Res No 160-23-16093RESOLUTION NO. 160-23-16093
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, SELECTING AND A WARDING A
CONSTRUCTION CONTRACT TO FAST-DRY COURTS,
INC. FOR TENNIS CLAY COURT RESURFACE
IMPROVEMENTS AT DANTE FASCELL PARK IN AN
AMOUNT NOT TO EXCEED $84,470; AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT FOR THE PROJECT; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City'') is in need of professiQnal tennis clay
court resurfacing improvements for the south tennis courts at Dante Fascell Park
(the "Project"); and
WHEREAS, on October 6, 2023, the City issued Invitation to Bid No. PR2023-15
(the "ITB") for constmction of the Project; and
WHEREAS, the City received a total of three (3) bids by the 1TB submission deadline on
November 3, 2023; and
WHEREAS, after review and evaluation of the bids, City Staff determined that Fast-Dry
Courts, Inc. (the "Contractor'') was the lowest, most responsive and responsible bidder, with a bid
in the amount of $77,470.00; and
WHEREAS, the City Commission desires to select and award the Contractor a contract
for construction of the Project and authorize the City Manager to negotiate and execute a contract
in substantially the form attached hereto as Exhibit "A" (the "Contract") with the Contractor for
the Project in the amount of$77,470.00 together with a $7,000.00 contingency, for a total amount
not to exceed $84,470.00; and
WHEREAS, the expense for this Project shall be charged to Parks Impact Fund account
number 1 l 7-2000-572-6440, which has a current fund balance of $966,453; and
WHEREAS, the City Commission finds that this Resolution is 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, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Pagel of2
Res. No. 160-23-16093
Section 2. Selection of Contractor and Award of Contract. The City Commission
h ereby selects the bid of the Contractor and awards the Contractor a Contract for the Project.
Section 3. Authorization. The City Manager is authorized to negotiate and exec ute
the Contract with the Contractor for the Project in substantially the form attached hereto as
Exhibit "A" in the amount of $77,470.00 toge ther with a $7,000.00 contingency, for a total amount
not to excee d $84,470.00, subject to the approval as to form, content, and legal sufficiency by the
City Manager and City Attorney. The expense for thi s Project shall be charged to Parks Impact Fund
account number l l 7-2000-572-6440, which ha s a cutTcnt fund balance of $966,453
Section 4. Implementation. That the City Manager is authorize d to take any and all
actions necessary to implement the Project, the Contract, and the purposes of this Res olution.
Section 5. Corrections. Confo1ming language or technical scrivener-type con-ections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 6.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 5th clay of December, 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED:
9-s-
Mv
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
5-0
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
Page 2 of 2
Agenda Item No:3.
City Commission Agenda Item Report
Meeting Date: December 5, 2023
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
SELECTING AND AWARDING A CONSTRUCTION CONTRACT TO FAST-DRY COURTS, INC. FOR TENNIS
CLAY COURT RESURFACE IMPROVEMENTS AT DANTE FASCELL PARK IN AN AMOUNT NOT TO
EXCEED $84,470; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT
FOR THE PROJECT; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE.
3/5 (CITY MANAGER-PARKS & RECREATION DEPT.)
Suggested Action:
Attachments:
Memo-South Tennis Clay Court Resurface (QP).docx
47R2179-Resolution Selecting Fast-Dry Courts for Tennis Court Resurfacing at Dante Fascelll - CAv2.DOCX
Contract for Construction - Fast-Dry Courts - Tennis Clay Court Resurface Improvements.
FINAL ITB Tennis Court Resurface Improvements 10.6.2023.pdf
Exhibit A-Fast Dry Courts Bidding Docs..pdf
Demand Star ITB PR2023-15 11.3.23.pdf
RFP Advertisement.pdf
Sun Biz Fast Dry Courts.pdf
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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:Tuesday, December 5, 2023
SUBJECT:Tennis clay court resurfacing improvements at Dante Fascell Park ($84,470).
RECOMMENDATION:Staff recommends the approval of tennis clay court resurfacing
improvements (south courts #1-#3)at Dante Fascell Park in the amount of
$84,470.
BACKGROUND:North courts numbered four (4) through six (6) were successfully
resurfaced July 2023. South courts numbered one (1) through three (3)
are currently due for professional resurfacing. The south courts were last
resurfaced in 2018 and it is recommended that they be resurfaced every
four (4) to six (6) years.
Only the north courts were resurfaced in July due to additional
improvements required beyond general resurfacing work.
After further inspection by staff and consultation with industry
professionals, department staff recommends that the south courts be
resurfaced to ensure a safe and desirable playing surface. New line tape,
net posts, nets, and windscreens will also be included in this project.
Estimated project duration is forty-five (45) days.
PROCUREMENT
PROCESS:Through the Procurement Division, the City’s Parks and Recreation
Department issued anInvitation to Bid (“ITB”) on Friday, October 6
th, 2023
for “Tennis Clay Court ResurfaceImprovements”at Dante Fascell Park. The
City received bid proposals from three (3) firms as outlined below.
Bidder(s)Bid Base Price
Fast Dry Courts, Inc.$77,470
Sports Surfaces LLC.$78,350
J Courts Inc.$112,000
City staff has had a positive experience working with with Fast Dry Courts,
Inc. in the past. Fast Dry Courts is a leader in its industry and recognized
for construction excellence by American Sports Builders Association.
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
VENDOR &EXPENSE:Fast Dry Courts, Inc.
Proposal/contract amount shall not exceed $77,470. A contingency in the
amount of $7,000will be added to the contract amount for any unforeseen
construction-related activity.
FUND ACCOUNT:Parks Impact Fund, account number 117-2000-572-6440, which has a
current fund balance of $966,453.
ATTACHMENTS:Resolution
Final RFP Tennis Clay Court Resurfacing
Exhibit A - Bidding Documents–Fast Dry Courts, Inc.
Bid Tabulation
Demand Star Documentation
RFP Advertisement
Sun Biz Documentation
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ATTACHMENT A
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this "Contract') is made this 5th day of
DECEMBER , 2023 (the "Effective Date") by and between the CITY OF
SOUTH MIAMI, FLORIDA, a Florida municipal corporation, (the "City'), and FAST DRY COURTS.
INC .. a CONTRACTOR (the "Contractor").
WHEREAS, the City issued Invitation to Bid No. PR2023-15 (the "ITB") for construction of
TENNIS CLAY COURT RESURFACE IMPROVEMENTS, 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
$77 .470.00 in res ponse to the 1TB and was selected and awarded this Contract pursuant to Resolution No. I R-160-23-1 6093 lfor 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 N/A (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:
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
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. I. 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.
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
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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:
I .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.
I .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.S. 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.
I .4.1. 9. Specifications and Addenda: Legibly mark each section to record:
1.4.1. 9. I. 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.
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.
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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.
1.6. Purchase and Delivery, Storage and Installation. All materials must be F.O.8. 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.
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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 FOOT), 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 forty-five (45)
working 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 forty-
five ( 45) working 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 $920.00 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 $920.00 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
the amount of said excess.
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3. CONTRACT PRICE AND PAYMENT PROCEDURES
3.1. Guaranteed Maximum Price. The City shall pay the Contractor an amount not to exceed
$$77.470.00 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 seNices, 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 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 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:
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 Wjthholdin1:. 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 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.
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 yfl oridacfo.com/Division/wc/PublicationsFormsManualsRe ports/Brochures/Ke
y-Coverage-and-Eii gibility.pdf.
Exem ptions may be applied for online through the Florida Department of Financial Services,
Divis io n of Workers' Compensation at:
https://www.m yfl 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: 181.
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:
181.
7. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
7. I. 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
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
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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 MIiitary 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<back. 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.
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 Setvices 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,
I 0. 7. I. The City or any of its duly authorized representatives shall, for five (5) years aher 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 I 19 .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 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 119.070 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:
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Custodian of Records:
Mailing address:
Telephone number:
Email:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
305-663-6340
NPayne@southmiamifl.gov
I 0.18. E-Yerify 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 affidav its 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).
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.
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 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
20 of 119
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
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 responslbility 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"}. 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: 181.
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: 0.
Grant Title Grant Agreement Exhibit
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If the Worl< 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.
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.
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.
11.10.3. 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.
By:
Genaro "Chip" Iglesias
City Manager
Attest:
AMI
ne, CMC, FCRM
Approved as to form and legal sufficiency:
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@southrnlamifl.gov ( email)
With a copy to:
Weiss Scrota 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
T<-',mrne r De.J+o ( Name: ____________ _
Title: ___ r.;_( e;;;_L...:..~,;_·, dc...:...;:;.e,.;._11;._;+-_____ _
E ntlty: __;r=' u::..;._S"-''l____;,:;O-'-i'\_/ _,c=· 0-=-LM--=---+.5__.,'--IL.:...n....;._C-:;_" ._
I
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:l/www.e-verif_y.i:ov/faq/how-do-i-provide-proof-of-n1y-P-articipacionenrollrnent-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 co obtaining E-
Verify affidavits from subcontractors.
a{ Checl< here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
Signed, sealed and delivered by:
~~
Print Name: Tn Ml me-r ()e .-t+DY-
Title: _ _;p_r_e..::s....:1(,:_,l_e_n_-t-________ _
Wi~~ Print Name: PoA-' 1 6ti /(e,yr Entity Name: t=='tlJ ~ Ory U>lJ-,(tJ , Int,.
ACl(NOWLEDGMENT
State of Florida
County of Brv vJ,li{''1
The foregoing instrument was acknowledged before me by means of l2!l physical presence or D online
notarization, this _fL_ day of Deun,bc--r 20---12.. by frim1r1? r l)c.f-/rJ'r
(name of person) as frt-f-•itfe,11 I-(type of authority) for Fa 1./ Dti.1 O~tfh,; It){.,
___ (name of party on behalf of whom Instrument is executed). '
A
t/ Personally known to me; or
___ Produced identification (Type of Identification:. ___________ _
___ Did take an oath; or
___ Did not take an oath
24 of 119
Notary Publlo Slalo of Florlda
Richard Sanzare
My Commlulon HH 282576
Expires 10/17/2026 "'--_.."<,._. _________ ._
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, lr;mlY'lll'i l~h·r , 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.
Ilil.E
Sa le.s /+Ccoun J-~Xelu. hVe
Su.p e,r in +-en rl t,n}
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.
2S of 119
EXHIBIT A
1TB #PR2023-I S
26 of 119
1111 < 11\ OI 1'11",\~,\:,..J tl\'INC
CITY OF SOUTH MIAMI
INVITATION TO BID (1TB) No. PR2023-15
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
City of South Miami Commission
Mayor Javier Fernandez
Commissioner Lisa Bonich
Commissioner Steve Calle
Commissioner Josh Liebman
Commissioner Brian Corey
City of South Miami City Hall
61 30 Sunset Drive
South Miami, Florida 33143
ISSUE DATE: October 6, 2023
SUBMITTAL DUE DATE: November 3, 2023
SUBMITTAL DUE TIME: 10:00 AM
BID OPENING DATE: November 3, 2023
BID OPENING TIME: I 0:30 AM
21 of 1,99
1111 < 11\ rn l'll,\S \,111\'"C.
PUBLIC NOTICE
INVITATION TO BID (1TB) No. PR2023-IS
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
NOTICE IS HEREBY GIVEN that the City of South Miami ("City") is soliciting bids for the TENNIS
CLAY COURT RESURFACE IMPROVEMENTS. Interested companies, firms, and individuals
("Bidders") may obtain a copy of Invitation to Bid No. PR2023-IS (the "ITB") to be issued on October
6, 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-I S for the "TENNIS CLAY COURT RESURFACE
IMPROVEMENTS." Bids must be received by the City by no later than November 3, 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 on November 3, 2023. 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: October 6, 2023
21 of f,f9
TABLE OF CONTENTS
Section Page
Section I: Information for Bidders 4
Section 2: Terms and Conditions II
Section 3. Scope of Work 17
Section 4: Bid Submission Requirements and Evaluation & 22
Forms and Attachments
Section 4: Bid Form -Form 7 38
Section 4: References -Form 8 40
2, of U9
SECTION I.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the "City") is soliciting bids for the TENNIS CLAY COURT
RESURFACE IMPROVEMENTS. (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 10/6/2023 1:00 PM
Non-Mandatory / Mandatory Pre-Bid Conference NONE 2 and Site Visit SCHEDULED
3 Deadline to Submit Questions / Requests for 10/20/2023 10:00AM Clarification
4 City Issues Addenda and Responds to Questions I 0/31/2023 10:00AM
5 Deadline to Submit Sealed Bids -Submission 11/3/2023 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 11/3/2023 10:30 AM
a dedicated phone line by dialing + 1-786-635-1003 Meeting
ID: 3056636339.
7 City Manager issues recommendation to City Commission 11/21/2023 7:00 PM
8 Award Bid(s) and Agreement(s) at City Commission 11/21/2023 7:00 PM Meeting
Jq of U9
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 November
3, 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.
1.5. 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
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 October 20, 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-IS, "TENNIS CLAY COURT RESURFACE
IMPROVEMENTS," and addressed to:
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Steven P. Kulick
City of South Miami Chief Procurement Officer
61 30 Sunset Drive
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 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.
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.
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
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Form 6.
Form 7.
Form 8.
Bidder's Qualifications Survey
Bid Form
Reference List
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 five (5) 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.
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.
I. 7 .6. Bidder may provide any additional information that highlights experience or expertise, which
is relevant and directly applicable to this 1TB.
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 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
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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
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 "A," 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 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
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(i) Members of the City Commission; or
(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
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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
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 SA-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
SECTION 2.
TERMS AND CONDITIONS
2.1. PURPOSE OF BID.
The City requests Bids from qualified firms for the "TENNIS CLAY COURT RESURFACE
IMPROVEMENTS" 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
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.
2.7.1.1.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 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.
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 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: 181. lfthe requirement for
a performance bond is waived, the City shall select this box: 181.
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 the attached
Form, if included. 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.
Bid Bonds may be submitted to the City Clerk's Office no later than the Submittal Due
Date or, via the Demand Star electronic bid system, in the attached Form, if included, in
the 1TB. The City Office address is below:
Nkenga "Nikki" Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
If the requirement for a Bid Guaranty/Bid Bond is waived, the City shall select this
box: 181.
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.
..O!qffl<:ICJ
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.
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 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:
16qffl6'J
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.
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
SECTION 3.
SCOPE OF WORK. SPECIFICATIONS. AND REQUIREMENTS
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
1TB NO. PR2023-15
3.1 GENERAL REQUIREMENTS:
The work specified in this Request for Proposal (RFP) 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 RFP (the "Work"). The
Work is to be performed per specifications and the contract documents. The Work is to be
performed in accordance with the specifications and the contract documents (as defined in the
Instructions for Respondents) that are provided to the Contractor by the City 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. This 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); 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 81 I 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 of South Miami. Permit fees charged by other government entities, if required, are the
responsibility of the Respondent/Contractor; however, in all cases; it is the responsibility of
Respondent/Contractor to secure any and all permits that may be required for this project.
All of the Work must be reflected in the Respondent's proposal and "Schedule of
Values Form, found in "Form 7, Bid Form/Schedule of Values."
All work is to be completed in accordance with specifications, engineering construction drawings,
and in accordance with the terms and conditions described in Section 3 "Scope of Work," all
federal, state and local requirements, guidelines and regulations included the Florida Building
Code, the City of South Miami Land Development Code, all applicable ordinances of Miami-Dade
County, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project
involves a City park, 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-See Section 7-15 and 7-16 of the City's Code of
Ordinances.
IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO
SECURE ADDENDUM$ THAT MAY BE ISSUED FOR THIS SOLICITATION.
3.2 SPECIFIC REQUIREMENTS:
The City is soliciting proposals from highly qualified firms for professional services related to
professional tennis clay court resurfacing improvements at Dante Fascell Park. The scope of
work entails:
• resurface three (3) of six (6) Har-Tru tennis courts (south courts #1-3) in one 3-court
battery, measuring 180' x 120'.
• replace three (3) pair of tennis net posts and center anchors with footers (extend (3) pair
of 3/4" irrigation lines for net post sprinklers to the new PVC sleeves).
• clean surface to remove visible surface algae and dead material.
• remove old lines and nails, scarify surface as needed, redistribute excess usable green rock
from the low end to the high end, apply sixty (60) tons of new Har-Tru material (± 20
tons per court) using laser guided grading equipment to help re-establish the original court
slope and a more optimal surface depth.
• install three (3) sets of new herringbone style line tapes secured with 2-1 /2" aluminum
nails to UST A specifications.
• furnish and install three (3) pair of new NeverRust all-aluminum external wind net posts
(black) and Streamliner tennis nets with center straps, and anchor mates with locking
bands.
• courts must be rolled to initial firmness. All wastes will be hauled off site by contractor.
The awarded Contractor is responsible for all repairs, including complete restoration work to
disturbed elements and surface areas due to construction activities and disposal of all debris and
materials off-site.
All work must be completed within forty-five (45) working days, Monday through Friday.
Respondents 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 construction project will be held at Dante Fascell Parle, located at 8600 SW 57th Avenue,
South Miami, FL, 33143.
3.4 PRICING -LUMP SUM PRICING:
Proposal pricing must be submitted in a "Lump Sum" by completing Form 7, "Bid
Form/Schedule of Values" and shall include all cost associated with completing this project as
outlined in the scope of services and associated design construction plans, if included. It is the
City's intention to award this project to a single Contractor.
SCHEDULE OF VALUES:
RESPONDENTS ARE TO COMPLETE "FORM 7, BID FORM/SCHEDULE OF
VALUES."
WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE
A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, "FORM 7, BID
FORM/SCHEDULE OF VALUES."
THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT
BASED ON THE LUMP SUM AMOUNT SUBMITTED.
3.5 PROIECT DURATION:
After permit{s) have been secured/approved, the Respondent is responsible for completing this
project within forty-five (45) working days from issuance of Notice to Proceed/Purchase
Order/Email Notification from the City's Project Manager.
3.6 WARRANTY:
Respondent/Contractor must include the following with their proposal: Applicable
warranty and/or guarantees of all material and labor, including:
• 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, Respondent/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 contract documents for this project, at a minimum, Respondent/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 respondent/contractor, Respondent/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.
SPECIAL NOTE
A PERFORMANCE AND PAYMENT BOND AND A BID BOND ARE (NOT) REQUIRED
FOR THIS PROJECT
END OF SECTION 3
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SECTION 4
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
1TB NO. PR2023-I 5
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 28. 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/Schedule of Values ✓
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 Contract
Declaration /Affidavit of Representation
1!71 Q.ff l6'J
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Invitation to Bid, 1TB No. PR2023-
I 5. 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.
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
4'2Qff~
FORM I
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 _ on line
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
FORM 2A
Bl DD ER'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. PR2023-
l 5 Tennis Clay Court Resurface Improvements 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
SP!qff~
(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 the City of South
Miami for 1TB No. PR2023-15 TENNIS CLAY COURT RESURFACE IMPROVEMENTS 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)
FORMl
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
Public Entit;y 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. I 33(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.)
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, I 989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida
, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph 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;
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
SSJqff""
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 3-1.1 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.
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2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
1TB No. PW2023-15 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.]
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
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
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: _____________________ _
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
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 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) yearsr o No o 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 •
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
o 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: ______ _
FORM7
BID FORM/SCHEDULE OF VALUES
1TB No. PR2023-15
Bid prices stated in the proposal 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 unit price contract. Contractor is responsible for all repairs, including complete restoration work to disturbed
elements and surface areas due to construction activities and disposal of all debris and materials off-site.
ITEM ITEM
EST.QTY UNIT TOTAL COST
NO. DESCRIPTION
1-1 Permit I LS $
1-2 Mobilization I LS $
1-3 Clean Court Surface I LS $
1-4 Remove and Dispose Court Lines, Nails, Center Anchors, 3 EA $ and Nets
1-5 Remove and Dispose existing Net Posts and Footers 6 EA $
1-6 Cap and Reposition Net Post Irrigation lines 6 EA $
1-7 60 tons of Green Rock Har-Tru I" I LS $
1-8 Net Posts, Footers, and Sleeves 6 EA $
1-9 Herringbone Linetape Sets Installed and Secured with Nails 3 EA $ (usta specs)
1-10 External Wind Net Posts 3 EA $
1-11 Streamliner Tennis Nets, Straps, Anchor Mates, and Locking 3 EA $ Bands
1-12 All Waste Hauled Off Site and Disposal I LS $
1-13 Remove and dispose 9' Tall Windscreens 540 LF $
1-14 9' Tall Custom Tenn-Air Pro Windscreen with Vents & 540 LF $ Installation*
1-15 Monochrome Windscreen Logos 60 SF 6 EA $
Total $
PROPOSAL SUBMITTED BY:
Company
Name of Person Authorized to Submit
Proposal
Signature
Title
Telephone Number
Fax Number
Email Address
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) _______________________ _
ls the Contract still Active? Yes ___ No ___ _
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 ___ _
6111 qff~
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 Activel Yes ___ No ___ _
END OF SECTION 4
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. PR2023-15 (the "ITB") for construction of
TENNIS CLAY COURT RESURFACE IMPROVEMENTS, 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
[$ ______ ____. 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 N/A (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:
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
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.
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. I. 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.
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.
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.
Jlfj Q.ff l8'J
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 forty-five ( 45)
working 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 forty-
five (45) working 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 $920.00 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 $920.00 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
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:
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;
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.
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 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
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.myfl 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:
https://www.myfl oridacfo.com/Division/wc/Em ployer/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.
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: ~-
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
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.
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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.
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.
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.
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. 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. I .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,
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,
158Qffl6'J
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
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
IBJ.)qfflll'J
furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor
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.
I 0.17. 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 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.S. 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 (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:
IPlcdfl6'J
Custodian of Records:
Mailing address:
Telephone number:
Email:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33 143
305-663-6340
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/fag/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.
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:
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 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
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.
I 1.5. 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.
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"). 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.
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 1.1 0.2. 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.
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)
cyjqfflS'J
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
NOTICE TO PROCEED
Dated: ________ _, 20 __
To:
Project Name: TENNIS CLAY COURT RESURFACE IMPROVEMENTS.
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: ______________ _
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.
END OF DOCUMENT
EXHIBIT B
SUBMITTAL:
FAST-DRY COURTS, INC.
96 of 119
SECTION 4
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
1TB NO. PR2023-15
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 28. Bidder's Certification (if Partnership) ✓
Form 3. Single Execution Affidavits -.J
Form 4. Dispute Disclosure ✓
Form S. Certification Regarding Debarment. Suspension, & Other Responsibility Matters -.J
Primary Covered Transactions
Form 6. Bidder's Qualifications Survey ✓
Form 7. Bid Form/Schedule of Values -.J
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 Contract
Declaration /Affidavit of Representation
21 of69
97 of 119
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Invitation to Bid, 1TB No. PR2023-
I 5. 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).
v Addendum I 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 I.
Form 2A.
Form 28.
Form 3.
Form 4.
Form 5.
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 Matters
Primary Covered Transactions
Bidder's Qualifications Survey
Bid Form
Reference List
22 of 69
98of 119
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
NAME OF BID ~ _
~~L_
SIGNATURE OF BIDDER
r1 m h"'le-r I e, f ( e. s i dU' ~
MAILING ADDRESS I\. I \Aoo NvJ \ ~ ,-,rvf:,,,
d2i) q7 0\ · 3 \ l \
TELEPHONE NUMBER
State of Florida
County of J)ruw /µVi
The foregoing instrument was acknowledged before me by means of ..:i_ physical presence or _ online
notarization, this ...:il_ dax ?f Qc,,-h> 6vf . 20~. by :JYirorYlM Oe,A-lt:x"
(name of person) as l:"L<½irkn-l (type of authority) for ~1S+-O'f\j C,0--<,l-f{, I y,c., •
___ (name of party on behalf of whom instrument is executed).
_✓ __ Personally known to me; or
~o&u ~
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: _____________ _
___ Did take an oath; or
___ Did not take an oath
23 of 69
99 of 119
FORM 2A
BIDDER'S CERTIFICATION
(if Company or Corporation)
CERTIFICATE
STATE OF Flara'Jtt )
COUNTY OF 'Bnwwd
) ss
HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation r company existing under the laws of the State of _:_f'_lo_(_,'_d_o. _______ _
held on __________ , 2023, the following resolution was duly passed and adopted:
(SfAL)
RESOLVED, that. as Pf es,d..Dtit of the Corporation/Company, be and is hereby authorized
to execute the Bid dated, 11 / o ;';> , 2023 to the City of South Miami for 1TB No. PR2023-
l 5 Tennis Clay Court Resurface Improvements 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 3 D of D('.,,h) b-4" , 2023.
24 of 69
100 of 119
~ :2z ~
-_.-_ ··-· -; ·~ ,\ -
:-, :.1 ;,.-I •,'•••:•••
. . . . ••. r •
·-.... . _l
.. ··--·-···
-r "1
101 of 119
(if Partnership)
CERTIFICATE
STATE OF ____ _
COUNTY OF
FORM 2B
BIDDER'S CERTIFICATION
)
) ss
)
I HEREBY CERTIFY that a meeting of the Partners of ----+------
partnership existing under the laws of the State of -------+-+---+--'<--' held on
_________ ,, 2023, the following resolution was duly '\dopted:
"RESOLVED, that ----------------4--'-..,+-----!--'
as ________________________ +--___ of the Partnership,
be and is hereby authorized to execute the Bid dated ______ , 023, to the City of South
Miami for 1TB No. PR2023-15 TENNIS CLAY COURT RESURFACE IMPROVEMENTS from
t his 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)
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: F:a s-.\--D(i Cow-H, l(\c. / 1(imme,r De-tfvr/ P(u,'dU1+
For (Name of Proposing or Bidding Entity): FCl S +-Dry Co U.r -k , I((_•
Whose business address is: I4D0 N vJ 13 Ave 7 Po m pCUl () ~ h ri-3 30fti Cf
And (if applicable) its Federal Employer Identification Number (FEIN) is: 6ct-l ~ 7.-I i/JtfO
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn
statement. SS#: __ tJ..,./_A _____________ ___,_
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 11, 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.
26 of 69
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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 co 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.
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 co 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
27 of 69
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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.
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.
% Bidde lni
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.
--r
Bidde>fnitials
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;
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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.
I
BiddRtials
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.
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
29 of 69
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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.
D The entity submitting this sworn statement is not a drug-free workplace.
I
BiddlRitials
City Non-Discrimination Reguirements 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.
~
Bidde!Ztials
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.
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2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
1TB No. PW2023-15 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!Es
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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In the presence of: Signed, sealed and delivered by:
·-&~
Print Name: Tn trHv,e.( De.+f-vr
Title: f'( e,, id c,n-1--
ACKNOWLEDGMENT
State of Florida _ ~I
County of _i3..;;;;...a..YDa...vJ_c.v_ "'---
The foregoing instrument was acknowledged before me by means of A ~hysical presence or_ online
notarization, this~ day of O ChJ\?H 20_M, by --n-. ('()rf\C/f" Defui.t'
(name of person) as Pfe~iblc,n.J-(type of authority) forF-tls+-DAJ CVw-¼, lfL,
___ (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
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?
Y~ ____ 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?
Y~ ____ NO_~t __
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 __ 'I._ __ _
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.
State of Florida .J
County of 'B't'l>W{>.foi
ACKNOWLEDGMENT
The foregoing instrument was acknowlc,<1ged before me by means of tll physical presence or □ online
notarization, this '?0 day of 0( 'f~ ~ , 20 2-.3, by -(fl r()O'Vf De.,l-h,r
(name of person) as f(esit½n-1-(type of authority} for Ftif-r Dry
(OJ/f-\1, In,. (name of party on behalf of whom instrument is executed).
_'/\~_Personally known to me; or
~a,01c46,. fl,__
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 19160-1921 I). 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: ra~.i.-Dfj CDLJ,,(-l-5 I lnl-.
Date: \D \ ;o \ '2-2
I I
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By~
Si ature of Authorized Representative
Name and Title of Authorized Representative
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".
Cour-k,
Firm Name
14-bo Nw 1~ kve,
Principal Business Address
Pomp~ o DekC h. Fi.--o 36ft; q
Telephone Number Facsimile Number
trirr1111&t'" ~ ~ar.4--dAf. Lo~
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:
1 f"j '1 ~ ?) 3 <)l,{f'I~ 11 I I Ci ~ 7
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 □ Partnership )lQ Corporation o LLC □ LLP o Other __________ _
Please identify the Firm's primary business: tJevJ CMS¼L,•hon, repo,;y-I (csu.r~e o.f
s pof'.\-C.o, ve-k
35 of 69
112 of 119
Please identify the number of continuous years your Firm has performed its primary business: 30
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
(;ie,.reml un trCU-f't)< 'Di3PR C:r-£-I 5\ go 3 tt' ll / /2/200'1
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm: N /A.
License/C~rtification 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
si~nin~ authority:
Authorized Signor's Name Title Signing Authority Threshold
(All, Cost up to $X-Amount, No Cost, Other) -r (i ,rnne, f" De.Jto V' Pre.-sitAe-""+ 1,m Ii l'h ·• Ye c,I
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.):
Total No. of Employees 40
Total No. of Managerial/Administrative
Employees \ L\
Total No. of Trades Employees by Trade z..to
INSURANCE INFORMATION
Please provide the following information about the Firm's insurance company:
Insurance Carrier Name
'2.""111 l--\Ct1$.\-e.d j2.cl
Fet<"'.)•ng±v:fl l-\"\\1 1 N;f l!&2'.31
Insurance Carrier Address
l~S1-1') ?-,,, ,,._,,4
Telephone No.
-1ody w; \ \<eA
Insurance Carrier Contact Person
jo~y. wi\Jcwe, bbf'"IM¥'-uirn
Email
Has the Firm filed any insurance claims in the last five (5) years? .IQ. No o 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 •
r
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
I&-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 Ownershi p (%)
"41 ~
I
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public
entities:
'2-3
bcarroll~ Si
By signing below, Bidder certifies that the information contained herein is complete and accurate to the
best of Bidder's knowledge.
Firm: 'F-cts-\--'Dr~ Cev,,r-+s I Inc.
Authorized Signature:~~
Print or Type Name: ,·r',rnrne.,r De+J-o'f
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Date: __,_I D-1\_,,_9...:;_0-+-\ 'L-"-'J..___ __
Title: _p_rt_(._i°_de--n __ t_
FORM7
BID FORM/SCHEDULE OF VALUES
1TB No. PR2023-I 5
Bid prices stated in the proposal 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 unit price contract. Contractor is responsible for all repairs, including complete restoration work to disturbed
elements and surface areas due to construction activities and disposal of all debris and materials off-site.
ITEM
NO.
1-1
1-2
1-3
1-4
1-5
1-6
1-7
1-8
1-9
1-10
1-1 I
1-12
1-13
1-14
1-15
ITEM
DESCRIPTION
Permit
Mobilization
Clean Court Surface
Remove and Dispose Court Lines, Nails, Center Anchors,
and Nets
Remove and Dispose existing Net Posts and Footers
Cap and Reposition Net Post Irrigation lines
60 tons of Green Rock Har-Tru I"
Net Posts, Footers, and Sleeves
Herringbone Linetape Sets Installed and Secured with Nails
(usta specs)
External Wind Net Posts
Streamliner Tennis Nets, Straps, Anchor Mates, and Locking
Bands
All Waste Hauled Off Site and Disposal
Remove and dispose 9' Tall Windscreens
9' Tall Custom Tenn-Air Pro Windscreen with Vents &
Installation*
Monochrome Windscreen Logos 60 SF
38 of 69
115 of 119
EST.QTY
I
I
I
3
6
6
I
6
3
3
3
I
540
540
6
UNIT TOTAL COST
LS $ iso
LS $ I, 000. oo
LS $ 3, {JbO, IP
EA $ 6 (J.).
II>
du
EA $ 5DlJ,
EA $ 500, °"
37, 4tl0. i;,o
LS $
EA $ CJoo.~ ..
EA $ 1,5W
....
EA $ IJ DDD
~
EA $ 37D
"" LS $ L50D
_i. O"
LF $
LF $ /4. 10
$ '1'10. c,)
EA
00
Total $ '1 '7 I t{ 1 Q • /.,_-,..
PROPOSAL SUBMITTED BY:
~o.~+ Dfj CoLif+L 10 C-·
Company
,virnrner-De-H-or
Name of Person Authorized to Submit
Pr~~-=>z_
Signature
Title
39 of 69
116of119
Telephone Number
Fax Number
Email Address
FORMS
REFERENCE LIST
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM,
BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #I
I
Public Entity Name: __ {2_if-'_/_o_f_~S_6J~U-_+_h_"'-M_1' {).,_(Y)_I _____ _
/
Reference Contact Person/Title/Department: Ben [{).}( ( 0 l I / D j ( ec-to Y-0-Y
Contact Number & Email t 6"1 -LJ I J,J • q 40 2
bc.eu--rol \ @-Sov-+hm i ct,rni ..Pl. 5 ov'
Public Entity Size/Number of Residents/Square Mileage: S fY1 Ct l I / 11, Li I g fl.ts itk,i---J / l • "3 s1 rr-1 les
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) Re. bw l +-(,OlM'·H 4 thl'l.4 {p Ci+-b[µ,-J-e
Vas cc-\\ Po.rr-}<. .. Ne,,V\J -h"'vnvh d,y-a;", Qew C,U-A--b,
>
'Qe;W SLtb bltSe.,: t\l,w ctW4. he,w f\~ pDS+-< l'\e--k
Is the Contract still Active? Yes __ No _XL-->-_
40 of 69
117 of 119
REFERENCE #2
Public Entity Name: Ci".J-y Ot Po ()1 pan D Be.Cll--h
Reference Contact Person/Title/Department: __ K~a"--'-1----'h_l e----'-e_n _ _:_B_:;___::_ow __ l e,y_-+/ ____ _
D,recA1)Y-ot-1-eh/'\rS / Pr;u-k, ~ Re.c.
Contact Number & Email q t;"Lj • S1-9 • 72 fl7
\\..Cl-rh lee,n, 'Bow I U@--Cop 6 }\. Cu«'
Public Entity Size/Number of Residents/Square Mileage: m u(ii'u,rn I } 11. 34g {-((iJ.v.-h I
I ' I
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) Po m (}tlr> D TuBvh Tenn J.5 C l-r1 -kt-
I
l-ly dn2 ~olM"'-1-~ / 2-6?-h>n s
7 / / / 7,-3 lo rr-p lt -h VI
Is the Contract still Active? Yes __ No __,X~-
41 of 69
118 of 119
REFERENCE #3
Public Entity Name: v; I I 0. 9 e O +-We I} in 3 -fp n
Reference Contact Person/Title/Department: Cb ur<K L--:11-/1 I Di (c,cfvr 0£ TenYJ ,'5
J
ContactNumber&Email 501-Jq/. 'fl,/ / cg;l/e vJe/linghn-P-1.gov'
Public Entity Size/Number of Residents/Square Mileage:---=-M~e._=d.L.!i....:::w::....:.rn..!...!...---------
(p /, ~ .3 ~ &s,·de,,"+s / 45.1-3 Squarimtlei1
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/ScopeofWork/Complexity) Villu_ge O+-We-I lin3-w11 Tenni's ~
S:f-w+--d«-k: A:uj 1$2-4i3-C.6rn(Jle--11·bn: S'ep-f. 30 202,3
Luw g (lAl)e, 1-1 PDC l-lydY-D toU,[B' j 12 Tons etAe,,h / navJ
1 ine.,~) neA--6' and fDf+
Is the Contract still Active? Yes __ No X
END OF SECTION 4
42 of 69
119 of 119
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made this day of
December, 2023 (the “Effective Date”) by and between the CITY OF SOUTH MIAMI, FLORIDA, a
Floridamunicipalcorporation,(the“City”),and FAST-DRY COURTS, INC.,a Florida profit corporation
(the “Contractor”).
WHEREAS, theCity issued Invitationto Bid No. PR2023-15 (the “ITB”)for construction of
TENNIS CLAY COURT RESURFACE IMPROVEMENTS, South Miami, FL 33143 (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 fortheProject (“Bid”),
which Bid isincorporatedherein by reference and made a part hereof as Exhibit “B”;and
WHEREAS, Contractor submitted the lowest, responsive and responsible bid in the amount of
$77,470 in response to the ITB and was selected and awarded this Contract pursuant to Resolution No.
2023 _ _ _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. SCOPEOF 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 theapproved plans, drawings
and/or specifications prepared by N/A (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:
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
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 forthereview and approval oftheProject Consultant or Cityas applicable.
This initial schedule shall establish the baseline schedule for the Project.
6
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 impactsthe Contract Time. Failure to
submit such schedules will result in the rejection of anysubmitted 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 versionsmust not be submitted in a .pdf format.
1.4. Records.
1.4.1.As-BuiltDrawings. Duringthe Work, Contractor must maintain records of all deviations
fromthe Drawings as approved by the Project Consultant and prepare two copies of As-Built Record
Drawingsshowing 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.Depthsof variouselementsof foundation in relation to finish first floordatum.
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 changesin dimensions and details.
1.4.1.5.Changes made by Project Consultant’s written instructions or by Change Order.
1.4.1.6.Detailsnot onoriginalContract 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.ApprovedShop Drawings: Provide record copies foreachprocess,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 surveyormust be providedto the City at no
additional cost, including digital l (CAD and PDF) versions.
7
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 placeone 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 goodorder 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 onecopyof each photograph inprint and digitally.The photographs must be printedon
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 asDropbox) or on a CD-ROMor 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 thesite, and theContractor 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 forthe 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.
8
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
accordancewith the requirements providedby 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 forty-five (45)
working 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 fullycompleted in accordance with the Contract Documents within forty-
five (45) working days from the date specified in the Notice to Proceed (“Final Completion
Time”).The Final Completiondate isdefined as the datedetermined by the Citywhen 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 Contractorto substantially complete the Work as defined in this Agreement within
the Contract Time, Contractor shall pay to City the sum of $920.00 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 $920.00 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 dueto City by Contractor exceeds monies due
Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City
9
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
$77,450, plus $7,000 contingency for any unforeseen construction-related activity, 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 ContractDocumentsandadjusted only by writtenchangeorders 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 scheduleof 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 Cityas applicable may require further breakdownafter review of the Contractor’s
submittal. The City reserves the right to require such information from the Contractor as may be
necessary to determine theaccuracy 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 shallnot be increased withoutwritten approval bythe 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 eventthere is a dispute betweenContractor 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:
10
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;
11
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.TheContractor 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 withtheWork orthis 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 theCity, 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 evidencethat the Work will not be completedwithin 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 acceptedby the City.
3.9. Cost Savings and Value Engineering.
12
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 establishthe Contract Price, as set forth in the Scheduleof
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 Savingsthrough a Change and the Schedule ofValues 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 (definedherein), 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 shallremain the propertyofthe City. TheContractor shallhave 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
13
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 indemnifiedhereunder
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 PropertyDamage. 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/CompletedOperations)
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: ⾙.
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. AdditionalInsured. 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:
⾙.
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
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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,
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 ContractDocuments.
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 thefollowing events:(1) worldwidepandemics 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 determiningtime 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.
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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.
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
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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
Contractorto make all necessaryrepairspromptlyand fully, Citymay declare Contractor in default.
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 materialsto ensure the prompt completion of the
Work within the Contract Time or Final CompletionTime 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 theWork 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
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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.
8.4. TerminationDue to Lack of Funding.This Contract issubject to theconditions 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
theWork and/or theProject pursuant to any borrowing legislation adoptedby theCity 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,interferenceor hindrance be reasonable or unreasonable, foreseeableor
unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled
only to extensionsof the Contract Time asthe 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, lossof productivity on this or any other project, lossof 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 projectsnot 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. LitigationofClaims.Mediation shall notbe requiredbefore 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 THEWORK
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 theContractDocuments asmay beconsidered necessary or desirable to completethe
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 arewithin the general scopeof the ContractDocuments, and all suchchanges
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 includethe 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
documentationto demonstrate the reasonablenessof theRCO.The Citymay require Contractor
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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,
the RCO must include anyschedule 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 isof the essence, the City reserves the right, at its sole option, to direct the Contractorto
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 costswith sufficient evidenceto be entitledto compensation from the City.
9.2. Continuing the Work. Contractor must continue to perform all Work under the Contract
Documentsduring 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 priorto 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-
prevailingparty allreasonable costs,expenses,paralegals’ fees, experts’feesand attorneys'fees including,
21
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
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
correspondingprovisions for the benefit of City providing for retention and audit of records.
10.7.3.The right to accessand 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.TheCity 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
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furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor
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
theProject site orany part thereof byreason of any Work, labor, services ormaterials supplied orclaimed
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
23
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.
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
CONTRACTOR 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:
24
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
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 alltimes enforce strictdisciplineand good orderamong 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 requirethe terminationor 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 performWork 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
25
stated herein. The manual on Uniform Traffic ControlDevises 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
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 usedupon or in any manner
be connected with the Work orappurtenances, 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 responsibilityto 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, regardlessof whether the Contractorhas 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: ⾙.
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
26
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.
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 performanceof 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 certifiesthat itand its subcontractors arenot 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 ScrutinizedCompanies 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.
27
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 CONTRACTOR
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:
By:
Name:
Title:
Entity:
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143 (telephone)
305-668-2510 (telephone)(email)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
With a copy to:
City of South Miami Attorney (telephone)
2800 Ponce de Leon Boulevard, Suite 1200 (email)
Coral Gables, FL 33134
larango@wsh-law.com (email)
28
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
29
NOTICE TO PROCEED
Dated: , 20
To:
Project Name:TENNIS CLAY COURT RESURFACE IMPROVEMENTS.
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:
30
31
CITY OF SOUTH MIAMI
INVITATION TO BID (ITB) No. PR2023-15
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
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: October 6, 2023
SUBMITTAL DUE DATE: November 3, 2023
SUBMITTAL DUE TIME: 10:00 AM
BID OPENING DATE: November 3, 2023
BID OPENING TIME: 10:30 AM
1 of 69 32
PUBLIC NOTICE
INVITATION TO BID (ITB) No. PR2023-15
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the TENNIS
CLAY COURT RESURFACE IMPROVEMENTS. Interested companies, firms, and individuals
(“Bidders”) may obtain a copy of Invitation to Bid No. PR2023-15 (the “ITB”) to be issued on October
6, 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. PR2023-15 for the “TENNIS CLAY COURT RESURFACE
IMPROVEMENTS.” Bids must be received by the City by no later than November 3, 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 on November 3, 2023. 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: October 6, 2023
2 of 69 33
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
22
Section 4: Bid Form – Form 7 38
Section 4: References – Form 8 40
3 of 69 34
SECTION 1.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the “City”) is soliciting bids for the TENNIS CLAY COURT
RESURFACE IMPROVEMENTS. (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 10/6/2023 1:00 PM
2
Non-Mandatory / Mandatory Pre-Bid Conference
and Site Visit
NONE
SCHEDULED
3 Deadline to Submit Questions / Requests for
Clarification 10/20/2023 10:00 AM
4 City Issues Addenda and Responds to Questions 10/31/2023 10:00 AM
5 Deadline to Submit Sealed Bids – Submission
Deadline 11/3/2023 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.
11/3/2023 10:30 AM
7 City Manager issues recommendation to City Commission 11/21/2023 7:00 PM
8 Award Bid(s) and Agreement(s) at City Commission
Meeting 11/21/2023 7:00 PM
4 of 69 35
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 November
3, 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 October 20, 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. PR2023-15, “TENNIS CLAY COURT RESURFACE
IMPROVEMENTS,” and addressed to:
5 of 69 36
Steven P. Kulick
City of South Miami Chief Procurement Officer
6130 Sunset Drive
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
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Form 6. Bidder’s Qualifications Survey
Form 7. Bid Form
Form 8. Reference List
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 five (5) 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
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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
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 “A,” 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
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(i) Members of the City Commission; or
(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
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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
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 “TENNIS CLAY COURT RESURFACE
IMPROVEMENTS” 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 the attached
Form, if included. 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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Bid Bonds may be submitted to the City Clerk’s Office no later than the Submittal Due
Date or, via the Demand Star electronic bid system, in the attached Form, if included, in
the ITB. The City Office address is below:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
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.
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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.
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 publi c 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:
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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.
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
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
ITB NO. PR2023-15
3.1 GENERAL REQUIREMENTS:
The work specified in this Request for Proposal (RFP) 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 RFP (the “Work”). The
Work is to be performed per specifications and the contract documents. The Work is to be
performed in accordance with the specifications and the contract documents (as defined in the
Instructions for Respondents) that are provided to the Contractor by the City 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. This 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); 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 of South Miami. Permit fees charged by other government entities, if required, are the
responsibility of the Respondent/Contractor; however, in all cases; it is the responsibility of
Respondent/Contractor to secure any and all permits that may be required for this project.
All of the Work must be reflected in the Respondent’s propo sal and “Schedule of
Values Form, found in “Form 7, Bid Form/Schedule of Values.”
All work is to be completed in accordance with specifications, engineering construction drawings,
and in accordance with the terms and conditions described in Section 3 “Scope of Work,” all
federal, state and local requirements, guidelines and regulations included the Florida Building
Code, the City of South Miami Land Development Code, all applicable ordinances of Miami-Dade
County, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project
involves a City park, public playground safety standards, rules and guidelines.
17 of 69 48
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays
from Monday through Friday—See Section 7-15 and 7-16 of the City’s Code of
Ordinances.
IT IS THE BIDDER’S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO
SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS SOLICITATION.
3.2 SPECIFIC REQUIREMENTS:
The City is soliciting proposals from highly qualified firms for professional services related to
professional tennis clay court resurfacing improvements at Dante Fascell Park. The scope of
work entails:
• resurface three (3) of six (6) Har-Tru tennis courts (south courts #1-3) in one 3-court
battery, measuring 180’ x 120’.
• replace three (3) pair of tennis net posts and center anchors with footers (extend (3) pair
of 3/4” irrigation lines for net post sprinklers to the new PVC sleeves).
• clean surface to remove visible surface algae and dead material.
• remove old lines and nails, scarify surface as needed, redistribute excess usable green rock
from the low end to the high end, apply sixty (60) tons of new Har-Tru material (± 20
tons per court) using laser guided grading equipment to help re-establish the original court
slope and a more optimal surface depth.
• install three (3) sets of new herringbone style line tapes secured with 2-1/2” aluminum
nails to USTA specifications.
• furnish and install three (3) pair of new NeverRust all-aluminum external wind net posts
(black) and Streamliner tennis nets with center straps, and anchor mates with locking
bands.
• courts must be rolled to initial firmness. All wastes will be hauled off site by contractor.
The awarded Contractor is responsible for all repairs, including complete restoration work to
disturbed elements and surface areas due to construction activities and disposal of all debris and
materials off-site.
All work must be completed within forty-five (45) working days, Monday through Friday.
Respondents are required to follow all federal, state and local codes as well as all rule compliance
and guidelines with Americans with Disabilities Act (ADA).
Court 1 Court 2 Court 3
18 of 69 49
3.3 SITE LOCATION:
The construction project will be held at Dante Fascell Park, located at 8600 SW 57th Avenue,
South Miami, FL, 33143.
3.4 PRICING - LUMP SUM PRICING:
Proposal pricing must be submitted in a “Lump Sum” by completing Form 7, “Bid
Form/Schedule of Values” and shall include all cost associated with completing this project as
outlined in the scope of services and associated design construction plans, if included. It is the
City’s intention to award this project to a single Contractor.
SCHEDULE OF VALUES :
RESPONDENTS ARE TO COMPLETE “FORM 7, BID FORM/SCHEDULE OF
VALUES.”
WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE
A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, “FORM 7, BID
FORM/SCHEDULE OF VALUES.”
THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT
BASED ON THE LUMP SUM AMOUNT SUBMITTED.
3.5 PROJECT DURATION:
After permit(s) have been secured/approved, the Respondent is responsible for completing this
project within forty-five (45) working days from issuance of Notice to Proceed/Purchase
Order/Email Notification from the City’s Project Manager.
3.6 WARRANTY:
Respondent/Contractor must include the following with their proposal: Applicable
warranty and/or guarantees of all material and labor, including:
• 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, Respondent/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 contract documents for this project, at a minimum, Respondent/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 respondent/contractor, Respondent/Contractor must
assign it to the City.
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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.
SPECIAL NOTE
A PERFORMANCE AND PAYMENT BOND AND A BID BOND ARE (NOT) REQUIRED
FOR THIS PROJECT
END OF SECTION 3
20 of 69 51
SECTION 4
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
ITB NO. PR2023-15
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/Schedule of Values √
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 Contract
Attachment B: Declaration /Affidavit of Representation
21 of 69 52
FORM 1
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Invitation to Bid, ITB No. PR2023-
15. 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
22 of 69 53
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
23 of 69 54
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. PR2023-
15 Tennis Clay Court Resurface Improvements 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)
24 of 69 55
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. PR2023-15 TENNIS CLAY COURT RESURFACE IMPROVEMENTS 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)
25 of 69 56
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
26 of 69 57
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
27 of 69 58
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;
28 of 69 59
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
29 of 69 60
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.
30 of 69 61
2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
ITB No. PW2023-15 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.]
31 of 69 62
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
32 of 69 63
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
33 of 69 64
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
34 of 69 65
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:
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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
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 (%)
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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:
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FORM 7
BID FORM/SCHEDULE OF VALUES
ITB No. PR2023-15
Bid prices stated in the proposal 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 unit price contract. Contractor is responsible for all repairs, including complete restoration work to disturbed
elements and surface areas due to construction activities and disposal of all debris and materials off-site.
ITEM ITEM EST. QTY UNIT TOTAL COST NO. DESCRIPTION
1-1 Permit 1 LS $
1-2 Mobilization 1 LS $
1-3 Clean Court Surface 1 LS $
1-4 Remove and Dispose Court Lines, Nails, Center Anchors,
and Nets 3 EA $
1-5 Remove and Dispose existing Net Posts and Footers 6 EA $
1-6 Cap and Reposition Net Post Irrigation lines 6 EA $
1-7 60 tons of Green Rock Har-Tru 1" 1 LS $
1-8 Net Posts, Footers, and Sleeves 6 EA $
1-9 Herringbone Linetape Sets Installed and Secured with Nails
(usta specs) 3 EA $
1-10 External Wind Net Posts 3 EA $
1-11 Streamliner Tennis Nets, Straps, Anchor Mates, and Locking
Bands 3 EA $
1-12 All Waste Hauled Off Site and Disposal 1 LS $
1-13 Remove and dispose 9' Tall Windscreens 540 LF $
1-14 9' Tall Custom Tenn-Air Pro Windscreen with Vents &
Installation* 540 LF $
1-15 Monochrome Windscreen Logos 60 SF 6 EA $
Total $
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PROPOSAL SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit
Proposal
Fax Number
Signature Email Address
Title
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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
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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
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. PR2023-15 (the “ITB”) for construction of
TENNIS CLAY COURT RESURFACE IMPROVEMENTS, South Miami, FL 33143 (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 N/A (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:
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
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 forty-five (45)
working 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 forty-
five (45) working 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 $920.00 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 $920.00 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
46 of 69 77
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
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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,
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.
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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.
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
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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.
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
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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.
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
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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,
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,
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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
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
59 of 69 90
furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor
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
60 of 69 91
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.
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:
61 of 69 92
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
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
62 of 69 93
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
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
63 of 69 94
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.
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.
64 of 69 95
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)
65 of 69 96
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
66 of 69 97
NOTICE TO PROCEED
Dated: , 20
To:
Project Name: TENNIS CLAY COURT RESURFACE IMPROVEMENTS.
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:
67 of 69 98
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.
68 of 69 99
END OF DOCUMENT
69 of 69 100
Exhibit A
Fast Dry Courts Bidding Documents
Proposal
101
102
SECTION 4
TENNIS CLAY COURT RESURFACE IMPROVEMENTS
1TB NO. PR2023-15
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/Schedule of Values ✓
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 Contract
Declaration /Affidavit of Representation
21 of 69
103
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services spec ified in the Invitation to Bid, 1TB No. PR2023-
l 5. I agree t hat my Bid will r emain firm for a period of 180 days after opened by the City in order co
al low the City adequate time to evaluate the Bid.
I cert ify 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 t he Firm named as the Proposing
Firm and that sa id Firm is ready, w i lling, and able to perform if awarded the Agreement.
I further certify, under oath, chat t his Bid is made w ithout pr ior understanding, agreement, connection ,
d is cuss ion, or collus io n w it h any other pe r son , firm or corporation submitting a Bid; no officer, employee
or agent of the City of South M iami or any other Bidder has an inte rest in said Bid . Furthermore, I certify
that the undersigned executed t h is Bid Form with full knowle dge and understanding of matters therein
contained and was duly authorized.
I further certify that the Bidde r acknowledges rece ipt of all Addenda issued by the City in connection with
the 1TB (Check the box next to each addendum received).
V Addendum I
Addendum 2 ---
Addendum 3 ---
___ Addendum 4
___ Addendum 5
___ Addendum 6
___ Addendum 7
___ Addendum 8
___ Addendum 9
___ Addendum 10
Attached hereto are t he following forms/documents wh ich form a part of t his Bid :
Form I .
Form 2A.
Form 28.
Form 3.
Form 4.
Form 5.
Form 6.
Form 7.
Form 8.
Bid Form Package Acknowledgement.
Bidde r '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
22 of 69
104
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
SIGNATURE OF BIDDER
T rimmer D~ f<es1de,,n-t
NAME & TITLE, TYPED
MAILING ADDRESS
\Aoo NW \ ?:> Pw~
d2i) q7 0 · 3 \ l \
TELEPHONE NUMBER
State of Florida
County of 'Bniwttm
The foregoing instrument was acknowledged befo r e me by means of ~ physical presence or _ online
notarization, this ~ dax ?f OcA"'b ~ , 20~. by :ai mfYJK ()e,,+fo,
(name of person) as ({£6 i avn:l: (type of authority) for ta S+-Dr'j {,ii,il-k, 1 y,c., •
___ (name of party on behalf of whom instrument is executed).
_/ __ Pe r sonally known to me; or
~~06
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: ______________ _
___ Did take an oath; or
___ Did not take an oath
23 of 69
105
(if Company or Corporation)
CERTIFICATE
STATE OF F [ar ;J(i..
COUNTY OF Y$nvJ~
FORM 2A
BIDDER'S CERTIFICATION
)
) ss
HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation r company existing under the laws of the State of--=--r-_lo_,_i'_J _~ ________ ,
held on __________ , 2023, the following resolution was duly passed and adopted:
RESOLVED. that, as .Pf esi"~f of the Corporation/Company, be and is hereby authorized
to execute the Bid dated, 11 / o ~ , 2023 to the City of South Miami for 1TB No. PR2023-
l 5 Tennis Clay Court Resurface Improvements 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 o D of Outv \,..q' . 2023.
---==:::=:-2--z ~
24 of 69
106
i.•
I
··: .. ,.·.
•'· ,.
.~·"';· :--... , . . : t • . .. ·" .. \.
··• . .; !: ..
'·
107
(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 , ass
"RESOLVED, that -----------------"",,+--+--
as _____________________ ----4-__ ---1,__ ___ o f the Partnership,
be and is hereby authorized co execute the Bid dated _______ ,, 023, co the City of South
Miami for 1TB No. PR2023-l 5 TENNIS CLAY COURT RESURFACE IMPROVEMENTS from
this partnership and that h is execution of thereof, attested by the shall be the official act and deed of chis
Partnership ."
I further certify th at sa id r esolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this __ , day of ____ , 2023 .
Secretary
(SEAL)
25 of 69
108
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: h:A6-\-Dr~ Co w+f, lf\C-/ 1(1mmef ()e,tnV / Pre,f> ,· du,1 +
For (Name of Proposing or Bidding Entity): fCt 5 +-Dfy cour-k , I re...
Whosebusinessaddressis: 1400 NvJ 13 Ave ) Pompa,n(J fuchri, 330tpq
And (if applicable) its Federal Employer Identification Number (FEIN) is: 6Ci -2. ~ 2 I (pt.f-0
(if the entity does not have an FEIN , include the Social Security Number of the individual signing this sworn
statement. SS#: N / A --,------------------+
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 T itle 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.
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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 gui lt or a conv iction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of r ecord relating co 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, sha reholders, 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 equ ip ment 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 pe r son who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be cons idered 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 w ith 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 be li ef, 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, I 989 .
D The entity submittin g this sworn statement, or one or more of its officers, directors, executives,
partners, shareholder s. employees, members, or agents who are active in the management of the entity,
or an affil iate of the entity has been charged with and convicted of a public entity crime subsequent co 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 cha r ged with and convicted of a public entity crime subsequent to July
I , 1989. However, there has been a subsequent proceeding before a Hearin g Officer of the State of Florida
, Division of Administr ative Hearings and the final Order entered by the Hearing Officer determined that
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110
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.
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 M iami-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 chis contract.
r, --g
Bidde lni
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 app licable 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 d isqualified from submitting any future bids or Bid for
goods or services to City. --.--
Bidd 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;
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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.
I
Bidd R tials
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 Scrutin ized 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.
- I ,
Bidde ~ tials
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 qual ify as a drug-free workplace, Bidder must:
a) Publish a statement notifying employees that the unlawful manufacture, distr ibution , 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
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112
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 requ ire 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 be low, 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.
D The entity submitting this sworn statement is not a drug-free workplace. -r
Bidd 1Ritials
City Non-Discrimination Requirements Affidavit
Bidder understan ds 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. I 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, marita l or familial status, age, or disability in a
discriminatory manner. The term boycott does not i nclude a decis ion based upon business or economic
reas ons , or boycotts, embargoes, trade res trictions, 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 South M;am;
Bidde ~tials
Acknowledgment. Warranty. and Acceptance
I. Contractor warrants that it is willing and able to comp ly with all appli cable state of Florida laws . rules
and regu lations.
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2. Contractor warrants that it has read , understands, and is wi l ling to comply with all requirements of
1TB No. PW2023-15 and any addendum/addenda re lated thereto.
3. Contractor warrants that it w ill not de le gate or subcontract its responsibi lities under an agreement
without the prior w r itten perm ission of the City Commission or City Manager, as applicable .
4. Contractor warrants that al l information provided by it in connection with this Bid is true and
accurate .
Bidder~s
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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Signed, sealed and delivered by:
--&~
Print Name: Tf1 ml'l"\e,( De.+tvr
Title: f f e-, 1 d C,f'l.+
ACKNOWLEDGMENT
State of Florida _ ~I
County of _t)~ivt)_W_wr_ (,,\ __
The foregoing instrument was acknow~edged before me by means of -1._ ~hysical presence or_ online
notarization, this ~ day of O Gh)\,pt' 20 ~. by 1'1 rnr<'tvr De.#vl
(name of person) as P(e~ i'blvn .}-(type of authority) for F-tl. s+-COW¼, ll"(, •
___ (name of party on behalf of whom instrument is executed).
Personally known to me; or
Y{~n""'-
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: _______________ )
___ Did take an oath; or
___ Did not take an oath
.
t~Jv-,.,...,...f'V'W~~W'VV'W
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FORM ◄
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 you r firm or any of its officer s, 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 j ------~~--
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 , sta te 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 su it 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.
State of Florida . J
County of '\3(bW{.U'"Ol
ACKNOWLEDGMENT
The foregoing instrument was acknow ~ecjged before me by means of ttJ physical presence or D online
notarization, this ~0 day of 0C,f])\.5e-< 20 '2-.3, by -(fli'flrnB'f De,,b-h,.r
(name of person) as f (@ i t,½n -1--(type of authority) for Far-r DMj
(OJl(.\1 , \nt , (name of party on behalf of whom instrument is executed).
__ x_-'· _Personally known to me; or
;5lsa+a/4J;c/l6,, ~
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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116
FORMS
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
Th is certification is r equi red by the regu la tions i mplementing Executive Order 12549, Debarment and
Suspens ion, I 3 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 ava i lable from local offices of the U.S. Small
Bus iness Administration.
(I) The prospective primary participant certifi es 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 loca l) transact ion or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezz le ment, theft, forgery, bribe ry, falsification or
destruction of records, making false statements, or rece iving 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 preced in g this app li cat ion had one or more public
transactions (Federal, State, or loca l) term inated 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: f::=C{{.\-L)r1 Cb\)l(·t-5, Inc..
Date: \ D \ ~O \ '1-3 By~
Si ature 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 Fo r m exceed five (5) pages . Some information may not be applicable ; in such
instances , please insert "N/A".
ras.}--Dr'-/ Cou..r+s , Jnc..
Firm Name J
14-bD NW I:> kve, PomplY) o T3e.a.c"1-Ft--o3D<tJq
Principal Business Address
Telephone Number Facsimile Number
t<i mrnc,r (!_,, B:ir.}-d j ,ll>vn
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 ty pe of e ntity fo rm o f th e Firm (if other, pl ease de scribe):
o Individual □ Partnership M Corporation o LLC o LLP o Oth e r __________ _
Please identify the Firm's primary business : I.Je vJ l0()5~·-h 0 n, re p a,;y-, (c~u..rit:d'e o+ s p oY--.\-Co, .vr::-k
35 of 69
118
Please identify the number of continuous years your Firm has performed its primary business: 30
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
G.e,,reml un trM--tv< 1)i3PR. rr-f -15\ go3tr I\/ /2/VJ0'4
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm: N /A.
License/C ertification 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
signing authority:
Authorized Signor's Name Title Signing Authority Threshold
(All, Cost up to $X-Amount, No Cost, Other)
"f(irnrner DeJ-tr:>r \?re.~iJe-(\-4--l).n Ii rn ·, l--c c,1
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 40
Total No. of Managerial/Administrative
Employees \4
Total No. of Trades Employees by Trade z_'°
INSURANCE INFORMATION
Please provide the following information about the Firm's insurance company:
Insurance Carrier Name
'2.(.,111 \-\ab.\-ed 12-d.
i::a,ro·,'t)g:hW l::\°l\l ,N:f ll%,31
Insurance Carrier Address
l~S11') ?J?)\-17:,14
Telephone No.
~ody w;\\t~,(\
Insurance Carrier Contact Person
j o~y . wi \ke,ri~ bbr(M)\r\-torn
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 •
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119
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 owner sh ip held by the stated owner/partner:
Owner/Partner Name Other Entity Name Ownership (%)
t,J /~
I
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public
entities:
No. Email Address
.b ca rro 11 <!! Si
By sign in g be low, Bidder certifies that the information contained herein is complete and accurate to the
best of Bidder's knowledge.
Fi r m: l='a.s-1-~l!JX'-h Inc '
Authorized Signature~,......== ;:>; Date: ~ID__,\_?7_o _\ 'i~)~--
Print o r Type Name: -"ti1 rn me, r De-+f-DY Title: prc,i' dt--n t
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FORM7
BID FORM/SCHEDULE OF VAL UES
1TB No. PR2023-15
Bid prices stated in the proposal 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 unit price contract. Contractor is responsible for all repairs, including complete restoration work to disturbed
elements and surface areas due to construction activities and disposal of all debris and materials off-site.
ITEM ITEM
EST.QTY UNIT TOTAL COST
NO. DESCRIPTION
1-1 Pe r mit I LS $ iso
1-2 Mobi lization I LS $1,000 .
00
1-3 Clean Court Surface I LS $ 3, DOD , t,LJ
1-4 Remove and Dispose Court Lines , Nail s, Center Anchor s, 3 EA $ 5CD .
j(,
and Nets
1-5 Remove and Dispose existing Net Posts and Footers 6 EA '" $ 5DlJ ,
1-6 Cap and Repos ition Net Post Irrigation li nes 6 EA $ 5DlJ , 1)/>
3 7, 4'10 . oo
1-7 60 tons of Green Rock Har-Tru I" I LS $
1-8 Net Pos t s, Footers , and Sleeves 6 EA $ qoo . 0->
Herringbone Linetape Sets Installed and Secured w ith Nails ...
1-9 (usta specs) 3 EA $ 1,5W
...
1-10 Ex t ernal W ind Net Posts 3 EA $ I) ODD
1-11 Streamliner Tenn is Nets, Straps , Anchor Mates , and Locking $ -
Bands 3 EA 37D
"" 1-12 All Waste Hauled Off Site and Disposa l I LS $ L5oo
.i . O"'
1-13 Remove and dispose 9' Tall Windscreens 540 LF $
1-14 9' Ta ll Custom Tenn-Air Pro Windscreen wi t h Vents & /4 . •o
Ins tall atio n* 540 LF $
$ 1110 . c,)
1-15 Monochrome Windscr een Logos 60 SF 6 EA
(JO
Total $ r-r1 , l-t 1 o . 1'f..,_
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PROPOSAL SUBMITTED BY:
~o.s--\--Drj Cou.x-+5 • lr"C-·
Company Te lephone Number
--r f i rn rne r De-lli-r
Name of Person Authorized to Submit Fax Number
Prop ~~
Signature Emai l Address
Title
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FORM8
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: __ t_i }-_f_o_f_---"S"-d!_U-a,_+h _ _______,;.M_1'_{).,_rn_1 ______ _
I
Reference Contact Person/Title/Depa rtment: Be n Ca,,r-rol I / Direc-}ur-of
Contact Number & Em ai l f 6fti -L/ J t.J • q 40 Z
b e, cu-~ o I \ @, S D0-+h m i tLf'Y\; -P \ . 5 oV
Pub l ic Entity Size/Number of Residents/Squ are M ileage: s rnltl I / r I J 41 g /(ts ititrln / '2-' "3 s1 )'7"\i\es
Event(s) Completed (include Name of Project/Even t, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) Re. bw l +-C,olN(,1-.i 4 th)'\,! tp C<.+-bt,u,-J-e
v a s e,,c, \ \ P evr }< .. N e,,,v\J +Y t,,n oh d,c a; (\ , Q e w C1).,,r b , ,
'OtW s u,b ba5e, ,· tv.,w o lW-(l t\e,w l"\u pDS-l-{ neA--1
Is the Contract still Active? Yes __ No _X~-
40 of 69
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REFERENCE #2
Public Entity Name: __ C_,·_++'/ __ ot.;___p-=-D_;_()1_pl"-t1n:::..::...:....=O __ l?Je--=--=--M--=---h-------, r-
Reference Contact Person/Title/Department: __ K-----"-a---'+---'-h_l e_e_n _-'-B..:........::..ow __ l er_-+/ ____ _
Contact Number & Email q q~ • 81-9 · 7 2 <i1
)(u+h lee,n , 'Gow I U @,, Cop b }I . cu('("\
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/ J. I
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Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) Po m t){ln D &CtGh Tenn /s C {.,fl fG/'
I
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Is the Contract still Active? Yes __ No _____,X'--'---
41 of 69
124
REFERENCE #3
Public Entity Name: \/d I Ci @e o+ We-1/ing ±m
Reference Contact Person/Title/Department: C 6 w,,K [----,i] I / Di (c,cfv r 0£ Tenl1 , ... 6
7
ContactNumber&Email 5&l ·Jq ,. 4]1 / / cg ill e we ll,ngb n-P-l .g ov
Public Entity Size/Number of Residents/Square Mileage:----'-M-"-'=e__=d ...... i--'-wm'-'-'---' _______ _
(pt , Lf ,3<& &s i'd0A +s / 45, 1-3 Sq uare, mi le()
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) v, 11 Yj e O+-Wt 11 in3 ilJV1 T8nn, 's ~
~±cv-r da-k : A:u j 1$1_42,3 -CJ rnp ~,h'bn : ~ep -f . 30 2oz3
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Is the Contract still Active? Yes __ No X
END OF SECTION 4
42 of 69
Member Name City of South Miami
Bid Number ITB-(ITB) No. PR2023-15-0-2023/SK
Bid Name TENNIS CLAY COURT RESURFACE IMPROVEMENTS
14 Planholder(s) found
619 NOTIFIED
SupplierName FullNameEmail Address1 City State Postal DeclaredAttributes
bercow radell fernandez
larkin and tapanes Peter Shoemakerpdshoemaker@brzoninglaw.com
200 S. Biscayne Boulevard
Suite 300 Miami FL 33131
ConstructConnect ConstructConnect Bid Opportunitiescontent@constructconnect.com3825 Edwards Rd Cincinnati OH 45209
Dodge Data Bonny Mangolddodge.docs@construction.com
4300 Beltway Place, Ste
150 Arlington TX 76018
Fast-Dry Courts Natalie Lebronnatalie@fast-dry.com1400 NW 13TH AVE
Pompano
Beach FL 33069
J Courts Inc.Diane Halsteadjcourtsresurfacing@protonmail.com2604 Wrencrest Circle Valrico FL 33596
Lincoln Surety Group L.L.C.Mark Kowalskimark@lincolnsuretygrp.com7446 Featherstone Blvd Sarasota FL 34238
M&J GENERAL
CONTRACTORS CESAR DE LUNAcesar@mjgeneralcontractors.com300 Palermo Avenue
CORAL
GABLES FL 33134
Hispanic Owned,
Small Business,
Woman Owned
Next Gen Construction &
Earthwork Bryan Vegabryan@nextgenmiami.net
20000 Northwest 83rd
Court Hialeah FL 33015
Onvia, Inc. - Content
Department Content Source Managementsourcingsupport@deltek.com509 Olive Way, Suite 400 Seattle WA 98101
PIMENTEL CONSTRUCTION
GROUP JONATHAN PIMENTELJONATHAN@THEPIMENTELGROUP.COM4490 SW 154TH AVENUE MIAMI FL 33185
Pine Total Product Corp Christian Cascaranoadmin@pinetotal.com
5302 NW 106TH CT
DORAL Miami FL 33178
SC Contractors, LLC SANDRA CHACONchacon.sandra@gmail.com20431 SW 1 STREET
Pembroke
Pines FL 33029
Hispanic Owned,
Woman Owned
SPORT SURFACES LLC paulo goldsales@SPORTSURFACES.COM7011 WILSON RD
West Palm
Beach FL 33413
Hispanic Owned,
Small Business
Welch Tennis Janet Schriverjanet@welchtc.comPO Box 7770 Sun City FL 33586
2 Document(s) found for this bid
125
126MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, of Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI· INVITATION TO BID (1TB) NO. PR2023 -15 in the XX.XX Court, was published in a newspaper by print in the issues of Miami Daily Business Review f/k/a Miami Review on 10/10/2023 Affiant further says that the newspaper complies with all legal for publication in chapter 50, Florida Sworn o and subscribed before me this 10 day of OCTOBER. A.O. 2023 (SEAL) GUILLERMO GARCIA personally known to me PUBLIC NOTICE INVITATION TO BID PTB) NO. PR2023-15 TENNIS CLAY COURT RESURFACE IMPROVEMENTS NOTICE IS HEREBY GIVEN that the City of South Miami \'City') is soliciting bids for the TENNIS CLAY COURT RESURFACE IMPROVEMENTS. Interested companies, firms, and individuals ("Bidders") may obtain a copy of Invitation lo Bid No. PR2023-15 (the "ITB") to be issued on October 6, 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 htt s://network.demandstar.co . 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. II is the Bidder's sole responsibility to ensure receipt of any issued notice or addenda relating to this 1TB once posted lo the website. The bid submission shall be submitted electronically via DemandStar and marked 'Bid lo City of South Miami, 1TB No. PR2023-15 for the "TENNIS CLAY COURT RESURFACE IMPROVEMENTS.• Bids must be received by the City by no later than November 3, 2023 at 10:00 a.m. EST. E-81D OPENING VIA VIDEO CONFERENCING: The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Biddlng). To register as a business, go to https://network.demandstar.com/ • Bids will be publicly opened through video conferencing using the Zoom platfonn at 10:30 AM, local time on November 3, 2023. Members of the public are invited to view the bid opening meeting through Zoom at https://zoom.usfj/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 lime and date will be rejected and retomed unopened. Bidders are responsible for ensurin!!)--that their bid is received in the City by the deadline. A pre-response conference will NOT be held for this project 10/10 Nkenga A. Payne, CMC, FCRM City Clerk, City of South Miami 23-44/0000688426M
11/3/23, 11:03 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=FASTDR…1/3
Document Number
FEI/EIN Number
Date Filed
State
Status
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Profit Corporation
FAST-DRY COURTS, INC.
Filing Information
J77733
59-2821640
06/11/1987
FL
ACTIVE
Principal Address
1400 NW 13 AVE
POMPANO BEACH, FL 33069
Changed: 02/14/2014
Mailing Address
1400 NW 13 AVE
POMPANO BEACH, FL 33069
Changed: 02/14/2014
Registered Agent Name & Address
SNYDER, SHAWN C
7931 S.W. 45TH STREET
DAVIE, FL 33328
Name Changed: 04/10/2012
Address Changed: 04/10/2012
Officer/Director Detail
Name & Address
Title Director, CEO
DETTOR, STEPHEN N
1400 NW 13 AVE
POMPANO BEACH, FL 33069
Title Director, President
D C Florida Department of State
127
11/3/23, 11:03 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=FASTDR…2/3
DETTOR, TRIMMER B
750 NE 9TH AVENUE
POMPANO BEACH, FL 33060
Title Director, VP, Secretary
DETTOR, TODD M
1200 NE 3RD ST
POMPANO BEACH, FL 33060
Title Director, Treasurer, Asst. Secretary
DETTOR, DAVID H
702 NE 9TH AVE
POMPANO BEACH, FL 33060
Title Director
Dettor, Daniel
2432 NE 26 Terr
Fort Lauderdale, FL 33305
Annual Reports
Report Year Filed Date
2021 01/13/2021
2022 03/03/2022
2023 02/16/2023
Document Images
02/16/2023 -- ANNUAL REPORT View image in PDF format
03/03/2022 -- ANNUAL REPORT View image in PDF format
01/13/2021 -- ANNUAL REPORT View image in PDF format
01/16/2020 -- ANNUAL REPORT View image in PDF format
03/28/2019 -- ANNUAL REPORT View image in PDF format
02/23/2018 -- ANNUAL REPORT View image in PDF format
04/19/2017 -- ANNUAL REPORT View image in PDF format
02/16/2016 -- ANNUAL REPORT View image in PDF format
01/26/2015 -- ANNUAL REPORT View image in PDF format
02/14/2014 -- ANNUAL REPORT View image in PDF format
03/14/2013 -- ANNUAL REPORT View image in PDF format
04/10/2012 -- ANNUAL REPORT View image in PDF format
02/14/2011 -- ANNUAL REPORT View image in PDF format
04/15/2010 -- ANNUAL REPORT View image in PDF format
04/13/2009 -- ANNUAL REPORT View image in PDF format
04/08/2008 -- ANNUAL REPORT View image in PDF format
05/02/2007 -- ANNUAL REPORT View image in PDF format
04/11/2006 -- ANNUAL REPORT View image in PDF format
06/17/2005 -- ANNUAL REPORT View image in PDF format
128
11/3/23, 11:03 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=FASTDR…3/3
01/29/2004 -- ANNUAL REPORT View image in PDF format
02/20/2003 -- ANNUAL REPORT View image in PDF format
03/18/2002 -- ANNUAL REPORT View image in PDF format
01/19/2001 -- ANNUAL REPORT View image in PDF format
01/19/2000 -- ANNUAL REPORT View image in PDF format
01/28/1999 -- ANNUAL REPORT View image in PDF format
01/16/1998 -- ANNUAL REPORT View image in PDF format
03/27/1997 -- ANNUAL REPORT View image in PDF format
04/09/1996 -- ANNUAL REPORT View image in PDF format
04/18/1995 -- ANNUAL REPORT View image in PDF format
Florida Department of State, Division of Corporations
129
1400 NW 13 AVE
POMPANO BEACH, FL 33069
Current Principal Place of Business:
Current Mailing Address:
1400 NW 13 AVE
POMPANO BEACH, FL 33069 US
Entity Name: FAST-DRY COURTS, INC.
DOCUMENT# J77733
FEI Number: 59-2821640 Certificate of Status Desired:
Name and Address of Current Registered Agent:
SNYDER, SHAWN C
7931 S.W. 45TH STREET
DAVIE, FL 33328 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
FILED
Feb 16, 2023
Secretary of State
5430822366CC
TRIMMER DETTOR PRESIDENT 02/16/2023
2023 FLORIDA PROFIT CORPORATION ANNUAL REPORT
Yes
Title DIRECTOR, CEO
Name DETTOR, STEPHEN N
Address 1400 NW 13 AVE
City-State-Zip:POMPANO BEACH FL 33069
Title DIRECTOR, VP, SECRETARY
Name DETTOR, TODD M
Address 1200 NE 3RD ST
City-State-Zip:POMPANO BEACH FL 33060
Title DIRECTOR
Name DETTOR, DANIEL
Address 2432 NE 26 TERR
City-State-Zip:FORT LAUDERDALE FL 33305
Title DIRECTOR, PRESIDENT
Name DETTOR, TRIMMER B
Address 750 NE 9TH AVENUE
City-State-Zip:POMPANO BEACH FL 33060
Title DIRECTOR, TREASURER, ASST.
SECRETARY
Name DETTOR, DAVID H
Address 702 NE 9TH AVE
City-State-Zip:POMPANO BEACH FL 33060
130