated herein by reference and
made a part hereof as Exhibit “A”; and
WHEREAS, in response to the City’s ITB, the Contractor submitted a bid for the Project (“Bid”),
which Bid is incorporated herein by reference and made a part hereof as Exhibit “B”; and
WHEREAS, Contractor submitted the lowest, responsive and responsible bid in the amount of [$]
in response to the ITB and was selected and awarded this Contract pursuant to Resolution No. for
performance of the Work (as hereinafter defined); and
WHEREAS, Contractor has represented to the City that it possesses the necessary qualifications,
experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the
terms and conditions set forth in this Contract.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the City agree as follows:
1. SCOPE OF WORK
1.1. Scope of Work. Contractor hereby agrees to furnish all of the labor, materials, equipment, services
and incidentals necessary to perform all of the work described in the Contract Documents (the
“Work” or the “Project”) including, without limitation as described in the approved plans, drawings
and/or specifications prepared by [INSERT PROJECT CONSULTANT] (the “Project
Consultant”) attached hereto as Exhibit “A” (the “Plans”) and any other documents incorporated
herein by reference and made a part of this Contract for the following Project:
[INSERT NAME OF PROJECT]
1.2. Pre-Construction Conference. Within fourteen (14) calendar days after this Contract is
executed by both parties, and before any Work has commenced, a pre-construction conference will
be held between the City, the Contractor, and the Project Consultant. The Contractor must submit
its project schedule and schedule of values, if applicable, prior to this conference.
1.3. Project Schedule. Contractor must submit a proposed Project Schedule as follows:
1.3.1. Schedule must identify the schedule for each location comprising the Project. The proposed
Project schedule must be submitted within ten (10) calendar days from the date this Contract is
executed by both parties for the review and approval of the Project Consultant or City as applicable.
This initial schedule shall establish the baseline schedule for the Project.
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1.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a
minimum submitted with each pay application. An updated schedule tracked against the baseline must
also be submitted upon execution of each Change Order that impacts the Contract Time. Failure to
submit such schedules will result in the rejection of any submitted payment application.
1.3.3. All Project Schedules must be prepared in Microsoft Project or approved equal by the City.
At the time of submission of schedules, Contractor must submit a hard copy as well as an electronic
version. Electronic versions must not be submitted in a .pdf format.
1.4. Records.
1.4.1. As-Built Drawings. During the Work, Contractor must maintain records of all deviations
from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Record
Drawings showing correctly and accurately all changes and deviations made during construction to
reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the
As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing
that the As-Built Record Drawings are correct and accurate, including the actual location of all
infrastructure, internal piping, and electrical/signal conduits in or below the concrete floor (indicating
the size, depth, and voltage in each conduit). To record actual construction, Contractor must legibly
mark on-site structures and site Work as follows:
1.4.1.1. Depths of various elements of foundation in relation to finish first floor datum.
1.4.1.2. All underground piping and ductwork with elevations and dimensions and locations of
valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground
utilities and appurtenances referenced to permanent surface improvements. Actual installed pipe
material, class, etc.
1.4.1.3. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning ducts with
locations of dampers, access doors, fans and other items needing periodic maintenance.
1.4.1.4. Field changes in dimensions and details.
1.4.1.5. Changes made by Project Consultant’s written instructions or by Change Order.
1.4.1.6. Details not on original Contract Drawings.
1.4.1.7. Equipment, conduit, electrical panel locations.
1.4.1.8. Project Consultant’s schedule changes according to Contractor’s records and shop
drawings.
1.4.1.9. Specifications and Addenda: Legibly mark each section to record:
1.4.1.9.1. Manufacturer, trade name, catalog number and Supplier of each product and item
of equipment actually installed.
1.4.1.9.2. Changes made by Project Consultant’s written instructions or by Change Order.
1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping,
electrical system and instrumentation system.
1.4.1.10.1. As-built documents must be updated monthly as a condition precedent to
payment. A final survey signed and sealed by a surveyor must be provided to the City at no
additional cost, including digital l (CAD and PDF) versions.
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1.4.1.10.2. For construction of new building, or building additions, field improvements, and
or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed
Registered Land Surveyor.
1.4.2. Record Set. Contractor must maintain in a safe place one record copy and one permit set
of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments,
COs, RFIs, and field directives, as well as all written interpretations and clarifications issued by the
Project Consultant, in good order and annotated to show all changes made during construction. The
record documents must be continuously updated by Contractor throughout the prosecution of the
Work to accurately reflect all field changes that are made to adapt the Work to field conditions,
changes resulting from COs and/or field directives as well as all written interpretations and
clarifications, and all concealed and buried installations of piping, conduit and utility services.
Contractor must certify the accuracy of the updated record documents. The record documents must
be clean, and all changes, corrections and dimensions must be given in a neat and legible manner in
red. Upon Final Completion and as a condition precedent to Contractor’s entitlement to final
payment, the Record Set must be delivered to the Project Consultant by the Contractor. The Record
Set of Drawing must be submitted in both hard copy and as electronic plot files.
1.4.3. Construction Photographs. Prior to commencement of the Work the Contractor must
take digital photographs and color audio-video recording to document existing conditions and submit
copies in an acceptable format to the City. Contractor must submit with each application for payment
photographs that accurately reflect the progress of all aspects of the Work. The number of
photographs to be taken will be based on the magnitude of the Work being performed. Contractor
must submit one copy of each photograph in print and digitally. The photographs must be printed on
8” X 10” high resolution glossy commercial grade and weight color photographic print paper or in a
format acceptable to the City. Each photograph must be imprinted on its face with the title of the
Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg
format and will be submitted through a file-sharing site (such as Dropbox) or on a CD-ROM or flash
drive clearly identifying the name of the Project, the name of the Contractor, and the timeframe in
which the pictures were taken. Initial set up prints will be submitted in a three-ring binder with each
picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in clear plastic
sleeves that can be added to the binder. The three-ring binder must be of such size to be able to hold
all print pictures.
1.5. Staging Site.
1.5.1. The Contractor is solely responsible for making all arrangements for any staging site(s) that
may be necessary for the performance of the Work and the Contractor is responsible for all site
security, including any fencing of the site, and any loss, damage or theft to its equipment and materials.
Any fencing of the Staging Site is subject to the prior written approval of the City.
1.5.2. The City at its sole discretion may make a staging site available for use by the Contractor. If
such site is made available by the City, the City assumes no responsibility or liability for the equipment
or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or
theft to its equipment and materials. The Contractor must restore the site to its pre-existing
condition prior to the Contractor’s use of the site.
1.5.3. The Contractor may be required to provide or may choose to use an office trailer for the
duration of the Project. The Contractor must have the prior written approval of the City as to the
use of any office trailer and the placement location for the office trailer. The Contractor must obtain
all required permits from the appropriate regulatory agencies.
1.5.4. No parking is permitted at a City provided staging site without the prior written approval of
the City.
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1.6. Purchase and Delivery, Storage and Installation. All materials must be F.O.B. delivered and
included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading
and installation of all equipment and material(s). Contractor must make all arrangement for delivery.
Contractor is liable for replacing any damaged equipment or material(s) and filing any and all claims with
suppliers. All transportation must comply with all federal, state (including FDOT), Miami-Dade County, and
local laws, rules and regulations. No materials will be stored on-site without the prior written approval of
the City.
1.7. Approval of Subcontractors. For any scope of work that the Contractor will utilize a
subcontractor, the Contractor may only retain or utilize the services of the particular subcontractor with
the prior written approval of the City Manager, which approval may be granted or withheld in the City
Manager’s sole and absolute discretion. The Contractor shall provide at least fourteen (14) days notice to
the City Manager and the Project Consultant of its intent to retain or utilize a subcontractor.
1.8. Project Signage. Contractor must furnish and install two (2) Project signs at the Project Site in
accordance with the requirements provided by the Project Consultant or the City as applicable.
2. CONTRACT TIME
2.1. Contractor shall be instructed to commence the Work by written instructions in the form of a Notice
to Proceed providing a commencement date and issued by the City Manager or designee. The Notice to
Proceed will not be issued until Contractor's submission to City of all required documents and after
execution of this Contract.
2.2. Time is of the essence throughout this Contract. The Contractor shall prosecute the Work with
faithfulness and diligence and the Work shall be substantially completed within [INSERT
SUBSTANTIAL COMPLETION TIME] calendar days from the date specified in the Notice
to Proceed (“Contract Time”). Substantial Completion shall be defined for this purpose as the date
on which City receives beneficial use of the Project. The Work shall be fully completed in
accordance with the Contract Documents within [INSERT FINAL COMPLETION TIME]
calendar days from the date specified in the Notice to Proceed (“Final Completion Time”).
The Final Completion date is defined as the date determined by the City when all Work, including punch
list items, has been completed in accordance with the Contract Documents and Contractor has delivered
to City all documentation required herein.
2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within
the Contract Time, Contractor shall pay to City the sum of [INSERT SUBSTANTIAL
COMPLETION LIQUIDATED DAMAGES] for each calendar day after the expiration of the
Contract Time that the Contractor fails to achieve Substantial Completion up until the date that the
Contractor achieves Substantial Completion. Upon failure of Contractor to fully complete the Work and
achieve Final Completion within the Final Completion Time, Contractor shall pay to City the sum of
[INSERT FINAL COMPLETION LIQUIDATED DAMAGES] for each calendar day after
expiration of the Final Completion Time that the Contractor fails to achieve Final Completion up until the
date that the Contractor achieves Final Completion. These amounts are not penalties but are liquidated
damages payable by Contractor to City for the failure to provide full beneficial occupancy and use of the
Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby
acknowledge the difficulty of determining the amount of damages that will be sustained by City as a
consequence of Contractor’s delay and failure of Contractor to complete the Work on time. The above-
stated liquidated damages shall apply separately to each phase of the Project for which a time for completion
is given.
2.4. City is authorized to deduct the liquidated damages from monies due to Contractor for the Work
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under this Contract. In case the liquidated damage amount due to City by Contractor exceeds monies due
Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City
the amount of said excess.
3. CONTRACT PRICE AND PAYMENT PROCEDURES
3.1. Guaranteed Maximum Price. The City shall pay the Contractor an amount not to exceed
$ for the performance of the Work in accordance with the line items
and unit prices included in Exhibit “B” (the “Contract Price”). The Contract Price shall be full compensation
for all services, labor, materials, equipment, and costs, including overhead and profit, associated with
completion of all the Work in full conformity with the Contract Documents and adjusted only by written
change orders signed by both parties and approved as required by local law. The Contract Price shall include
all applicable sales taxes as required by law.
3.2. Schedule of Values. The Contractor must submit two copies of schedule of values within ten (10)
calendar days from the date this Contract is executed by both parties. The schedule of values shall
indicate a complete breakdown of labor and material of all categories of Work on the Project.
Contractor’s overhead and profit must be listed as separate line items. Each line item must be identified
with the number and title of the major specification section or major components of the items. The
Project Consultant or City as applicable may require further breakdown after review of the Contractor’s
submittal. The City reserves the right to require such information from the Contractor as may be
necessary to determine the accuracy of the schedule of values. The combined total value for mobilization
under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Schedule
of Values must be incorporated into the Contractor’s payment application form. The Contractor
guarantees that each individual line item contained in the schedule of values submitted as part of a
competitive solicitation shall not be increased without written approval by the City Manager.
3.3. Payment Application Procedures. City shall make progress payments, deducting the amount
from the Contract Price above on the basis of Contractor’s Applications for Payment on or before
twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the City shall be
within twenty (20) days after receipt of the Pay Application. Any rejection shall specify the applicable
deficiency and necessary corrective action. Any undisputed portion shall be paid as specified above. All
such payments will be made in accordance with the Schedule of Values established in the Contract
Documents or, in the event there is no Schedule of Values, as otherwise provided in the Contract
Documents. In the event the Contract Documents do not provide a Schedule of Values or other
payment schedule, Applications for Payment shall be submitted monthly by Contractor on or before
the 10th of each month for the prior month to the Project Consultant. Progress payments shall be made
in an amount equal to the percentage of Work completed as determined by the City or City’s Project
Consultant, but, in each case, less the aggregate of payments previously made and less such amounts as
City shall determine or City may withhold taking into account the aggregate of payments made and the
percentage of Project completion in accordance with the Contract Documents and Schedule of Values,
if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or
Pay Application (the “Retainage”) shall be retained by City until final completion and acceptance of the
Work by City. In the event there is a dispute between Contractor and City concerning a Pay Application,
dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the
disputed Payment Application. The City shall reach a conclusion within 15 days thereafter and promptly
notify Contractor of the outcome, including payment, if applicable.
3.4. Progress Payment Applications. Each progress payment application submitted to the City
must include:
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3.4.1. A sworn and certified progress payment affidavit indicating that all laborers, material
suppliers, and subcontractors dealing with the Contractor were paid in full as it relates to all
Work performed up to the time of the request for payment;
3.4.2. Partial conditional releases or waivers of lien by the Contractor, material suppliers,
subcontractors, and any lienors serving a Notice to the City and evidence of proof of payment of
any indebtedness incurred with respect to the Work of the Contractor as may be required by
the City;
3.4.3. Evidence that all Work was fully performed as required by the Contract Documents up to
the time of the request for payment and that the Work was inspected and accepted by the City
and any other governmental authorities required to inspect the Work; and
3.4.4. An updated Project schedule, including a two-week look-ahead schedule, as approved in
writing by the City Manager.
3.4.5. All Buy-Out Savings, including supporting documentation relating to the calculation of the
Buy-Out Savings.
3.5. Final Payment. Upon Final Completion of the Work by Contractor in accordance with the
Contract Documents and acceptance by the City, and upon receipt of consent by any surety, City shall
pay the remainder of the Contract Price (including Retainage) as recommended by the City’s Project
Consultant and Building Official. Final payment is contingent upon receipt by City from Contractor of:
3.5.1. An affidavit that payrolls, bills for materials, equipment, and other indebtedness were paid
in full as it relates to all Work performed under this Contract;
3.5.2. A certificate evidencing that insurance required by the Contract Documents shall remain
in effect after final payment is made;
3.5.3. A written statement that the Contractor knows of no reason that the insurance will not
be renewable to cover the period required by the Contract Documents;
3.5.4. Documentation of any special warranties, including, but not limited to, any manufactures’
warranties or specific subcontractor warranties;
3.5.5. Evidence that all Punch List items have been fully completed to the satisfaction of the City;
3.5.6. All previously undelivered manufacturer and subcontractor guarantees, warranties, and
manuals and documents required by the Contract Documents;
3.5.7. Final releases of lien, waivers of claim, satisfactions of liens or claims, and such other affidavits
as may be reasonably required by the City to assure a lien-free and claim-free completion of the
Work;
3.5.8. Evidence that the Contractor has fully cleaned and restored the site, including removal of all
rubbish and debris;
3.5.9. At least one complete set of as-built plans, reflecting an accurate depiction of Contractor’s
Work;
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3.5.10. .Such other documents necessary to show that the Contractor has complied with all
other requirements of the Contract Documents; and
3.5.11. Cost Savings, including supporting documentation used to calculate the Cost Savings.
3.6. Payment Withholding. The City may withhold any payment, including a final payment, for
application to such extent as may be necessary, as determined by the City’s Project Consultant, to protect
the City from loss for which the Contractor is responsible in the event that:
3.6.1. The Contractor performs defective Work and such Work has not been corrected, provided
that the amount withheld shall be limited to the amount sufficient to cover such defective Work;
3.6.2. A third-party files a claim or lien in connection with the Work or this Contract;
3.6.3. The Contractor fails to make payments properly to subcontractors or suppliers for labor,
materials, or equipment which has been paid by the City, provided that the amount withheld shall be
limited to the amount sufficient to cover such payments to subcontractors or suppliers for labor,
materials, or equipment;
3.6.4. The City has reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum;
3.6.5. The Contractor, its employees, subcontractors, or agents have damaged the City;
3.6.6. The City has reasonable evidence that the Work will not be completed within the Contract
Time and that the unpaid balance would not be adequate to cover liquidated damages for the
anticipated delay;
3.6.7. The Contractor has failed to progress the Work satisfactorily and/or according to the
Contract Schedule;
3.6.8. The Contractor has failed to carry out the Work in accordance with the Contract
Documents;
3.6.9. The Contractor has failed to provide requisite releases of lien for each payment application
in accordance with the Contract Documents; and/or
3.6.10. Any other failure to perform a material obligation contained in the Contract Documents.
3.7. No Waiver of City Rights. The payment of any Application for Payment by the City, including
the final request for payment, does not constitute approval or acceptance by the City of any item of the
Work reflected in such Application for Payment, nor shall it be construed as a waiver of any of the City
’s rights hereunder or at law or in equity.
3.8. Payment to Sub-Contractors; Certification of Payment to Subcontractors. The term
“subcontractor,” as used herein, includes persons or firms furnishing labor, materials or equipment
incorporated into or to be incorporated into the Work or Project. The Contractor is required to pay all
subcontractors for satisfactory performance of their contracts as a condition precedent to payment to
Contractor by the City. The Contractor shall also return all retainage withheld to the subcontractors within
30 days after the subcontractor’s work is satisfactorily complete and accepted by the City.
3.9. Cost Savings and Value Engineering.
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3.9.1. Cost Savings. In the event the Contractor rebids or renegotiates with any subcontractor
to reduce subcontractor costs for the performance of the Work, then the difference between (i) the
sum of the subcontractor costs used to establish the Contract Price, as set forth in the Schedule of
Values, and (ii) the sum of the revised subcontractor costs, including any early payment or similar
discounts (the “Cost Savings”), shall revert to the City. The Contract Price shall be adjusted in
accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised
to reflect the new Contract Price.
3.9.2. Value Engineering. Contractor shall participate in Value Engineering the Contract
Documents with the City and the Architect with the goal of finding acceptable means for reducing
the cost of the Work. Upon acceptance by the City of recommendation for Value Engineering, the
Contract Documents shall be modified to reflect such changes. All savings in connection with Value
Engineering of the Work shall revert to City.
4. CONTRACT DOCUMENTS
4.1. The Contract Documents, which comprise the entire agreement between the City and the
Contractor concerning the Work, consist of this Contract for Construction (including any change orders
and amendments thereto), the Plans and Specifications attached hereto as Exhibit “A” (the “Plans and
Technical Specifications”), the ITB and any Bidding Documents or procurement documents for the Project,
the Contractor’s Bid for the Project (including the Schedule of Bid Items-Pricing) attached hereto as Exhibit
“B”, the Bonds (defined herein), Insurance Certificates, the Notice of Award, and the Notice to Proceed,
all of which are deemed incorporated into and made a part of this Contract by this reference and govern
this Project.
4.2. This Contract incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings concerning the subject matter of these Contract
Documents that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or written.
4.3. The Contract Documents shall remain the property of the City. The Contractor shall have the right
to keep one record set of the Contract Documents upon completion of the Project; however in no
circumstances shall the Contractor use, or permit to be used, any or all of such Contract Documents on
other projects without the City's prior written authorization.
4.4. Conflicts; Order of Priority. This document without exhibits is referred to as the “Base
Agreement.” In the event of a conflict between the terms of this Base Agreement and any exhibits or
attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved
in the following order of priorities and the more stringent criteria for performance of the Work shall
apply:
4.4.1. First Priority: Change Orders with later date taking precedence;
4.4.2. Second Priority: This Base Agreement;
4.4.3. Third Priority: Exhibit “A,” the Plans and Technical Specifications;
4.4.4. Fourth Priority: Exhibit “B,” the Bid; and
4.4.5. Fifth Priority: Contract Documents, excluding this Base Agreement and Exhibits listed in
this Section.
5. INDEMNIFICATION
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5.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless
the City, its officers, agents, consultants, and employees, from and against any and all demands,
claims, losses, expenses, suits, liabilities, causes of action, judgment or damages, including but not
limited to legal fees and costs and through appeal, arising out of, related to, resulting from, or in any
way connected with Contractor’s negligence, recklessness, or intentional misconduct in the
Contractor’s performance or non-performance of this Contract, Contractor’s obligations, or the
Work related to the Contract, including but not limited to by reason of any damage to property,
or bodily injury or death incurred or sustained by any person, or to injury to or destruction of
tangible property or any other property (other than the Work itself) including the loss of use
resulting therefrom, caused in whole or in part by any willful, wanton, or negligent, or grossly
negligent acts or omissions of Contractor, any subcontractor, any person or organization directly
or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder or arises by or is imposed by applicable law and regardless of the negligence
of any such party.. Additionally, the Contractor shall defend, indemnify, and hold the City harmless
from all losses, injuries or damages and wages or overtime compensation due its employees in
rendering services pursuant to this Contract, including payment of reasonable attorneys’ fees and
costs in the defense of any claim made under the Fair Labor Standards Act, Title VII of the Civil
Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act
or any other employment related litigation or worker’s compensation claims under federal, state,
or local law.
5.2. The provisions of this section shall survive termination of this Contract.
6. INSURANCE AND BONDS
6.1. Insurance.
6.1.1. Contractor shall secure and maintain throughout the duration of this Contract insurance
of such types and in such amounts not less than those specified below as satisfactory to the City,
naming the City as an Additional Insured, underwritten by a firm rated A-X or better by Bests
Rating and qualified to do business in the State of Florida. Certificates of Insurance shall be
provided to the City, reflecting the City as an Additional Insured, no later than ten (10) days after
award of this Contract and prior to the execution of this Contract by City and prior to
commencing any Work. Each certificate shall include no less than (30) thirty-day advance written
notice to City prior to cancellation, termination, or material alteration of said policies or
insurance. The insurance coverage shall be primary insurance with respect to the City, its officials,
employees, agents and volunteers naming the City as additional insured. Any insurance maintained
by the City shall be in excess of the Contractor’s insurance and shall not contribute to the
Contractor’s insurance. The insurance coverages shall include at a minimum the amounts set forth
in this Section 6.1.
6.1.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This
Liability Insurance shall also include Completed Operations and Product Liability coverages and
eliminate the exclusion with respect to property under the care, custody and control of
Contractor. The General Aggregate Liability limit (except for Products/Completed Operations)
shall be in the amount of $2,000,000.
6.1.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees
for statutory limits as required by applicable State and Federal laws. The policy(ies) must
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include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No
employee, subcontractor or agent of the Contractor shall be allowed to provide Services
pursuant to this Agreement who is not covered by Worker’s Compensation insurance. In
order for this requirement to be waived, Contractor must provide proof of exemption from
such laws. Information regarding eligibility for an exemption from the State of Florida
Workers’ Compensation Law is available at:
https://www.myfloridacfo.com/Division/wc/PublicationsFormsManualsReports/Brochures/Ke
y-Coverage-and-Eligibility.pdf.
Exemptions may be applied for online through the Florida Department of Financial Services,
Division of Workers’ Compensation at:
https://www.myfloridacfo.com/Division/wc/Employer/Exemptions/default.htm.
6.1.1.3. Business Automobile Liability with minimum limits of $1,000,000 per Occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on
a form no more restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and must include
Owned, Hired, and Non-Owned Vehicles.
6.1.1.4. Builder’s Risk property insurance upon the entire Work to the full replacement cost
value thereof. This insurance shall include the interest of City and Contractor and shall
provide All-Risk coverage against loss by physical damage including, but not limited to, Fire,
Extended Coverage, Theft, Vandalism and Malicious Mischief. If Builder’s Risk insurance is not
required for this Project, the City shall select this box: ☐.
6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any portion of the
Work damaged, destroyed, lost or stolen until Final Completion has been achieved for the
Project, and all such Work shall be fully restored by the Contractor, at its sole cost and
expense, in accordance with the Contract Documents.
6.1.2. Certificate of Insurance. On or before the Effective Date of this Contract, the
Contractor shall provide the City with Certificates of Insurance for all required policies. The
Contractor shall be responsible for assuring that the insurance certificates required by this Section
remain in full force and effect for the duration of this Contract, including any extensions or
renewals that may be granted by the City. The Certificates of Insurance shall not only name the
types of policy(ies) provided, but also shall refer specifically to this Contract and shall state that
such insurance is as required by this Contract. The City reserves the right to inspect and return
a certified copy of such policies, upon written request by the City. If a policy is due to expire prior
to the completion of the Work, renewal Certificates of Insurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed
with a provision that not less than thirty (30) calendar days’ written notice shall be provided to
the City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s)
is subject to approval of the City.
6.1.2.1. Additional Insured. The City is to be specifically included as an Additional
Insured for the liability of the City resulting from Work performed by or on behalf of the
Contractor in performance of this Contract. The Contractor’s insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any other
insurance maintained by the City shall be in excess of and shall not contribute to the
Contractor’s insurance. The Contractor’s insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the insurance shall
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apply to each Insured or Additional Insured (for applicable policies) in the same manner as if
separate policies had been issued to each.
6.1.2.2. Deductibles. All deductibles or self-insured retentions must be declared to and
be reasonably approved by the City. The Contractor shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
6.1.3. The provisions of this section shall survive termination of this Contract.
6.2. Bonds. Prior to performing any portion of the Work the Contractor shall deliver to City the
Bonds required to be provided by Contractor hereunder (the bonds referenced in this Section are
collectively referred to herein as the “Bonds”). Pursuant to and in accordance with Section 255.05,
Florida Statutes, the Contractor shall obtain and thereafter at all times during the performance of the
Work maintain a separate performance bond and labor and material payment bond for the Work, each
in an amount equal to one hundred percent (100%) of the Contract Price and each in the form provided
in the Contract Documents or in other form satisfactory to and approved in writing by City and
executed by a surety of recognized standing with a rating of B plus or better for bonds up to Two Million
Dollars. The surety providing such Bonds must be licensed, authorized and admitted to do business in
the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The
cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting
the Scope of the Work, the Contract Price, Contract Time or any of the provisions of the Contract
Documents is required by the provisions of any bond to be given to a surety, the giving of any such
notice shall be Contractor’s sole responsibility, and the amount of each applicable bond shall be adjusted
accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida
is terminated or it ceases to meet applicable law or regulations, the Contractor shall, within five (5) days
of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be
satisfactory to City. As authorized by Section 255.05(1)(a), Florida Statutes, if this Project is exempt
from posting of a payment and performance bond, the City shall select this box: ☒.
7. CONTRACTOR’S REPRESENTATIONS AND WARRANTIES
7.1. In order to induce the City to enter into this Contract, the Contractor makes the following
representations and warranties:
7.1.1. Contractor represents the following:
7.1.1.1. Contractor has examined and carefully studied the Contract Documents and the
other data identified in the bidding documents, including, without limitation, the “technical
data” and plans and specifications and the Plans.
7.1.1.2. Contractor has visited the Project site and become familiar with and is satisfied as to
the general and local conditions and site conditions that may affect cost, progress,
performance or furnishing of the Work.
7.1.1.3. Contractor is familiar with and is satisfied as to all federal, state and local laws,
regulations and permits that may affect cost, progress, performance and furnishing of the
Work. Contractor agrees that it will at all times comply with all requirements of the foregoing
laws, regulations and permits.
7.1.1.4. Contractor has made, or caused to be made, examinations, investigations, tests
and/or studies as necessary to determine surface and subsurface conditions at or on the site.
Contractor acknowledges that the City does not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with
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respect to underground or ground facilities at, contiguous or near the site or for existing
improvements at or near the site. Contractor has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface, subsurface
and underground facilities and improvements) at, contiguous or near to the site or otherwise
which may affect cost, progress, performance or furnishing of the Work or which relate to
any aspect of the means, methods, techniques, sequences and procedures of construction to
be employed by Contractor and safety precautions and programs incident thereto.
Contractor does not consider that any additional examinations, investigations, explorations,
tests, studies or data are necessary for the performance and 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.
7.1.1.5. Contractor is aware of the general nature of Work to be performed by the City and
others at the site that relates to the Work as indicated in the Contract Documents.
7.1.1.6. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data
with the Contract Documents.
7.1.1.7. Contractor has given City written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to Contactor, and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications
and skills to perform the Work and that the Work shall be executed in a good and
workmanlike manner, free from defects, and that all materials shall be new and approved by
or acceptable to City, except as otherwise expressly provided for in the Contract Documents.
The Contractor shall cause all materials and other parts of the Work to be readily available
as and when required or needed for or in connection with the construction, furnishing and
equipping of the Project.
7.2. No recovery for changed market conditions.
7.2.1. In entering into the Contract, Contractor represents and warrants that it has accounted
for any and all inflation-related events, recession, labor or material shortages, supply chain
disruptions, delivery lead time, or price increases that may be caused by local and or national
conditions, whether known or unknown at the time of entering into the Contract (the “Market
Conditions”). Contractor further specifically represents and warrants that it has considered all
impacts and potential impacts, including any current and future supply chain disruptions and labor
shortages, associated with the following events: (1) worldwide pandemics including, but not limited
to, COVID-19 and Monkey Pox (the “Pandemics”) and (2) the current military conflict involving
Russia and the Ukraine (the “Ukraine Military Conflict”). Contractor also represents and warrants
that in determining time requirements for procurement, installation, and construction completion,
Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the
Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and
Contract Sum.
7.2.2. Contractor shall not seek any price increases or time extensions relating to or arising from
the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict.
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7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the
Contract Time in connection with any failure by the Contractor to comply with the requirements
of this Section.
7.3. Contractor warrants the following:
7.3.1. Anti-Discrimination. Contractor agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit or service under
this Contract because of race, color, religion, sex, national origin, or physical or mental handicap
where the handicap does not affect the ability of an individual to perform in a position of
employment, and agrees to abide by all federal and state laws regarding non-discrimination.
7.3.2. Anti-Kickback. Contractor warrants that no person has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, and that no employee or officer of the City has any interest,
financially or otherwise, in the Project. For breach or violation of this warranty, the City shall have
the right to annul this Contract without liability or, in its discretion, to deduct from the Contract
Price or consideration, the full amount of such commission, percentage, brokerage or contingent
fee.
7.3.3. Licensing. Contractor represents that it is a properly qualified and licensed contractor in
good standing within the jurisdiction within which the Project is located. Contractor warrants
that it shall have, prior to commencement of Work under this Contract and at all times during
said Work, all required licenses from the federal, state, Miami-Dade County, City, or other
governmental or regulatory entity. Contractor acknowledges that it is the obligation of
Contractor to obtain all licenses required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
licenses.
7.3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under
this Contract and at all times during said Work, all required permits from the federal, state, Miami-
Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that
are necessary to perform the Work. Contractor acknowledges that it is the obligation of
Contractor to obtain all permits required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
permits. City building permit fees may be waived for this Project. If permits are required by any
other governing body or agency, the Contractor shall be obligated to pay the fees.
7.4. Defective Work; Warranty and Guarantee.
7.4.1. City shall have the authority to reject or disapprove Work which the City finds to be
defective. If required by the City, Contractor shall promptly either correct all defective Work or
remove such defective Work and replace it with non-defective Work. Contractor shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing laboratories
and personnel.
7.4.2. Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within the time
indicated in writing by the City or its designee, City shall have the authority to cause the defective
Work to be removed or corrected, or make such repairs as may be necessary at Contractor's
expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of failure of
Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default.
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7.4.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment
furnished and Work performed for a period of three (3) years from the date of Substantial
Completion. If, within three (3) years after the date of substantial completion, any of the Work is
found to be defective or not in accordance with the Contract Documents, Contractor, after receipt
of written notice from City, shall promptly correct such defective or nonconforming Work within
the time specified by City without cost to City. Should the manufacturer of any materials and
equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty
to the City prior to Final Completion. Nothing contained herein shall be construed to establish a
period of limitation with respect to any other obligation which Contractor might have under the
Contract Documents including but not limited to any claim regarding latent defects. Contractor shall
provide and assign to City all material and equipment warranties upon completion of the Work
hereunder.
7.4.4. Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered.
8. DEFAULT, TERMINATION, AND SUSPENSION; REMEDIES
8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work
with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the
Work within the Contract Time or Final Completion Time as specified in Section 2, or shall perform the
Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution
of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term
set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or
commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or
from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon
seven (7) days after sending Contractor a written Notice of Termination, terminate the services of
Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work,
appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable,
and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not
be entitled to receive any further payment until the Project is completed. All damages, costs and charges
incurred by City, together with the costs of completing the Project, shall be deducted from any monies due
or which may become due to Contractor. In case the damages and expenses so incurred by City shall
exceed monies due Contractor from City, Contractor shall be liable and shall pay to City the amount of
said excess promptly upon demand therefore by City. In the event it is adjudicated that City was not entitled
to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed
terminated by City for convenience as described below.
8.2. Termination for Convenience. This Contract may be terminated by the City for convenience
upon seven (7) calendar days’ written notice to the Contractor. In the event of such a termination, the
Contractor shall incur no further obligations in connection with the Project and shall, to the extent
possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated
for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly
submit to the City its Application for Payment for final payment which shall comply with the provisions
of the Contract Documents.
8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon
seven (7) calendar days’ written notice to the Contractor or immediately if suspended in connection
with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to
additional Contract Time as a non-compensable, excusable delay.
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8.4. Termination Due to Lack of Funding. This Contract is subject to the conditions precedent that:
(i) City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price;
(ii) the City secures and obtains any necessary proceeds, grants, and/or loans for the accomplishment of
the Work and/or the Project pursuant to any borrowing legislation adopted by the City Council relative to
the Project; and (iii) City Council enacts legislation which awards and authorizes the execution of this
Contract if such is required.
8.5. No Damages for Delay. No claim for damages or any claim, other than for an extension of time
shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an increase
in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to, costs of acceleration or
inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled
only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay.
8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of
which shall be the subject of any Change Order or Claim and none of which shall be compensated for
except as they may have been included in the Contractor’s Contract Price as provided in the Contract
Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business
opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid,
inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare,
negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential
costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted
Work.
8.7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation.
8.8. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder and in accordance with this Contract shall be in addition to
and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by
law.
9. CHANGES IN THE WORK
9.1. Change Orders.
9.1.1. Without invalidating the Contract Documents, and without notice to any Surety, the City
reserves the right to make increases, decreases or other changes in the character or quantity of the
Work under the Contract Documents as may be considered necessary or desirable to complete the
Work in a manner satisfactory to the City. The City reserves the right to order changes, which may
result in additions to or reductions from the amount, type or value of the Work shown in the
Contract, and which are within the general scope of the Contract Documents, and all such changes
will be authorized only by a change order (“CO”) approved in advance, and issued in accordance with
provisions of the Contract Documents.
9.1.2. For Contractor initiated change orders, the Contractor is required to provide the Project
Consultant with a detailed Request for Change Order (“RCO”) in a form approved by the City,
which must include the requested revisions to the Contract, including, but not limited to, adjustments
in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting
documentation to demonstrate the reasonableness of the RCO. The City may require Contractor
to provide additional data including, but not limited to, a cost breakdown of material costs, labor
costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable,
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the RCO must include any schedule revisions accompanied by an explanation of the cost impact of
the proposed change. Failure to include schedule revisions in an RCO will be deemed as the
Contractor’s acknowledgement that the changes included in an RCO will not affect the project
schedule.
9.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price, must be
effectuated through a written CO executed by both parties and, if required by the City Code of
Ordinances, approved by the City Council.
9.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given
that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to
proceed on a time and materials basis or make such arrangements as may be deemed necessary to
complete the proposed additional Work at the unit prices provided in the Contract Documents.
Where the City directs the Contractor to proceed on a time and materials basis, the City shall
impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all
labor and material costs including but not limited to payroll records and material receipts. Contractor
must demonstrate its costs with sufficient evidence to be entitled to compensation from the City.
9.2. Continuing the Work. Contractor must continue to perform all Work under the Contract
Documents during all disputes or disagreements with City, including disputes or disagreements concerning
an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements.
10. MISCELLANEOUS
10.1. No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part
without the written consent of the other, nor shall Contractor assign any monies due or to become due
to it hereunder, without the previous written consent of the City Manager.
10.2. Contractor’s Responsibility for Damages and Accidents.
10.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of any
nature sustained until final acceptance by City and shall promptly repair any damage done from any
cause.
10.2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the
Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or
destroyed prior to final acceptance by City, Contractor shall replace same without cost to City.
10.3. Governing Law. This Contract shall be construed in accordance with and governed by the laws
of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in
Miami-Dade County, Florida.
10.4. Waiver of Jury Trial. CITY AND CONTRACTOR KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY
JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION,
PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR
CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE
CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY.
10.5. Prevailing Party; Attorneys’ Fees. In the event of any controversy, claim, dispute or litigation
between the parties arising from or relating to this Contract (including, but not limited to, the
enforcement of any indemnity provisions), the prevailing party shall be entitled to recover from the non-
prevailing party all reasonable costs, expenses, paralegals’ fees, experts’ fees and attorneys' fees including,
but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the
prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated
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with discovery, processing, management, hosting, and production of electronically stored information
(ESI).
10.6. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in
particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this
Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed
to be incorporated herein.
10.7. Examination and Retention of Contractor’s Records.
10.7.1. The City or any of its duly authorized representatives shall, for five (5) years after final
payment under this Contract, have access to and the right to examine any of the Contractor’s books,
ledgers, documents, papers, or other records involving transactions related to this Contract for the
purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees
to comply specifically with the provisions of Section 119.0701, Florida Statutes.
10.7.2. The Contractor agrees to include in any subcontractor contracts for this Project
corresponding provisions for the benefit of City providing for retention and audit of records.
10.7.3. The right to access and examination of records stated herein and in any subcontracts shall
survive termination or expiration of this Contract and continue until disposition of any mediation,
claims, litigation or appeals related to this Project.
10.7.4. The City may cancel and terminate this Contract immediately for refusal by the Contractor
to allow access by the City Manager or designees to any Records pertaining to work performed
under this Contact that are subject to the provisions of Chapter 119, Florida Statutes.
10.8. Authorized Representative.
10.8.1. Before commencing the Work, Contractor shall designate a skilled and competent
authorized supervisor and representative (“Authorized Representative”) acceptable to City to
represent and act for Contractor and shall inform City, in writing, of the name and address of
such representative together with a clear definition of the scope of his authority to represent and
act for Contractor. Contractor shall keep City informed of any subsequent changes in the
foregoing. Such representative shall be present or duly represented at the Project site at all times
when Work is actually in progress. All notices, determinations, instructions and other
communications given to the authorized representatives of Contractor shall be binding upon the
Contractor.
10.8.2. The Authorized Representative, project managers, superintendents and supervisors for
the Project are all subject to prior and continuous approval of the City. If, at any time during the
term of this Contract, any of the personnel either functionally or nominally performing any of the
positions named above, are, for any reasonable cause whatsoever, unacceptable to the City,
Contractor shall replace the unacceptable personnel with personnel acceptable to the City.
10.9. Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may
be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof
shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all
payroll deductions required by law. Contractor herein indemnifies and holds the City harmless from
any liability on account of any and all such taxes, levies, duties and assessments.
10.10. Utilities. Contractor shall, at its expense, arrange for, develop and maintain all utilities at the
Project to perform the Work and meet the requirements of this Contract. Such utilities shall be
furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor
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shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the
requirements of this Contract.
10.11. Safety. Contractor shall be fully and solely responsible for safety and conducting all operations
under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and
damage to property and in full compliance with Occupational Safety and Health Act requirements and
all other similar applicable safety laws or codes. Contractor shall continually and diligently inspect all
Work, materials and equipment to discover any conditions which might involve such risks and shall be
solely responsible for discovery and correction of any such conditions. Contractor shall have sole
responsibility for implementing its safety program. City shall not be responsible for supervising the
implementation of Contractor's safety program, and shall not have responsibility for the safety of
Contractor's or its subcontractor's employees. Contractor shall maintain all portions of the Project site
and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors
performing Work comply with the foregoing safety requirements.
10.12. Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean
and safe condition. Upon completion of any portion of the Work, Contractor shall promptly remove all
of its equipment, construction materials, temporary structures and surplus materials not to be used at
or near the same location during later stages of Work. Upon completion of the Work and before final
payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials
and other equipment and materials belonging to it or used in the performance of the Work and
Contractor shall leave the Project in a neat, clean and safe condition. In the event of Contractor's failure
to comply with the foregoing, the same may be accomplished by City at Contractor's expense.
10.13. Liens. Contractor shall not permit any mechanic’s, laborer’s or materialmen’s lien to be filed against
the Project site or any part thereof by reason of any Work, labor, services or materials supplied or claimed
to have been supplied to the Project. In the event such a lien is found or claimed against the Project,
Contractor shall within ten (10) days after notice of the lien discharge the lien or liens and cause a
satisfaction of such lien to be recorded in the public records of Miami-Dade County, Florida, or cause
such lien to be transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court
of Miami-Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event
Contractor fails to so discharge or bond the lien or liens within such period as required above, City
shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally,
City shall thereafter have the right, but not the obligation, to retain out of any payment then due or to
become due Contractor, one hundred fifty percent (150%) of the amount of the lien and to pay City ’s
reasonable attorneys' fees and costs incurred in connection therewith.
10.14. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes,
and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including
execution of any required affidavit.
10.15. Independent Contractor. The Contractor is an independent contractor under the Contract.
This Contract does not create any partnership nor joint venture. Services provided by the Contractor shall
be by employees of the Contractor and subject to supervision by the Contractor, and not as officers,
employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures, applicable to services
rendered under the Contract shall be those of the Contractor.
10.16. Notices/Authorized Representatives. Any notices required by this Contract shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered
or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed
to the parties (or their successors) at the addresses listed on the signature page of this Contract or
such other address as the party may have designated by proper notice.
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10.17. Ownership and Access to Records and Audits.
10.17.1. Contractor acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and all similar
or related information (whether patentable or not) which relate to Services to the City which are
conceived, developed or made by Contractor during the term of this Contract (“Work Product”)
belong to the City. Contractor shall promptly disclose such Work Product to the City and
perform all actions reasonably requested by the City (whether during or after the term of this
Contract) to establish and confirm such ownership (including, without limitation, assignments,
powers of attorney and other instruments).
10.17.2. Contractor agrees to keep and maintain public records in Contractor’s possession or
control in connection with Contractor’s performance under this Contract. The City Manager or
her designee shall, during the term of this Contract and for a period of five (5) years from the
date of termination of this Contract, have access to and the right to examine and audit any records
of the Contractor involving transactions related to this Contract. Contractor additionally agrees
to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of the
Contract, and following completion of the Contract until the records are transferred to the City.
10.17.3. Upon request from the City’s custodian of public records, Contractor shall provide the
City with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law.
10.17.4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Contract are and shall remain the property of the City.
10.17.5. Upon completion of this Contract or in the event of termination by either party, any
and all public records relating to the Contract in the possession of the Contractor shall be
delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Contractor shall be delivered to the City in a format
that is compatible with the City’s information technology systems. Once the public records have
been delivered upon completion or termination of this Contract, the Contractor shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
10.17.6. Any compensation due to Contractor shall be withheld until all records are received as
provided herein.
10.17.7. Contractor’s failure or refusal to comply with the provisions of this section shall result
in the immediate termination of this Contract by the City.
10.17.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address: 6130 Sunset Drive
South Miami, FL 33143
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Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
10.18. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires
all contractors doing business with the City to register with and use the E -Verify system to verify
the work authorization status of all newly hired employees. The City will not enter into a contract
unless each party to the contract registers with and uses the E-Verify system. The contracting entity
must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the
contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-
verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into
this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes;
will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including
but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required
affidavit attached hereto and incorporated herein.
11. SPECIAL CONDITIONS
The following provisions in this Section 10 supersede any other provisions contained in this Contract only
to the extent of any conflict with same. These provisions are particular to a given transaction and are
transaction specific:
11.1. Unsatisfactory Personnel.
11.1.1. Contractor must at all times enforce strict discipline and good order among its employees
and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or
anyone not skilled in the Work to which they are assigned.
11.1.2. The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Subcontractor
engaged by the Contractor to provide and perform services or Work pursuant to the requirements
of the Contract Documents. The Contractor must respond to the City within five (5) calendar days
of receipt of such request with either the removal and replacement of such personnel or written
justification as to why that may not occur. The City will make the final determination as to the
removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any
of such individual(s) does not require the termination or demotion of said individual(s).
11.2. Hours of Work. Contractor shall conform to and obey all applicable laws, regulations, or ordinances
with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall
conduct its operations so as not to interfere with or close any thoroughfare, without the written consent
of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in
accordance with the requirements and limitations of applicable law including, without limitation, the City
Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above
without the prior written approval of the City.
11.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law,
or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic (“MOT”)
must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further
stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department
of Transportation, FHWA), must be followed in the design, application, installation, maintenance and
removal of all traffic control devices, warning devices and barriers necessary to protect the public and
workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and
protected at all times. Prior to commencement of the Work, Contractor must provide the City with a
61 of 75 89
proposed MOT plan for review. The City may require revisions to the proposed MOT plan. The MOT plan
must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the
issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays
resulting from its failure to provide the required MOT plan.
11.4. Royalties and Patents. All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner
be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract
for said Work.
11.5. Substitutions. Substitution of any specified material or equipment requires the prior written
acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient
information and documentation to the Project Consultant to allow for a thorough review and determination
on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the
Contractor’s responsibility to meet the requirements of the Contract Documents. The City may require
an adjustment in price based on any proposed substitution.
11.6. Severe Weather Preparedness. During such periods of time as are designated by the United
States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch
or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work
in response to all threatened storm events, regardless of whether the Contractor has been given notice of
same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather
event or alert precautions will not constitute additional work. Suspension of the Work caused by a
threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle
the Contractor to additional Contract Time as non-compensable, excusable delay.
11.7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the
Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds
allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). Towards that end, the
Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including
any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as
further detailed in the ARPA Contract Conditions. If compliance with the ARPA Addendum is required,
the City shall select this box: ☐.
11.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded
utilizing funds from the grants listed below (each a “Grant”). Accordingly, the Contractor warrants and
represents that it has reviewed the terms and conditions for each Grant and will perform the Work in
accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds,
the City shall select this box: ☐.
Grant Title Grant Agreement Exhibit
If the Work will be funded utilizing Grant funds, the City shall select this box:.
11.9. DBE Contract Assurance.
11.9.1. The City affirms it has encouraged women-owned, minority-owned, and disadvantaged
businesses of the Project and be responsive to the opportunity of the award of this Contract.
62 of 75 90
11.9.2. Contractor, or any subcontractor performing Work under this Contract, shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.
Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and
administration of this Contract. Failure by the Contractor to carry out these requirements is a
material breach of this Contract, which may result in the termination of this Contract or such
other remedy as the City deems appropriate.
11.10. Scrutinized Companies.
11.10.1. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies
that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this
Agreement at its sole option if the Contractor or its subcontractors are found to have submitted
a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the
Agreement.
11.10.2. If this Agreement is for more than one million dollars, the Contractor certifies that it
and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section
287.135, F.S., the City may immediately terminate this Agreement at its sole option if the
Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or
if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or engaged with business operations in Cuba or Syria during the term of the
Agreement.
11.10.3. The Contractor agrees to observe the above requirements for applicable subcontracts
entered into for the performance of work under this Agreement.
11.10.4. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-
stated contracting prohibitions then they shall become inoperative.
63 of 75 91
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year as first stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
CONTRACTOR
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(email)
With a copy to:
(telephone)
(email)
64 of 75 92
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with
the City to register with and use the E-Verify system to verify the work authorization status of all newly
hired employees. The City will not enter into a contract unless each party to the contract registers with
and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes
and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E-
Verify affidavits from subcontractors.
☐ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
65 of 75 93
NOTICE TO PROCEED
Dated: , 20
To: `
Project Name:
You are hereby notified that the Contract Times under the above Contract will commence to run on
___________, 2023. By that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 2 of the Contract, the dates of Substantial Completion and
completion and readiness for final payment are , 2023 and
__________________, 2023, ____/____ days respectively.
Before you may start any Work at the site, Article 6 provides that you must deliver to the City (
check here if applicable, with copies to and other identified additional insureds)
Certificates of Insurance in accordance with the Contract Documents.
In addition, before you may start any Work at the site, you must: (add any additional requirements)
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
ACCEPTANCE OF NOTICE TO PROCEED
[INSERT NAME OF CONTRACTOR].
By:
Name:
Title:
Date:
66 of 75 94
ATTACHMENT B
DECLARATION/AFFIDAVIT OF REPRESENTATION
This Affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review, or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The Affidavit must be
filed by with the City Clerk's office at the time the a bid or proposal is submitted to the City. For the
purpose of this solicitation only, the members listed for the presentation team, with the exception of any
person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No
person may appear before any committee on behalf of an anyone unless he or she has been listed as part
of the firm's presentation team pursuant to this Affidavit or unless he or she is registered with the City
Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to Section 92.525(2), Florida Statutes, the undersigned, ________________, makes the
following declaration under penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents.
NAME TITLE
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in
it are true and specifically, that the persons listed above are the members of the presentation team of the
entity listed below.
67 of 75 95
ATTACHMENT C
Marshall Williamson Memorial Freestanding Sign Plans
Prepared by Easy Seals and dated January 10, 2023
68 of 75 96
Fieldstone Faux Wall Panels-Interlock - Faux Stone Panels (textureplus.com)
69 of 75 97
8"
18"
12"
:. .... ,1.,..., ..U\
,1,a11.c_.. .. _ ~ ,..., __
-,., ---• ,...._..__, ·, t ""· -.,,. 11.,~~ ~-~,... ... ..... ..,,...... ,_._ ..,,. .. .
'"""'•~Jc---..-u'"'
Fieldstone Faux Wall Panels-Interlock - Faux Stone Panels (textureplus.com)
70 of 75 98
ProjectMemorial Monument Sign
11:luminurn P,laqoo
atladled to tho sign
i)y 3/16" a l um studs
4 · scheduled 40
steel pi pe bo lt ed dow n
Faux brick a ttached to structu re
w/oo ristruction adhes iw cou nter
s ink sheet meta l sorews
.125 a lum in um fi ll e r
t o a lu mi nu m struct ure ------+-11-1------.i
M IN ;:t• Sot 40 S'iElEI.. POST ,3/,B'~ II '------'--+----~
EM E,EO TO e' IAR O fOO:rE:R BOT
3 '-9"
,CONCRETE FOOTER OPTIONS ,cn oo PSl ):c----+---+I
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• Z'-.3"' SQ.Xl"'-O"'O EEP [Si'RUD, WffH
(Z,:1::1 S.,.RS:£A.OIWI.Y. TC -+BCTJ
18"
Front View
3 '-9 "
sheet metal sc re w s
•
• •
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18"
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.125 a lu minu m fi ll er
• •
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3/8 a ll th rea d bolt
4 "sdledUled40
s teel pi pe bolted d own
to all.I minu m struoture
DESIGN CALCULATIONS
FOR
CITY OF SOUTH MIAMI
MARSHALL WILLIAMSON MEMORIAL
FREESTANDING SIGN
6125 SW 68th St – Miami
Index:
Pg 1 Cover
Pg 2 Wind Loads
Pg 3 Footing Design
Pg 4 Primary Support(s)
PE # 67382
Easy Seals Cert Auth # 31124
Engineer's signature and seal valid
for pages 1 through 4
Jan 10 2023
Christian Langley
GENERAL NOTES:
1.Design is in accordance with the Florida Building Code 7th Edition (2020)
for use within and outside the High Velocity Hurricane Zone (HVHZ).
2.Wind loads have been calculated per the requirements of ASCE 7-16 as
shown herein, except where noted otherwise.
3.These engineering calculations pertain only to the structural integrity of
those systems, components, and/or other construction explicitly
specified herein and/or in accompanying engineering drawings. The
existing host structure (if any) is assumed to be in good condition,
capable of supporting the loaded system, subject to building department
approval. No warranty, either expressed or implied, is contained herein.
4.System components shall be as noted herein. All references to named
components and installation shall conform to manufacturer's or industry
specifications as summarized herein.
5.Where site conditions deviate from those noted herein, revisions may be
required or a separate site-specific engineering evaluation performed.
6.Aluminum components in contact with steel or embedded in concrete
shall be protected as prescribed in the 2015 Aluminum Design Manual,
Part 1-A. Steel components in contact with, but not encased in, concrete
shall be coated, painted, or otherwise protected against corrosion.
7.Engineer seal affixed hereto validates structural design as shown only.
Use of this specification by contractor, et. Al, indemnifies and saves
harmless this engineer for all costs & damages including legal fees &
apellate fees resulting from deviation from this design.
1200 N Federal Hwy, #200
Boca Raton, FL 33432 Easy Seals .com Page 171 of 75 99
z(a.; Easy s~~t~
,,,,,
CALCULATIONS FOR FREESTANDING SIGNS
ASCE 7-16 Design Wind Loads
FREESTANDING SOLID SIGNS AND WALLS (AT GRADE)
Building Specs
V =175 mph Basic wind speed (Vult)Risk Category 1 Structure
Exposure C ASD Load Combo Coeff:0.6
Calculations
α =9.5 3-sec gust speed power law exponent Kd =0.85 Directionality factor
zg =900'Nominal ht. of atmos. boundary layer Kzt =1.0 Topographic factor
G =0.85 Ke =1.0 Ground elevation factor
Cf =1.55 Force Coefficient
…Width / Height ratio ≥ 0.5
SIGN
HEIGHT
DESIGN
WIND
PRESSURES Kh = Kzqz
15 ft ± 44.7 psf 0.85 33.9
18 ft ± 46.5 psf 0.88 35.3
20 ft ± 47.5 psf 0.90 36.1
30 ft ± 51.7 psf 0.98 39.3
35 ft ± 53.5 psf 1.01 40.6
40 ft ± 55.0 psf 1.04 41.7
45 ft ± 56.4 psf 1.07 42.8
50 ft ± 57.6 psf 1.09 43.7
55 ft ± 58.8 psf 1.12 44.6
60 ft ± 59.9 psf 1.14 45.4
70 ft ± 61.8 psf 1.17 46.9
80 ft ± 63.6 psf 1.21 48.3
90 ft ± 65.2 psf 1.24 49.5
100 ft ± 66.7 psf 1.27 50.6
110 ft ± 68.0 psf 1.29 51.6
120 ft ± 69.3 psf 1.32 52.6
130 ft ± 70.5 psf 1.34 53.5
140 ft ± 71.6 psf 1.36 54.3
150 ft ± 72.6 psf 1.38 55.1
175 ft ± 75.0 psf 1.42 56.9
200 ft ± 77.1 psf 1.46 58.6
250 ft ± 80.9 psf 1.53 61.4
175 mph - Exp ''C''
Signs at grade
W/Ht Ratio ≤ 0.5
Page 272 of 75 100
CALCULATIONS FOR FREESTANDING SIGNS
Footing Design for Freestanding Signs
Structure Dimensions & Loading
Design wind pressure:P =44.7 psf
Overturning Safety Factor:Ω =1.5 … FBC 1807.2.3
Sign area 1:A1 =12.0 sq ft … tributary area 1 for each footer (e.g. sign)
Height of applied force above grade:h1 =2.0 ft … height of area 1 centroid
Sign area 2:A2 =0.0 sq ft … tributary area 2 for each footer (e.g. post)
Height of applied force above grade:h2 =0.0 ft … height of area 2 centroid
Overturning Moment:Mn =P*(A1*h1+A2*h2)
Mn =1.1 kip-ft
Round Footing Diameter:B =1.5 ft
Footing depth:d =3.75 ft Soil cover:ds =0 ft
Superstructure weight:Dr =200 lb
Soil cover weight:Ds =0 lb … = 100pcf*π*B^2/4*ds
Footing weight:Df =994 lb … = 150pcf*π*B^2/4*d
Total weight:D =1194 lb … = Dr + Ds + Df
Soil Strength …FBC Tables 1806.2, 1819.6
Soil class:
Lateral bearing strength:Plat =150 psf/ft
Vertical bearing strength:Pbrg =2000 psf
Check Lateral Soil Bearing Pressures (Empirical Method)…FBC Sect 1807.3.2.1
Unconstrained (No rigid floor or pavement at ground surface)
Allowable lateral soil bearing pressure at 1/3 depth:
S1 =2*Plat * (d+ds)/3
S1 =375 psf
Total applied lateral load:Ptot =0.54 kips
Equiv ht of applied load:heq =2.00 ft
As =2.34*Ptot/(S1*B)
As =2.2 ft
dreq =As/2 * [ 1 + √(1+4.36*heq/As) ]
dreq =3.59 ft dreq < d OK
4. Sand, silty sand, silty gravel
Page 373 of 75 101
CALCULATIONS FOR FREESTANDING SIGNS
Hollow Structural Pipe in Bending
Allowable Stress Design per 2016 AISC Spec for Structural Steel Buildings
Material Properties
Yield Stress, A53 Grd B Steel:Fy =35 ksi Safety Factor =1.67 Per Section B3.4
Modulus of Elasticity:E =29000 ksi
End Supports:Cantilever
Member Properties ANSI 4" Schedule 40 steel pipe
Nominal size:4"diam -Sch 40
Outside Diameter d =4.5 in Moment of Inertia:Ix =7.2 in4
Wall Thickness t =0.237 in Section Modulus:S =3.21 in3
Deflection Limit:Defl =L / 60
Design wind pressure:P =44.7 psf
Sign area:A1 =12.0 sq ft … tributary area for each post (e.g. sign+post)
Eccentricity of applied force:e1 =2.0 ft … distance to area centroid (weighted avg h1,h2)
(1): Yielding Limit State
Mn =Fy*S Allowable Moment:Mallow = Mn / 1.67
Mn =112.5 kip-in Mallow = 67.4 kip-in
Check Member Bending
Moment in member:Mmax =P*A1*e1
Mmax =12.9 kip-in Mmax < Mallow …OK
Check Member Deflection:
Allowable Deflection:∆allow =0.40 in L / 60
Deflection in member:∆max =P*(A*e^3) / (3*E*I)
∆max =0.01 in ∆max < ∆allow …OK
Page 474 of 75 102
END OF DOCUMENT
75 of 75 103
104
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Befor e the undersigned authori ty personally appe ared
GUILLERMO GARCI A, who on oath says that he or she is the
DIRECTOR OF OPERATIONS , Legal Notices of the Miami Daily
Bus iness Review f/k/a Miami Review, of Miami-Dade Cou nty ,
Florida ; that the attached copy of adv ertisemen t , being a
Legal Advertisement of Notice in the matter of
CITY OF SOUTH MI AMI -INVITATION TO BID (1TB) NO. PR2023
-05
in th e XXXX Court,
was pub lished in a newspaper by pr int in th e issilesof Mia mf
Da ily Bus iness Rev iew f/kla Miami Review on
03/29/2 023
Affiant further says that the newspa per comp li es with all
le ga l for publication in ch ap ter 50 , Florid a
29
I
(SEAL)
GUILLERMO GA RCIA personally known to me
INVITATION TO BID (1TB) NO. PR2023-05
MARSHALL WILLIAMSON MONUMENT
FREESTANDING DISPLAY PROJECT
NOTIC E IS HEREBY GIVEN that the City of South Miami ('City') is soliciting
bids fo r ti,e Marshall Williamson Monument Freestanding Display Project.
Interested compan ies, firms , and individuals ("Bidders ") may obtain a copy
of Invitation to Bid No. PR2023-05 (the 'ITB ') to be issued on Mart;h 27,
2023, at the City of South Miami 6130 Sunset Drive , South Miami, FL
33143, on the City 's website at www.southmiamifl. ov, or via _DemandStar
at !J!!Qs · / etwork.demandstar.com/. The 1TB contains detailed intormation
about the scope of work , submission requirements, and selection procedures .
All notices and any addenda issued by the City with respect to the 1TB will
be made available on the City's website. It is the Bidder's sole responsib ility to
ensure rece ipt of any issued notice or addenda re lating to this 1TB once posted
to the website. The bid submission shall be submitted electronically via
DemandStar and marked 'Bid to City of South Miami, 1TB No. PR2023-05
for the Marshall Williamson Monument Freestanding Display .' Bids must be
received by the City by no later than April 14, 2023 at 10:00 a.m. EST.
E-B1D OPENING VJA VIDEO CONFERENCING:
The City will only receive submittals electronically through the DemandStar
Electronic Bid System (E-Blddlng). To register as a business, go to
):!!!Qs://network.demandstar.com/
Bids will be publicly opened through video conferencing using the Zoom platform.
At 10:30 AM, local time. Members of the public are invited to view the bid
.opening meeting._.througb.2oom at htt s: /zoom.usfJ/3056636339 or by
listening to the bid opening meeting on a dedicated phone line y diiilin9
+1-786-635-1003 Meeting ID: 3056636339.
Any bid submission received after this time and date will be re jected and
returned unopened . Bidders are responsible for ensuring that their bid is
received in the City by the deadline.
3/29
A pre-response conference will NOT be held for this project
Nkenga A. Payne, CMC, FCRM
City Clerk, City of South Miami
23-22/0000654677M
Member Name: CITY OF SOUTH MIAMI
Bid Number: ITB PR2023-05
Bid Name: MARSHALL WILLIAMSON MONUMENT FREESTANDING DISPLAY
2 Document(s) found for this bid
19 Planholder(s) found
550 NOTIFIED
SupplierName Address1 City State
PostalCo
de DeclaredAttributes
A & L GENERAL SUPPLY CORP 215 sw 42 nd ave Miami FL 33134
ALL AMERICAN BONDS &
INSURANCE, LLC.7457 Aloma Avenue, #301 Winter Park FL 32792
ConstructConnect 3825 Edwards Rd Cincinnati OH 45209
CRODON INC 11767 S DIXIE HIGHWAY # 429 MIAMI FL 33176
Dodge Data 4300 Beltway Place, Ste 150 Arlington TX 76018
Doral Digital Reprographics 5701 NW 79 Ave.Doral FL 33166
Hispanic Owned,
Small Business,
Eagle Business Technology 3190 S State Rd 7 Hollywood FL 33023
Excla Specialty Contractor
Solutions, LLC 7814 NW 54th Street Miami FL 33166
Florida Palm 3931 SW 47th Ave Davie FL 33314
Hispanic Owned,
Small Business,
Geograph Industries 475 Industrial Drive Harrison OH 45030
Green Alliance Inc.14996 SW 20th Terrace Miami FL 33185
Hispanic Owned,
Small Business
i2 Visual, Inc.5760 Zip Drive Fort Myers FL 33905
Kenco Signs & Awning LLC 1539 Garden Ave Daytona Beach FL 32117
M&J GENERAL CONTRACTORS 300 Palermo Avenue CORAL GABLES FL 33134
Hispanic Owned,
Small Business,
Miliani Construction Corp 11012 NW 73 ST Miami FL 33178
Hispanic Owned,
Small Business,
Onvia, Inc. - Content
Department 509 Olive Way, Suite 400 Seattle WA 98101
Playmore West, Inc.10271 Deer Run Farms Road Fort Myers FL 33966
TechGroupOne, Inc 304 Indian Trace Weston FL 33326
Hispanic Owned,
Small Business
Terra Hyle Contractors, Inc 2140 South Dixie Hwy Miami FL 33133
Hispanic Owned,
Woman Owned
105
.
106
107
4/14/23, 1:43 PM Detail by Entity Name
\I / 1J J VJ:W.J 1 ' Vj
~1;0-¾·org C rJ10JrJ1:1-_T1CJ1<r 0 ------?-----, (JJI uj/frim Sum uj f1uridt1 H' 1, II!'
Department of State / Division or Corporations I Search Records / Search by Entity Narne I
Detail by Entity Name
Florida Profit Corporation
NEON SIGN SOLUTIONS, INC.
Filing Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Principa l Address
631 West 27th Street
Hialeah, FL 33010
Changed: 04/02/2014
Mailing Address
631 West 27th Street
Hialeah, FL 33010
Changed: 04/02/2014
P00000042731
65-1002696
04/27/2000
FL
ACTIVE
AMENDMENT
10/15/2004
NONE
Regis tered Agent Nam e & Address
IDARRAGA, JORGE
631 West 27th Street
Hialeah, FL 33010
Name Changed: 04/02/2014
Address Changed: 04/02/2014
Officer/Director Detai l
Name & Address
Title PST
DIVISION OF CORPORATIONS
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4/14/23, 1 :43 PM
IDARRAGA, JORGE
631 West 27th Street
Hialeah, FL 33010
Title VP
ldarraga, Diego A
631 West 27th Street
Hialeah , FL 33010
Annual ReRorts
Report Year
2021
2022
2023
Filed Date
03/09/2021
03/10/2022
01/31/2023
Docum ent Images
01 13112023 -ANNUAL REPORT View image in PDF format
0311012022 ANNUAL REPORT View image in PDF format --------------'
03/09/2021 ANNUAL RE PORT View image in PDF format
03117/2020 -ANNUAL REPORT View image in PDF format --------------=
0512812019 ANNUAL REPORT View image in PDF format
03113/2018 ANNUAL REPORT View image in PDF format
Q.il /20/2017 -ANNUAL REPORT View image in PDF format ____________ __,
03 /14/2016 -ANNUAL REPORT View image in PDF format
01 /1 512015 ANNUAL REPORT View image in PDF format
04 10 2/2014 -ANNUAL REPORT View image in PDF format
01/23/2013 -ANNUAL REPORT View image in PDF format
04/0412012 -ANNUAL REPORT View image in PDF format ----------------'
04 /2612011 -ANNUAL REPORT View image in PDF format --------------'
0310812010 ANNUAL REPORT View image in PDF format --------------'
03/25/200;! -ANNUAL REPORT View image in PDF format ____________ __,
04/1612008 --ANNUAL REPORT View image in PDF format ____________ __,
Oj/2912007 -ANNUAL REPORT View image in PDF format --------------'
03 102/2006 AN NUAL REPORT View image in PDF format
05/02(2005 -ANNUAL REPORT View image in PDF format
10/1 512004 -Amendment View image in PDF format
05/04/2004 -ANI-IUAL REPORT View image in PDF format ____________ ____:
09/19/2003 --Amendment View image in PDF format
06/05i2003 -ANNUAL REPORT View image in PDF format
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0311812002 -ANNUAL REPORT View image in PDF format
04 /0 4/2 001 -ANNUAL REPORT View image in PDF format ____________ _,
05/1712000 -Name Changis View image in PDF format
04/27/2000 --Domestic Profit View image in PDF format
Detail by Entity Name
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631 WEST 27TH STREET
HIALEAH, FL 33010
Current Principal Place of Business:
Current Mailing Address:
631 WEST 27TH STREET
HIALEAH, FL 33010 US
Entity Name: NEON SIGN SOLUTIONS, INC.
DOCUMENT# P00000042731
FEI Number: 65-1002696 Certificate of Status Desired:
Name and Address of Current Registered Agent:
IDARRAGA, JORGE
631 WEST 27TH STREET
HIALEAH, FL 33010 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Officer/Director Detail Date
JORGE IDARRAGA
FILED
Jan 31, 2023
Secretary of State
3859539768CC
JORGE IDARRAGA PST 01/31/2023
2023 FLORIDA PROFIT CORPORATION ANNUAL REPORT
No
01/31/2023
Title PST
Name IDARRAGA, JORGE
Address 631 WEST 27TH STREET
City-State-Zip:HIALEAH FL 33010
Title VP
Name IDARRAGA, DIEGO A
Address 631 WEST 27TH STREET
City-State-Zip:HIALEAH FL 33010
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