Res No 130-24-16235RESOLUTION NO. 130.-24-16235
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, SELECTING AND AWARDING A CONTRACT
FOR CONSTRUCTION TO HYCON INVESTMENTS, LLC
FOR CONSTRUCTION OF THE RESTROOM-
CONCESSION BUILDING AT SOUTH MIAMI PARK
PROJECT PURSUANT TO INVITATION TO BID (1TB) NO.
PR2024-07 IN AN AMOUNT NOT TO EXCEED $2,560,594.31;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND TO ENTER INTO A CONTRACT FOR THE PROJECT;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
AND AN EFFECTIVE DATE.
WHEREAS, on May 24, 2024, the City of South Miami (the "City") issued Invitation to
Bid No. PR2024-07 ("ITB',) for construction of the Restroom-Concession Building at South
Miami Park Project (the "Projece'); and
WHEREAS, seven (7) sealed bids were received by the 1TB deadline; and
WHEREAS, after review and evaluation of the bids, City Staff determined that Hycon
Investments, LLC (the ucontractor,,) was the lowest, responsive and responsible bidder, with a bid
for the Project in the amount of$2,133,827.76; and
WHEREAS, the City Commission desires to select and award a contract to the Contractor
to construct the Project in the amount of $2,133,827.76, together with a $426,766.55 contingency
for the Project, for a total amount not to exceed $2,560,594.31 and authorize the City Manager to
negotiate and enter into a contract in substantially the form attached hereto as Exhibit "A,,
(the "Contracf') with the Contractor; and
WHEREAS, the cost of the Project shall be charged to American Rescue Plan Act (ARPA)
Account No. 121-2000-572-6550 in the amount of $1,436,721 and the Capital Improvements
Program Parks & Recreation AccoWlt No. 301-2000-572-6450 in the amount of $1,123,873.31
(inclusive of a $426,766.55 contingency), or such other funding source(s) as determined by the
City Manager to be in the best interest of the City; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. 111at each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Res. No. I 30-24-I 6235
Section 2. Selection and Awal'd. That the City Commission hereby selects the
Contractor and awards the Contractor the Contract to construct the Project.
Section 3. Authol'ization. That the City Commission hereby authorizes the City
Manager to negotiate and execute the Contract, in substantially the form attached hereto as
Exhibit "A ," with the Contractor to construct the Project in the amount of $2,133,827.76, together
with a $426,766.55 contingency for the Project, for a total amount not to exceed $2,560,594.31 ,
subject to the final approval of the City Attorney as to form, content, and legal sufficiency. The
cost of the Project shall be charged to American Rescue Plan Act (ARPA) Account No. 121-2000-
572-6550 in the amount of $1,436,721 and the Capital Improvements Program Parks & Recreation
Account No. 301-2000-572-6450 in the amount of $1 ,123,873.31 (inclusive of a $426,766.55
contingency), or such other funding source(s) as determined by the City Manager to be in the best
interest of the City.
Section 4. Implementation. The Cit y Manager is hereby authorized to take any and
all action necessary to implement the Project, the Contract and the pw-poses of this Resolution :
Section 5. Corrections. Conforming language or technical scrivener-type corrections
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 3rd day of September, 2024.
ATTEST:
CITY CLE
READ AND A ROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
& ' ..
CITY ATTORNEY
FMANCOLE
APP ~
MAYR
COMMISSION VOTE: 5-0
Mayor Fernandez : Yea
Vice Mayor Bonich: Yea
Commissioner Calle: Yea
Commissioner Liebman : Yea
Commissioner Corey : Yea
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CONTRACT FOi{ CONSTRUCTION
THIS CONTRACT fi'OR CONSTRUCTION (this "Contract") is made this I Z.~~
day of I O c +ob-er:: L 2024 (the ''Effective Date") by and between the CITY OF SOUTH
MIAMI, FLORIDA, a Florida municipal corporation, (the "City"), and HYCON INVESTMENTS,
LLC, a Florida limited liability company (the "Contractor").
WHEREAS, the City issued Invitation to Bid No. PR2024-07 (the "lTB") for constrnction
of the Restroom-Concession Facility Building at South Miami Park (the "Project"), which 1TB is
incorporated herein by reference and made a purl hereof as Exhibit "A"; and
WHl~IU~AS, in response to the City's 1TB, the Contractor submitted a hid for the Project
("Bid"), which Bid is incorporated herein by reference and made a pai1 hereof as Exhibit "B"; and
WHEREAS, Contractor submitted the lowest, responsive and responsible bid in the amount
of $2,133,827.76 in response to the 1TB and was selected and awarded this Contract pursuant to
Resolution 130-24-16235 ~ 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 fo11h in this Contract.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the City agree as follows:
l. SCOPE OF WORK
l. 1. Scope of Wo.-1<. 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
1TB, the Contractor's Bid attached hereto as Exhibit "B" approved constrnction Plans and
Technical Specifications prepared by EAC Consulting (the "Project Consultant'1) attached
hel'eto as Exhibit "C" (the "Plans") and any other documents incorporated herein by reference
and made a part of this Contract for the following Project:
RESTROOM-CONCESSION FACILITY BUILDING AT SOUTH MIAMI PARK
1.2. Pre-Constmction Confc.-encc. 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 Contractol', 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. l. 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
Pagel of39
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 Prqject Schedules must be prepared in Microsofi Prqject 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 fommt.
1.4. Rccol'ds.
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 col1'ect
and accurate, including the actual location of all infrastrncture, 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 uppurtcnances 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 or 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
clrnwings.
1.4 .1.9. Specifications and Addenda: Legibly mark each section to record:
1.4.1.9.1. Manufacturer, trade name, catalog number nnd Supplier of each product and
item of equipment actually installed.
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J .4. I .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.
I .4.1.10.1. As-built documents must be updated monthly as a condition precedent to
payme11t. 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.
l.4.1.10.2. For construction of new building, or building additions, field
improvements, and or roadway improvements, us-built drawings must be signed and
scaled by a Florida Licensed Registered Land Surveyor.
t .4.2. H.ccord Set. Contractor must maintain in a sate place one record copy and one permit
set of the Contract Documents, including, but not limited to, all Drawings, Specifications,
amendments, COs, RFis, and lield directives, as well as all written interpretations and
clarifications issued by the Project Consultant, in good order and annotated to show all
changes mude dming 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 lo adapt the Work lo 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 ce11ify 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 Jiles.
1.4.3. Constrnction Photog1·aphs. Prior lo 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 lo 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 clem·ly identifying the
name of the Project, the name of the Contractor, and the timeframe in which the pictmes 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 lo be submitted in clear plastic sleeves that can
be added to the binder. The three-ring binder musl be of such size to be ublc to hold ull print
pictures.
1.5. Staging Site.
1.5. 1. The Contractor is solely responsible for making all anangements for any staging site(s)
that may be necessary for the performance of the Work and the Contractor is responsible for
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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.S.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 Pr~ject. 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 pennits 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. Pm·chase and Delivery, Storage and Installation. All materials must be F.0.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 delive1y. 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 Cmmty, and local laws, mies and regulations. No materials will be stored on-
site without the prior written approval of the City.
1.7. Appro,•al of Subcontr·actors, 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 appmval 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. Proicct Signagc. Contractor must furnish and install two (2) Pr~jecl signs nt the Pr~ject Site in
accordance with the requirements provided by the Project Consultant or the City as applicable.
2. CONTRACT TIME
2.1. Contractor shall be instrnctcd to commence the Work by written instructions in the fonn 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 oflhe essence throughout this Contract. The Contractor shall prosecute the Work with
faithfulness and diligence and the Work shall be substantially completed within 270 calcndnr
dnys from the date specified in the Notice to Proceed ("Contrnct Time"). Substantial
Completion shall be defined for this purpose as the date on which City receives beneficial use of
the Project. The Wol'k shall be fully completed in accordance with the Contmct Documents
within 300 calendar days from the dnte specified in the Notice to P1·occcd ("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
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T-
Contraclol' has delivel'ed 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, Contractol' shall pay to City the sum of $2,650 fol' each calendar day aftel'
the expiration of the Contract Time that the Contractol' fails to achieve Substantial Completion up
until the date that the Contractol' achieves Substantial Completion. Upon failure of Contractol' to
fully complete the Work and achieve Final Completion within the Final Completion Time,
Contractor shall pay to City the stun of $2,650 for each calendar day aftel' 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 foll beneficial occupancy and use of the
Project as required. Liquidated damages arc hereby fixed and agreed upon between the pm1ics 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 mnount of said excess.
3. CONTRACT PIUCE AND PAYMENT PllOCEDUlmS
3.1. Guarnnteed Maximum Pa·ice. The City shall pay the Contractor an amount not to exceed
$2,133,827.76 for the pel'formance 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 sel'vices, 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 pat1ies 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 or schedule of values within
ten ( l 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 ftn1her
breakdown aller review of the Contractor's submittal. The City reserves the right lo 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 he 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
Page 5 of39
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 afte1· receipt of the Pay Application. Any rejection
shall specify the applicable deficiency and necessary corrective action. Any undisputed portion
shull 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 0111 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
Prqjcct 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 01·
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,
subconlractors, 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 nnd 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. Finni 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
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Cily'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 1·equired 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
atl1davits 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. Al 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 all or a portion of a portion any payment,
including a final payment, for application to such extent as may be reasonably 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 llml the amount withhelu shall be limited lo 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;
Page 7 of39
3.6.3. The Contractor fails lo 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 can-y oul 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. Pnymeut to Sub-Contractors; Certification of Payment to Subcontractors. The tenn
"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 relainage 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 E11ginee1·ing.
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 difierence 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 he adjusted in accordance with any Cost Savings through a Change and the Schedule of
Values shall also he revised lo reflect the new Contract Price.
Page 8 of39
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 m1d 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 rm and any Bidding Documents or procurement
documents for the Project, the Contractor's Bid for the Project (including the Schedule of Bid ltcms-
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 sul~ject 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 ofa 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: ARPA Addendum;
4.4.3. Third Priority: This Base Agreement;
4.4.4. Fourth Priority: Exhibit "C," the Plans and Technical Specifications;
4.4.5. Fifth Priority: Exhibit "A," the 1TB;
4.4.6. Six.th Priority: Exhibit "B," the Bid; and
4.4.7. Seventh Priority: Contrnct Documents, excluding this Base Agreement and Exhibits
listed in this Section.
5. INDEMNIFICATION
Page 9 of39
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 hut not limited to legal fees and costs and through appeal, arising out 01:
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 destrnction 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 pmsuant to this Contract, including payment of reasonable
attorneys' fees and costs in the defense of any claim made under the rair Labor Standards
Act , Title VII of the Civil Rights Act of 1964, the Age Discriminntion in Employment Act,
the Americans with Disabilities Act or any other employment relale<l 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 oflnsurance shall be provided to the City, reflecting the City as an t\clditional
Insured, no later than ten ( I 0) days atler 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. I. I. Commercial General Liability coverage with limits of liability of not less than
a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to property under the care,
Page 10 of39
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:
I 11 t ps : //www, tlJ y 11( 1ridnc f< ,. con 1/ I )iv is inn/ wc /l I uh I icut ion~ Fom1 s Mun uul s R eru ,rts/B re 1c
hurc s/Ke y-Co vcrugc-1111d -Eligihilit y.p<lf.
Exemptions may be applied for onlinc through the Florida Department of Financial
Services, Division of Workers' Compensation at:
hit 1s://www.m tluri ducfo.com/D ivi s ion/w c/Em 1lu cr/Exc m 1lio ns/dt! illll t.htn .
6.1.1.3. Ausiness Automobile Liability with minimum limits of $1,000,000 per
Occmrence, 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 Insmance
Services Office, and must include Owned, Hired, and Non-Owned Vehicles.
6.1.1.4. Builder's Risk property insmance upon the entire Work to the full replacement
cost value tht!reof. 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 thal 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.
<,.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 ce11ificates required by
this Section remain in full force nncl effect for the durntion of this Contrnct, including nny
extensions or renewals that may be granted by the City. The Certificates oflnsurance 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 ce11ificd copy of such policies, upon written
request by the City. !fa policy is clue to expire prior to the completion of the Work, renewal
Page 11 of 39
Certificates of Insurance shall be furnished thirty (30) calendar days prior to the elate of
their policy expiration. Each policy certificate shall be endorsed with a provision that not
Jess than thirty (30) calendar days' written notice shall be provided to the City before any
policy or coverage is cancelled or restricted. Ac.ceptance 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
scverability 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 lo City the
Bonds required to be provided by Contractor hereunder (the bonds reforenced 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 he
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
smety, all of which must be satisfactory to City. As authorized by Section 255.05(1)(a), Florida
Statutes, Ir this Project is exempt from posting of n puyment nnd pcrfomumcc hond, 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:
Page 12 of 39
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,
perfonnance or fumishing of the Work.
7. I. 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 necessmy 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 al or near the site. Contractor has obtained and
carefully studied (or assumes responsibility for having done so) nil such additional
supplementary examinations, investigations, explorations, tests, studies and data
concerning conditions (surface, subsmface 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 uny aspect of the
means, methods, techniques, sequences and procedures of construction to be employed
by Contracto1· and safoty 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 he performed by the City
and others at the site that relates to the Work as indicated in the Contract Documents.
7. l. 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. l .7. Contractor has given City written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents an<l the written
resolution thereof by City is acceptable to Contactor, and the Contract Documents arc
generally sufficient to indicate and convey understanding of all terms and conditions
for performance and furnishing of the Work.
7. I. 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
Page 13 of39
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 recovcn• for changed ma1·kct conditions.
7.2.1. In entering into the Contract, Contractor represents and warrants that it has accounted
for any nnd 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 "Murket 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 sho11ages, 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 wan-ants that in determining time
requirements for procmement, 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 und
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.
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 failme by the Contractor to comply with the
requirements of this Section.
7.3. Contractor warrants the following:
7.3.1. Anti-Disc1·imination. 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 docs 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, lo 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.
Contrnctor 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
Page 14 of 39
County, City, or other governmental or regulatory entity. Contractor acknowledges that it
is the obligation of Contractor to obtain all licenses t'equired 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. Pe1·mits. 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 pem1it 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 Worlc; 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 detective Work or to make
any necessary repairs in accordance with the requirements of the Contract Documents within
a reasonable time indicated in writing by the Cit)' or its clesignee, City shall have the authority
to cause the detective Work to be removed or corrected, or make such repairs as may be
necessary at Contractor's expense. Any expense incmrcd by City in making such removals,
corrections 01· repairs, shall be paid for out of any monies due m 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. rt: within three (3) years aner the date of substantial completion, any
of the Work is found to be defective or not in accordance with the Contract Docmnents,
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 oflimitation 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 nnd 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
Page 15 of39
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 perfonn 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 can)'
on the Work in an acceptable manner, the City shall provide the Contractor a Notice of Intent to
Terminate this Agreement and provide the Contractor a ten (10) day opp011m1ity to cure any and all
deficiencies. If the Contractor foils to cure the deficiencies within the ten ( 10) day opportunity to
cure, the City may tenninate this Agreement immediately for cause, exclude the Contractor from
the Project site, provide for alternate prosecution of the Work, appropriate or use any 01· all materials
and equipment on the Pr~ject 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 frn1her 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 fonds are available, appropriated, and budgeted for the Work, the Prqject, and/or
Contmct Price; (ii) the City secures und 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,
Page 16 of39
costs of acceleration or inefficiency, arising because of delay, dismption, interference or hindrance
from any cause whatsoever, whether such delay, disruption, interfet·cnce 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. WaivcrofConscm1cntlal 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 pr~jccts 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 prnceed 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 WOIU(
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
quuntity 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")
apprnved 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 Pr~ject
Consultant with a detailed Request for Change Order ("RCO") in a fom1 approved by the
City, which must include the requested revisions to the Contract, including, but not limited to,
adjustments in the Contract Ptice and/or Contrnct Time. The Contracto1· 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 supp011 the RCO. If applicable, the RCO must include any schedule
revisions accompanied by an explanation of the cost impact of the prnposed 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.
Page 17 of 39
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 necessmy 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.l. 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 clone
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. Wah•er of ,Jury T1·ial. 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.S. 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
Page 18 of39
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 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 me
required by applicable law shall be deemed to be incorporated herein.
10.7. Examination and Retention of Contractor's Records.
10.7. t. 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
hooks, 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 Pr~ject.
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 su~ject to the provisions of Chapter 119, Florida
Statutes.
10.8. Authol'ized Rcurcscntativc.
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 al 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 arc all subject lo 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 lo any Work under this Contract. The Contract Price and any agreed variations
Page 19 of39
thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make
any and all payroll deductions required by law. Contractor herein indemnifies and holds the City
harmless from any liability on account of any and all such taxes, levies, duties and assessments.
10.10. Utilities. Contractor shall, at its expense, arrange for, develop and maintain all utilities at
the Project to perform the Work and meet the requirements of this Contract. Such utilities shall
be furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work,
Contractor 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 hmm
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 safoty
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 nnd Work in a neat, clean
and sanitary condition al all times. Contractor shall assure that subcontractors performing Work
comply with the foregoing safoty requirements.
10.12. Cleaning u,,. Contractor shall, at all times, at its expense, keep its Work areas in a neat,
clean and safe condition. Upon completion of any po11ion of the Work, Contractor shall promptly
remove all of its equipment, construction materials, tempora1y 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 pennit any mechanic's, laborer's or materialmen's lien to be filed
against the Project site 01· 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.
Page 20 of39
10.14. Public Entity Crimes Affidnvit. 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, pmchasing policies and other similar administrative
procedures, applicable lo 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 lo 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 <luring 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 Contrnctor's performance under this Contract. The City
Manager or her designee shall, dming the term of this Contract und for a period of five (5)
years from the date of termination of this Contract, have access to and the right lo 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 arc exempt or
confidential and exempt from public records disclosure requirements arc not disclosed,
except as authorized by law, for the duration of the Contract, and following completion of
the Contract until the records arc 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, nny 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.
l 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)
Page 21 of39
days. All such records stored electronically by Conlrnctor shall be delivered lo the City in
a formal lhal 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 nil records are
received as provided herein .
10.17.7. Contractor's failure or refusal to comply with the pmvisions of this section shall
result in the immediate termination of this Contract by the City.
10.17.8. Notice Pua·suant to Section 119.070H2)(a), Flol'ida Statutes. IF THE
BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
Custodian of Records:
Mailing address:
Telephone number:
Email:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
305-663-6340
N Pa y nc@southmlamifl.go,,
10.18. E-Vel'ify 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-Vcrify
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-Veri fy
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: hll 1s://www .c-vcri r '. •ov /fa /hm v-do-i-) ovi dc-mx1 r-ur-m ,_
,m·1il.:i mt iu11c nro llmc nt-i11 -c-vc ·if ·. 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 hut not limited
lo obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit
attached hereto and incorporated herein.
11. SPECIAL CONDITIONS
The following provisions in this Section IO supersede any other provisions contained in this
Conlruct only lo the extent of any connicl with same. These provisions arc particular to a given
trunsnction and arc transaction specific:
11.1. Unsatisfncto1:y Pel'sonncl.
Page 22 of39
11.1.1. Contractor must al all times enforce strict discipline and good order among its
employees and subcontractors at the Projcct(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.
t t.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 Subcontract01·
engaged by the Contractor to provide and perfonn services or Work pursuant to the
requirements of the Contract Documents. The Contractor must respond lo 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
detennination as to the removal of unsatisfacto1y 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 Worl<. 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 perfonn Work
beyond the time and days provided above without the prior written approval of the City.
11.3. Maintenance ofTa·affic. 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 FOOT Index Numbers (600
Series) and as fu11her stated herein. The manual on Uniform Trame Control Devises for Streets and
Highways (U.S. Department of Transportation, FHW A), 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 ha7.ards 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 plun for
review. The City may require revisions to the propost:d 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 foes, 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 appm1enances, 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 nncl documentation to the Project Consultunt to ullow 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.
1 l.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
Page 23 of39
hurricane watch or warning, the Contractor, al no cost to the City, must lake all precautions
necessaiy 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 speci fie severe weather event or alert precautions will not constitute additional
work. Suspension of the Work caused by a threatened or acntal 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 Coronavirns 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 fut1her detailed in the ARPA Contract Conditions. If
compliance with the ARPA Addendum is required, the City shall select this box: 181.
lt.8. Grant Funding. The Contractor ncknowledges 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 Contrnct 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 cany out all applicable requirements of 49 CFE Parl 26 in the
award and administration of this Contract. Failure by the Contractor to cany out these
requirements is u material breach of this Contract, which may result in the termination of
this Contrnct or such othc1· remedy ns the City deems appropriate.
I 1.10. Scrutinized Companies.
11.10.1. Contractor certifies that it and its subcontractors are not on the Scrntinized
Companies that Boycott Isrnel List. Pursuant to Section 287. 135, F .S., the City may
immediately terminate this Agreement at its sole option if the Contractor or its
Page 24 of39
-==r✓=--
subcontractors arc 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 aJliliates, 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.
Page 25 of39
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day
and year as first stated above.
By:
Genaro
City Manager
Attest:
e,KJ<,..
By: -1-~ai.-------=...::..:=-..;~~la!,,(![=-:... __
Nke1 , ,
City
Approved as to form and legal sufficiency:
City Attorney
Addresses for Notice:
Genaro "Chip" Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-25 IO (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)
By: __ --+-....,....,-7"-----------
Name: ~1! . .V\ Y\, \) M VTLt:J:..
Title: ·~GEfA)
Entity: Hyc:o..,,-bVJ:}D,
Addresses for Notice:
' ENl.l(\>' \) £. 6 rl-l\\\ir, ·1 (l.."D , • .,_, 1. N, ])\::.pT .
ns 5 \A J )Tl-) ~;T .sTE I,,~
J I
G J ?-r; 15 -3 1 :VI (telephone)
Av •~l./' G \·\ '(-AV\D\TL!D,l'4...,(email)
With a copy to:
'fi:_7_1, f\ ~ v D M V "il=v ~,h'h ~-l2PE ]A1z.P.'Y\S .
)'-]5 5 W 1.T>-/ '5 1 5T£, I -~ I}
(,.}"-) -<t 15-3 J 1 11 . (telephone)
rJ.. i?i,..( 1v 'v\)G 1-1 y CQ1.tJVI IL>. (email)
~-~
Page 26 of39
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 e·nter into a contract unless each pm1y to the
contract registers with and uses the E-Verify system.
The contracting entity must pl'ovide of its pl'oof of enrollment in E-V el'if)•. For instructions on
how to provide proofofthe contracting entity's participation/enrollment in E-Verity, please visit:
htt ,s://w ww.c -verif '.gov/fuq/hmv -do -i-provide -proof-of-my -purticipntloncnrollmcnt-in-c-vcrlfy
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 • • ucling but not limited
to obtaining E-V crity affidavits from subcontractors.
iiq Check here to confirm proof of enrollment in E-Verify I 11
G.,y httii I \.
Title: • _______ _,_ _____ _
Print Name: f\r iccnn<\ Mo n(J c__ Entity Name: ------1J_...[p""-· ....:.....n -'--])"""""'-\)-1,.._\_D_._
ACKNOWLEDGMENT
State of Florida
County of HIAt:11 1)AOE
The foregoing instrnment was acknowledged before me by means of 41ysical presence or D
onlinc notariz.ation, this lb{_ day of OC 7of3eR. , 20~, by 'FE/2/Jl\JJDo
H v (t.Zt (name of pe rson) as 'j?{lJN C./ PA L (type of authority) for
/-/'/ COJJ P.VJLJ) (name of party on behalf of w 10111 instntmcnt is executed).
Notary Publlc State of Florida
Enrique lgnaolo GIi
II My Commlulon HH 527910
Expires 5/16/2028
/ Personally known to me; or
___ Produced idcntilicution (Type of Identification: ____________ )
___ Did take an oath; or
___ Did not take an oath
Contract No .: XX-XX E-Verify Affidavit
AMERICAN RESCUE PLAN ACT ADDENDUM TO
CONTRACT FOR CONSTRUCTION
BETWEEN
THE CITY OF SOUTH MIAMI
AND
HYCON INVESTMENTS, LLC
THIS ADDEND UM tl the Contract for Construction (the "Addendum") is entered into as
oftheO day of ! _2024 (the "Effective Date of this Addendum"), by and between the
CITY OF SOUTH MIAMI, a Florida municipal corporation, (the "City") and HYCON
INVESTMENTS, LLC, a Florida limited liability company (hereinafter, the "Contractor").
Collectively, the City and the Contractor are referred to as "Parties."
WHEREAS, on I I the City entered into a Contract for Construction (the
"Contract") with the Contractor for construction of the Restroom-Concession Facility Building at
South Miami Park (the "Project"), as further defined in the Contract; and
WHEREAS, on March 11, 2021, the federal govenunent adopted the American Rescue
Plan Act ("ARPA"), which, among other things, provides local governments with emergency
C0VID-19 funding; and
WHEREAS, the City desires to utilize ARPA funding to implement the Project; and
WHEREAS, in order to utilize ARPA funding for the Project, the City desires lo
incorporate federally required contract provisions relating to ARPA into the Contract, as set forth
in this ARP A Addendum; and
WHEREAS, the City an<l Contractor wish to modify the tenns of the Contract 111
accordance with the terms and conditions set forth in this ARPA Addendum.
NOW, THEH.EFORE, for and in consideration of the mutual promises set forth herein,
the City and Contractor agree as follows: 1
1. Recitals Incorporated. The above recitals are true and correct and incorporated herein.
2. American Rescue Plan Act Provisions. The Contract is hereby amended by adding the
following provisions to the Contract:
2.1.Mandatcd Federal Contract Conditions.
2. 1.1. In connection with the perfom1ance of this Contract, Contractor acknowledges that
compensation for the Project services under this Contract shall be fully or pru1ially funded
using the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Contractor shall comply with all laws, rules,
regulations, policies, and guidelines (including any subsequent amendments to such laws,
regulations, policies, and guidelines) required by the American Rescue Plan Act, including,
1 Coding: StrlkeH1re11gll WQfQS are deletions to the existing words. Underlined words are additions to the existing words.
('ily ofS1111lh Miami. Ft. l'ag.: 29of39
bul not limited to the following documents and guidelines, which are incorporated herein and
made a part of this Contract:
AH.PA Exhibit 1.Unifotm Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200), as applicable and as may
be amended from time to time;
ARPA Exhibit 2.The U.S. Depai1ment of the Treasury's Final Rule governing ARPA, dated
January 27 , 2022;
ARPA Exhibit 3.U.S. Depai1ment of the Treasury Coronavirus State and Local Fiscal Recovery
Funds Award Te1ms and Conditions (Assistance Listing Number 21.019);
ARPA Exhibit 4.The U.S. Deparlment of the Treasury's Coronavirus State and Local Fiscal
Recovery Funds Frequently Asked Questions, dated April 27, 2022;
ARP A Exhibit 5.American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Contract
between the City and the State ofFlorida, Division of Emergency Management;
ARPA Exhibit 6.The U.S. Department of the Treasury's ARPA Compliance and Reporting
Guidance, dated June 17, 2022; and
ARPA Exhibit 7.Assurances of Compliance with Civil Rights Requirements.
A copy of the above-referenced documents are available for inspection by the Contractor at the
Office of the City Clerk and at the following City link : h1tps ://§ou1hm iamll1,o\·•
1!.!Y .sh urepoin t.co m/n crsonul /sku lick southmjami n uo y/ layou ts/I 5/oncdriv c.a~px'l ld:a %2Fpcrsonal%2f skulick%S
Fs11 1t h n iwn ' 1%5 F11uv%2 :oocumcnts%2FA RP/\%20Ar • eemc nts%20an<l %20Oocs& •a = I
2.1.2. Title VI Requirements. Contractor acknowledges that the City has certified
compliance with Title VI of the Civil Rights Act of 1964 to the U.S. Department of the
Treasury on the form incorporaled herein as ARPA Exhibit 7. Towards that end, Contractor
shall ensure that performance of work in connection with this Contract complies with the
ce11ifications and requirements contained in ARPA Exhibit 7 and shall also adhere to the
following provisions:
( l) The Contractor and its subcontractors, successors, transferees, and assignees shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
federal financial assistance from excluding from a program or activity, denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C . § 2000d ct seq.), as implemented by the Department of the Treasury's
Title Vl regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Contract. Title V[ also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial assistance,
42 U.S.C. § 2000d et seq., as implemented by the Depmtment of the Treasury's Title
VI regulations, 31 Cf'R Part 22, and herein incorporated by reference and made a part
of this Contract.
--Ci ly of 1io111h Miam i. l'I. l'ugc 30 of39 T--
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F .R. § 206.11, and that the Contractor
shall undertake an active program of nondiscrimination in its administration of the
Work under this Contract.
2.1.3. Americans with Disabilities Act Requirements. The Contractor agrees to comply
with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government services,
and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Contract.
2.1.4. Age Discrimination Act o(/975. Contractor shall comply with the requirements of
42 U.S.C. §§ 6101 et seq., as amended, and the Treasmy's implementing regulations (31 CFR
Part 23), which prohibits the discrimination on the basis of age in programs or activities under
this Contract.
2. 1.5. Protections for Whistleblowers.
(I) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety. or a violation of law. rule, or
regulation related to a federal contract (including the competition for or negotiation of
a contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i.A Member of Congress or a representative of a committee of Congress.
ii.An Inspector General
iii.The Government Accountability Office.
iv.A Federal employee responsible for contract or grant oversight or management at
the relevant agency.
v.An authorized official of the Depm1ment of Justice or other law enforcement
agency.
vi.A court or grand jury.
vii.A management official or other employee of the Contractor, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
City of South Minmi, FL PngcJI uf39
(3) The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
2.1.6. Compliance with Immigration and Nationality Act (INA). Contractor hereby
certifies that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")].
2.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor
shall adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Contractor and
its employees while performing the Work.
2.1.8. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225,
Contractor shall adopt and enforce policies that ban text messaging while driving and
workplace safety policies designed to decrease accidents caused by distracted drivers.
2.1.9. Publication. Contractor shall obtain approval from the City in writing prior to
issuing any publications in connection with this Contract. If approved by the City, the
Contractor shall include the following language in any and nll publications issued:
'This Project is [being funded/was supported] in part by federal award number
(FAIN) [Inse11 Project FAIN] awarded to City of South Miami by the U.S.
Department of the Treasury."
2.1.10. Reporting Conflict of!nterests. Contractor agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any
potential conflicts of interest affecting the use of funds awarded under the American
Rescue Plan Act in accordance with 2 CFR 200.112.
2.2. Compliance with Uniform Administrative Requirements, Cost Pl'inciplcs, and
Audit Re<1uiremcnts for Federal Awards (2 CFR Part 200). In accordance with the Final Rule
and other guidelines provided in connection with the American Rescue Plan Act, Contractor
shall he subject to the federal Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to:
2.2.1. Equal Emplo)'lnent Opportunitv Compliance. During the performance of this
Contract, the Contractor agrees as follows:
(I) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race. color, religion. sex. sexual orientation. gender identity. or national origin. Such
action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
City of South Miami. FL l'agc 32 of 39 ~ .,....__
c. rates of pay or other fonns of compensation; and
d. selection for training, includ_ing apprenticeship
The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting fo11h the provisions of this
nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee 01· applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a pmt of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The Contractor wi II comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of
Labor.
(6) The Contractor will furnish all infommtion and reports required by Executive Order
I 1246 of September 24, I 965. and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such mies, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled. terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for ftu1her Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the U.S. Secretary of Labor, or as otherwise provided by law.
City ofSoulh Miami, Fl. l'a~c 33 of39
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order wlless exempted by rules, regulations, or orders of the U.S. Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor 01· vendor as
a result of such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
2.2.2. Contract Work Hours and Sale.Iv Standards Act Compliance. During the
performance of this Contract, the Contractor shall comply with the provisions of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as follows:
(I) Overtime l'equil'ements. No Contractor or subcontractor contracting for any part of the
Contract Work which may require or involve the employment oflaborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation al a rate not less than one and one-
half times the basic rate of pay for all homs worked in excess of forty hours in such
workweek.
(2) Violation: liabili01.for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (I) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States, for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (I) of this section, in the sum of$ IO for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (I) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the U.S. Depat1ment
of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such contract or any
other Federal contract with the same Contractor. or any other federally-assisted contract
su~ject to the Contract Work Hours and Safety Standards Act. which is held by the
same Contractor, such sums as mny be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (I) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
l'ily of South Miami, FL l'ngc 34 of39
Contractor shall be responsible for compliance by any subcontractor or lower lier
subcontractor with the clauses set forth in paragraphs (I) through ( 4) of this section.
2.2.3. Clean Air Act Compliance. During the performance of this Contract, the Contractor
shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as amended) and
specifically agrees as follows:
(I) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$ I 00,000 financed in whole or in part with Federal assistance in connection with this
Contract.
2.2.4. Federal Water Pollution Control Act Compliance. During the perfonnance of this
Contract, the Contractor shall comply with the provisions of Federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
(I) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 lJ.S.C.
1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, reporl each violation as required lo nssure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees lo include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Contract.
2.2.5. Debarment and Suspension Compliance. During the performance of this Contract,
the Contractor warrants that Contractor or its subcontractors are not debarred, suspended, or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Contractor
shall comply with the following provisions:
(I) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
C.r.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined ul 2 C.F.R. § 180 .940) or disqualified (defined nt 2
C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, suhpm1 C and 2 C.F.R. pt. 3000,
subparl C and must include a requirement to comply with lhese regulations in any lower
tier covered transaction it enters into.
Cil)' 111' South Miami, Fl. 1't1l(C 35 uf39
T-
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpa11 C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(4) The Contractor agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C throughout the period of this Contract. The Contractor
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
(5) Contractor certifies that they:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
depa11ment or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under 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.
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Contract, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Contractor is unable to obtain and provide such certification, then the Contractor
shall attach an explanation to this Contract as to why not.
2.2.6. Bw·d Anli-Lobhying Amendment (31 U.S.C. f 1352, as amended). During the
performance of this Contract, the Contractor and its subcontractors shall comply with the
provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended).
Specifically, Contractor represents and warrants as follows:
(I) No Funds received by the Contractor under this Contract have been paid or will be paid,
by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan. the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any monies, other thnn Funds received by Contrnctor under this Contract, have been paid or will be
pnid to nny person for influencing or attempting to influence an omccr or employee of any agency, a
l 'ily ofSoulh Miami. Fl . l'ngc 36 of 39
Member of Congress, an officer or employee of Congress, or an employee of n Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions.
(3) The Contractor shall require that this certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all such sub-recipients shall certify and disclose accordingly .
(4) This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by the Byrd Anti-
Lobbying Amendment (31 U.S.C . 1352). Any person who fails to file the required
certification shall be subject to a ci vii penalty of not less than $ l 0,000 and not more
than$ I 00,000 for each such failure.
2.2.7. Copeland "Anti-Kickback" Act. During the performance of this Contract, the
Contractor and its subcontractors shall comply with the provisions of the Copeland "Anti-
Kickback" Act as follows:
(1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by
reference into this Contract.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instructions require, and also a clause requil'ing the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract chtuses above may be grounds for termination of this
Contract, and for debannent as a contractor and subcontractor as provided in 29 C.F.R.
§ 5.12.
2.2.8. Procurement o(Recovered Materials. Contractor shall comply with the provisions
of2 C.F.R.323. including Section 6002 of the Solid Waste Disposal Act. Towards that end, in
the performance of this Contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items, unless the product cannot be
acquired: (I) competitively within a timeframe providing for compliance with the contract
performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable
price.
Information about this requirement, along with the list of EPA-designated items, is available
at EPA's Comprehensive Procurement Guidelines web site,
b1Jp s://www.c 1u. •ov /smm/com rehensi vc rocurcmcnt-•uiddinc-c ,_ ro mm .
2.2.9. Domestic Preferences for Procurements. To the greatest extent practicable,
Contractor and its subcontractors shall provide preference for the purchase. acquisition, or use
City of South Minmi. Fl. l'ngc 37 ul'J9
of goods, products, or materials produced in the United States, in accordance with 2 CFR
200.322, "Domestic preferences for procurements."
2.2.10. 2 CFR Subpart F -Audit Requirements. Contractor shall assist the City in
complying with the audit requirements under 2 CFR Subpai1 F -Audit Requirements ("Federal
Audit Provisions") and the reporting requirements of the U.S. Department of the Treasury's
Final Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(1) Contractor shall assist the City in complying with the Federal Audit Provisions by
providing the City, the State of Florida, the U.S. Department of the Treasury, the
Treasury Office of the Inspector General, the Government Accountability Office, or
other federal government entities, and any of their duly authorized representatives,
access to personnel, accounts, books, records, supporting documentation, and other
information relating to the performai1ce of the Contract or the Work ("Documentation")
necessary to complete federal audits. Contractor shall promptly assist the City in the
event Documentation must be supplemented to address audit findings or other federal
inquiries .
(2) Contractor shall keep all Documentation up-to-date throughout the performance of this
Contract and the Work. Contractor shall provide the City with all Documentation for
each fiscal year by October I of each year or within five days of the completion of the
Work, whichever occurs first. Contractor shall assist the City in complying with
additional guidance and instructions issued by the U.S. Department of the Treasury
governing the reporting requirements for the use of American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Funds.
3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the terms
and provisions of this Addendum and the terms and provisions of the Contract, the terms and
provisions of this Addendum shall control.
4. Contract Ratified. Except as otherwise specifically set forth or modified herein, all terms in
the Contract are hereby ratified and affirmed and shall remain unmodified and in full force
and effect in accordance with its terms.
5. Defined Terms. All initial capitalized terms used in this Addendum but not otherwise defined
herein shall have the same meaning ascribed thereto in the Contract.
6. Counterparts. This Addendum may be executed in counterpm1s, each of which shall be
deemed an original, but all of which, when taken together , shall constitute one and the same
instrument. An executed facsimile or electronic copy of this Addendum shall have the same
force and effect as an original hereof.
(Remainder of page intentionally left blank. Signature pages follow.)
City of~nuth Miami . Fl. l'ngc 38 of 39
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to bee the day and year as first
stated above.
TH MIAMI
By:
Genaro "Ch " Iglesias
City Manager
Attest:
S)F)IJ\A'fi C'\'T"( Q..&<..l(..
By: R)vt,. Q\"'f
Nke ne, CMC, FCRM
City
By:.......,,:-:p,J_~~~~e::..L..-____ _
w
Cit
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@southmiamitl.gov (email)
With n copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attomey
2800 Ponce de Leon Boulevord, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
City of South Miami. Fl.
Title: --+-~--=:.......,.;::c.._-a--'---------
Entity: H y u)JA _ t,))Ll P.
..,..G"'-'-1 -'-{ ..... ·Q~f:._-°'_-~3~J~i~l/'""""'.~---<telephone)
___________ (facsimile)
___________ (email)
... b'-'--J1--'---~f~-~-~--f-'-' ___ (telephone)
___________ (facsimile)
___________ (email)
l'ngc 39 of 39
EXHIBIT A
TIU nr,·tu· l'l.f,\SA,r 11\1'-l,
CITY OF SOUTH MIAMI
INVITATION TO BID (1TB) No. PR2024-07
RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI
PARK
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
6130 Sunset Drive
South Miami, Florida 33143
ISSUE DATE: May 24, 2024
BID CLOSING DATE: August 2, 2024
BID CLOSING TIME: I 0:00 A.M.
BID OPENING TIME: I 0:30 A.M.
39ofl62
1111 ( IIY ()I l'lf,IS,1'-l 11\'l'iC
PUBLIC NOTICE
INVITATION TO BID (1TB) No. PR2024-07
RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK
NOTICE IS HEREBY GIVEN that the City of South Miami ("City") is soliciting bids for the RESTROOM-
CONCESSION FACILITY BUILD at South Miami Park, located at 4300 SW 58 th Avenue,
South Miami, 33143. Interested companies, firms, and individuals ("Bidders") may obtain a copy of
Invitation to Bid No. PR2024-07 (the "ITB") to be issued on May 24, 2024, 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. PR2024-07 for the RESTROOM-CONCESSION FACILITY BUILD AT
SOUTH MIAMI PARK. Bids must be received by the City by no later than August 2, 2024 at I 0:00
a.m. EST.
E-BID OPENING VIA VIDEO CONFERENCING:
The City will only receive submittals electronically through the DemandStar Electronic Bid
System (E-Bidding). To register as a business, go to https://network.demandstar.com/
Bids will be publicly opened through video conferencing using the Zoom platform. At I 0:30 AM, local
time. Members of the public are invited to view the bid opening meeting through Zoom at
https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by
dialing+ 1-786-635-1003 Meeting ID: 3056636339 .
Any bid submission received after this time and date will be rejected and returned unopened. Bidders are
responsible for ensuring that their bid is received in the City by the deadline.
A pre-proposal 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: May 24, 2024
40 of 162
TABLE OF CONTENTS
Section Page
Section I: Information for Bidders 4
Section 2: Terms and Conditions 12
Section 3. Scope of Work 18
Section 4: Bid Submission Requirements and Evaluation & 20
Forms and Attachments
Section 4: Bid Form -Form 7 37
Section 4: References -Form 8 45
41 of 162
SECTION I.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the "City") is soliciting bids for the "RESTROOM-CONCESSION
FACILITY BUILD AT SOUTH MIAMI PARK" (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 May 24, 2024 4:00 PM
Non-Mandatory / Mandatory Pre-Bid Conference NONE 2 and Site Visit SCHEDULED
3 Deadline to Submit Questions I Requests for July 9, 2024 10:00AM Clarification
4 City Issues Addenda and Responds to Questions July 19, 2024 10 :00 AM
Deadline to Submit Sealed Bids -Submission
5 Deadline via DemandStar -On-Line E-Bid at August 2, 2024 10:00AM
httos://network.demandstar.com/
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
6 https://zoom.us/j/3056636339 ,or listen to the meeting on August 2, 2024 10:30 AM
a dedicated phone line by dialing + 1-786-635-1003 Meeting
ID: 3056636339.
7 City Manager issues recommendation to City Commission August 20 , 2024 7:00 PM
8 Award Bid(s) and Agreement(s) at City Commission August 20 , 2024 7:00 PM Meeting
42 of 162
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 August 2,
2024 (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 Non-Mandatory Pre-bid conference will NOT be scheduled for this project. Please refer to the
Schedule of Events on Page 4 of this solicitation.
Prior to submitting a Bid, each Bidder should visit the site and become familiar with the conditions that
may, in any manner, affect the Work to be performed by the awarded contractor or the equipment,
materials and labor required . The Bidder is also required to examine carefully the Scope of Work set
forth in Section 3 of this 1TB and be thoroughly informed regarding any requirements or conditions that
may in any manner affect the Work to be performed under the Agreement. No allowances will be made
because of lack of knowledge of any conditions or requirements.
I.S. ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING BID
PROCESS.
The City will not respond to oral inquiries or questions concerning this 1TB. All written inquiries, requests
for interpretation or clarification shall be sent to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
61 30 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 July 9, 2024 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. PR2024-07, "RESTROOM-CONCESSION FACILITY BUILD AT
SOUTH MIAMI PARK" and addressed to:
43 of 162
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 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 28.
Form 3.
Form 4.
Bid Form Package Acknowledgement.
Bidder's Certification (if Company or Corporation)
Bidder's Certification (if Partnership)
Single Execution Affidavits
Dispute Disclosure
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Form 5.
Form 6.
Form 7.
Form 8.
Certification Regarding Debarment, Suspension, & Other Responsibility
Matters Primary Covered Transactions
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.
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.
I. 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.
1.7.4.3. Additional qualifications. The Respondent must demonstrate that it has full-time
personnel with the necessary experience to perform the Project's Scope of
Work. This experience shall include work in successfully completed projects
performed by the identified personnel whose bulk of work is similar in detail to the
Project's Scope of Work described in these Solicitation Documents. Demonstrate the
experience requirement by:
Providing a detailed description of at least three (3) projects similar in detail to the
Project's Scope of Work described in these Solicitation Documents and in which the
Bidder's identified personnel is currently engaged or has completed within the past five
years. List and describe the aforementioned projects and state whether the work was
performed for the County, other government clients, or private entities. The
description must identify for each project:
I. The identified personnel and their assigned role and responsibilities for the listed
project.
2. The client's name and address including a contact person and phone number for
reference.
3. Description of work.
4. Total dollar value of the contract.
5. Contract duration.
6. Statement or notation of whether Bidder's referenced personnel is/was employed
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by the prime contractor or subcontractor, and
7. For completed projects, provide letters of certification of final acceptance or similar
project closure documentation issued by the client and available Contractor's
performance evaluations .
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
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.
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The City reserves the right to accept or reject any and/or all Bid or parts of Bid, to workshop or negotiate
any and all Bid, to select and award Bidder(s) for all or any of the Work, waive irregularities in Bid, to
cancel or discontinue this 1TB process, and to request new Bid on the required Work or services. The
City Commission shall make the final determination and award of Bid(s).
All materials submitted in response to this Invitation to Bid become the property of the City and will be
returned only at the option of the City. The City has the right to use any or all ideas presented in any
Bid or responses to the 1TB, whether amended or not, and selection or rejection of Bid does not affect
this right.
1.10. CODE OF ETHICS PROVISIONS.
1.10.1. Cone of Silence.
The provisions of City's Cone of Silence are applicable to this 1TB. The City's Cone of Silence provisions
can be found under Section SA-7 of the City Code of Ordinances. Questions regarding the Cone of Silence
may be sent to:
Nkenga "Nikki" Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
The Cone of Silence as used herein means a prohibition of any communication regarding a competitive
solicitation such as a request for proposal, request for qualification, request for information or
invitation/request for bid, between a potential vendor, service provider, proposer or bidder (hereinafter
referred to as the "potential bidder"), or agent, representative, lobbyist or consultant for the potential
bidder; (hereinafter referred to as the "bidder's representative"); and
(i) Members of the City Commission; or
(ii) City's professional staff; or
(iii) Any member of the City's selection, evaluation or negotiation committee.
The provisions of the Cone of Silence shall not apply to:
(i) Communications at a duly noticed pre-bid conferences or at any duly noticed public selection
or negotiation committee meeting or duly noticed public City commission meeting at which
the City Manager has placed the subject of the solicitation on the agenda;
(ii) Communication regarding the solicitation at recorded contract negotiations, recorded oral
presentation or recorded oral question and answer session and recorded contract negotiation
strategy sessions in compliance with the exemption in F.S. § 286.0 I 13;
(iii) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the selection or negotiation committee meetings;
(iv) Written communication at any time with any City professional staff (not including selection,
evaluation or negotiation committee members), unless specifically prohibited by the applicable
competitive solicitation documents. This section shall not be construed to prevent written
communication between City professional staff and any City selection, evaluation or
negotiation committee. A copy of any written communication made during the cone of silence
shall be contemporaneously filed with the City clerk by the potential bidder or bidder's
representative. The City clerk shall make copies available to any person upon request;
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(v) Communication that is strictly limited to matters of those processes or procedures that are
contained in the corresponding solicitation document and which communication is between
any person and the City's purchasing agent or the City employee who is designated as being
responsible for administering the procurement process for such solicitation;
(vi) Communications with the City attorney and his or her staff;
(vii) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(viii) Any emergency procurement of goods or services pursuant to City code;
(ix) Responses to a request made by the City's purchasing agent, or the City employee who is
designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(x) Communications prior to bid opening between City's professional staff and potential bidders
and/or bidder's representatives to enable City staff to seek and obtain industry comment or
perform market research, provided all communications related thereto between a potential
bidders and/or bidder's representatives and any member of the City's professional staff
including, but not limited to the City Manager and his or her staff, are in writing or are made
at a duly noticed public meeting.
1.10.2. Lobbying Prohibited. All potential Bidders and their agents who intend to submit, or
who submitted, a bid or response to this solicitation, are prohibited from lobbying,
individually or collectively, any City Commissioner, candidate for City Commissioner, or any
employee of the City in connection with this solicitation.
The term "Lobbyist" means all persons (including officers and managers of a legal entity),
firms, or legal entities such as a corporation, partnership or limited liability company,
employed or retained by a principal (including an officer of the principal or an employee of
the principal whose duties include marketing, or soliciting business , for the principal) who
seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution, action
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-S(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:
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Nkenga "Nikki" Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
END OF SECTION I
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SECTION 2.
TERMS AND CONDITIONS
2.1. PURPOSE OF BID.
The City requests Bids from qualified firms for the "RESTROOM-CONCESSION FACILITY
BUILD AT SOUTH MIAMI PARK" Project (the "Project"). The Work to be performed includes, but
is not limited to, services related to the Restroom-Concession Build 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 conforms
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.S. BID COSTS.
Bidders submitting Bid do so entirely at their own cost and expense . There is no expressed or implied
obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing
or submitting Bid, providing additional information when requested by the City, or for participating in any
selection interviews.
2.6. LICENSES AND PERMITS.
Bidder shall secure any and all necessary and required licenses, certifications and permits to conduct the
Work, including, but not limited to, all Federal, State, County and City licenses and permits. All Bidders
must provide the necessary documentation to demonstrate that they meet all applicable licensing and
permitting requirements.
By submitting a Bid in response to this 1TB, Bidder represents and warrants to the City that it holds all
licenses, certifications and permits ("Licenses") required by applicable law and by any other governmental
authority or agency to perform the Work. Bidder represents and warrants to the City that the Licenses
shall be in full force and effect on the date of performance of the Work and further represents that it
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holds and will hold all Licenses throughout the term of the Agreement. Bidder shall provide the City with
copies of all Licenses and any additional permits that may be required for performance of the Work with
its Bid and during the term of the Agreement.
Where the Contractor is required to enter onto City property, public rights-of-way or other property
to deliver equipment or to perform the Work as a result of a Bid award, the Contractor will assume the
full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and
insurance required. The Contractor shall be liable for any damages or loss to the City property, or other
property or persons, occasioned by the acts or omissions, or the negligence of the Bidder (or their agent)
or any person the Bidder has designated in the performance of the Work, as a result of the Bid.
2.7. INSURANCE.
2. 7. I. If selected, the Contractor shall secure and maintain throughout the duration of the awarded
contract insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated
A-X or better by AM. Best and qualified to do business in the State of Florida. The insurance
coverage shall be primary insurance with respect to the City, its officials, employees, agents
and volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's
insurance. The insurance coverages shall include at a minimum the amounts set forth in this
section and may be increased by the City as it deems necessary or prudent. Copies of
Contractor's actual Insurance Policies as required herein and Certificates of Insurance shall
be provided to the City, reflecting the City as an Additional Insured. Each Policy and
certificate shall include no less than (30) thirty-day advance written notice to City prior to
cancellation, termination, or material alteration of said policies or insurance. All coverage
forms must be primary and non-contributory and the Contractor shall provide a waiver of
subrogation for the benefit of the City. The Contractor shall be responsible for assuring that
the insurance policies and certificates required by this Section remain in full force and effect
for the duration of the Work.
2.7.1.1.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.
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2.7.4. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR
ADDITIONAL COVERAGE IF DEEMED NECESSARY.
2.8. BONDS. The selected Contractor must, prior to performing any portion of the Work and
2.9.
within three (3) days of the Effective Date of the Construction Contract, deliver to the City the
Bonds required to be provided by Bidder hereunder and the Construction Contract(collectively,
the "Bonds"). The City, in its sole and exclusive discretion, may also require other bonds or
security, in order to guaranty that the awarded contract with the City will be fully and
appropriately performed and completed. The surety providing such Bonds must be licensed,
authorized, and admitted to do business in the State of Florida and must be listed in the Federal
Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds shall be
included in the contract price. If notice of any change affecting the scope of services/work, the
contract price, contract time, or any of the provisions of the Construction Contract is required
by the provisions of any bond to be given to a surety, the giving of any such notice shall be the
selected Contractor's sole responsibility, and the amount of each applicable bond shall be
adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do
business in Florida is terminated or it ceases to meet applicable law or regulations, the selected
Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as
applicable) and surety, all of which must be satisfactory to the City.
2.8.1. Performance Bond. If this provision is selected, the selected Contractor must deliver to
the City a performance bond in an amount equal to I 00 percent of the price specified in the
contract. The performance bond shall provide that the bonding company will complete the
project if the selected Contractor defaults on the contract with the City by failing to perform
the contract in the time and manner provided for in the contract.
2.8.2. Payment Bond. If this provision is selected, the selected Contractor must deliver to the
City a payment bond in an amount equal to I 00 percent of the price specified in the contract.
The payment bond shall provide that the bonding company or surety will promptly pay all
persons who supply labor, materials, or supplies used directly or indirectly in the
performance of the work provided for in the contract between the selected Contractor and
the City if the selected Contractor fails to make any required payments only.
2.8.3. Waiver of Bonds. If this provision is selected, the City Manager has waived or limited
the requirements contained herein for payment or performance bonds upon such
circumstances as are deemed in the best interest of the City. If the requirement for a
payment bond is waived, the City shall select this box: D. lfthe requirement for
a performance bond is waived, the City shall select this box: □.
BID GUARANTY/BID BOND. Each bid must be accompanied by a Bid Bond or Cashier's
Check, in the amount of five percent (5%) of the bid, in the form provided in Form 9. 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 shall be submitted to the City Clerk's Office no later than the Submittal Due
Date:
Nkenga "Nikki" Payne, CMC, FCRM
City Clerk
City of South Miami
61 30 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.
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,
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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 I 19,
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:
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
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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
"RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK"
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.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from
Monday through Friday pursuant to Section 7-1 5 and 7-16 of the City Code of Ordinances.
3.2. SPECIFIC REQUIREMENTS.
The City of South Miami is requesting proposals from qualified bidders for the construction of a public
restroom-concession combo facility at South Miami Park, located at 4300 SW 58 Avenue, South
Miami, FL 33143. The awarded firm will lead a comprehensive and complete process for construction,
including but not limited to furnishing all labor, materials, and equipment to complete the work as specified
and in accordance with contract drawings, specifications, and other contract documents. 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).
All work must be completed within three hundred (300) calendar days from the issuance of a
purchase order, master building construction permit, and notice to proceed.
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3.3. SITE LOCATION.
The Project will be held at South Miami Park, 4300 SW 58 th Avenue, South Miami, FL, 33143.
3.4. CONSTRUCTION PLANS & SPECIFICATIONS.
"SOUTH MIAMI PARK RESTROOMS" plans for this project are included as separate documents
as Attachment C, No. I "Construction Plans" and No. 2, "Technical Specifications."
Prepared by EAC Consulting.
3.5. PROIECT DURATION.
After permit(s) have been secured/approved, the Bidder is responsible for completing this project within
three hundred (300) calendar days from issuance of Notice to Proceed/Purchase Order/Email
Notification from the City's Project Manager.
3.6. WARRANTY.
Bidder must include a warranty and/or guarantees of all material and labor that includes:
3.6.1.
3.6.2.
3.6.3.
3.6.4.
3.6.S.
3.6.6.
any conditions; and
guaranteed response time for repair; and
guaranteed replacement during the warranty period; and
life expectancy under normal use; and
Failures during the warranty period must be repaired or replaced to the satisfaction of the
City; and
the term of the warranty.
At a minimum, Bidder/Contractor must warrant their Work to be free of significant defects in
workmanship and materials for a period of one (I) year and if General Conditions are made part of the
contract documents for this project, at a minimum, Bidder/Contractor must warrant their Work in
accordance with the warranty requirements found in the General Conditions to the Contract.
If equipment is being provided, the standard manufacturer's warranty information must be
provided in writing for all equipment being proposed and, if required by the warranty, such equipment
must be installed by an authorized installer before final payment is made. If the manufacturer's warranty
is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City.
3.7. DOCUMENTATION.
A prerequisite to final payment is the execution and delivery to the City of all documents required by any
governmental agency, including the City. Such documentation includes documentation for the conveyance
of any property or facilities that are the subject of this Project.
PERFORMANCE AND PAYMENT BONDS ARE REQUIRED FOR THIS PROJECT.
A BID BOND IS NOT REQUIRED FOR THIS PROJECT
END OF SECTION 3
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SECTION 4.
BID FORM PACKAGE
As provided in the 1TB, the following items must be attached to this Bid:
FORMS STATUS
Form I -Bid Form Package Acknowledgement ✓
Form 2A. Bidder's Certification (if Company or Corporation) ✓
Form 2B. Bidder's Certification (if Partnership) ✓
Form 3. Single Execution Affidavits ✓
Form 4. Dispute Disclosure ✓
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters ✓
Primary Covered Transactions
Form 6. Bidder's Qualifications Survey ✓
Form 7. Bid Form/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:
Attachment C:
Attachment D:
Attachment E:
Sample Contract
Declaration /Affidavit of Representation
Note: Provided as Separate Documents
No. I, "Construction Plans" & No. 2 "Technical
Specifications," prepared by EAC Consulting
American Rescue Plan Act (ARPA) Addendum
Performance and Payment Bond Forms
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FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Invitation to Bid, 1TB No. PR2024-
07, "RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK"
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 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
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FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
NAME OF BIDDER FIRM
SIGNATURE OF BIDDER
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
(_) __________ _
TELEPHONE NUMBER
State of Florida
County of ______ _
The foregoing instrument was acknowledged before me by means of_ physical presence or _ online
notarization, this __ day of ________ , 20_, by ___________ _
(name of person) as _______________ (type of authority) for _____ _
___ (name of party on behalf of whom instrument is executed).
___ ,Personally known to me; or
Notary Public (Print, Stamp, or Type as
Commissioned)
___ ,Produced identification (Type of Identification: ______________ ,)
___ Did take an oath; or
___ Did not take an oath
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(if Company or Corporation)
CERTIFICATE
STATE OF
COUNTY OF ___ _
FORM 2A
BIDDER'S CERTIFICATION
)
) ss
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, _____ , 2024 to the City of South Miami for 1TB No. PR2024-07
"RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK" 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 _____ , 2024.
Secretary
(SEAL)
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(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 ______ , 2024, to the City of South Miami
for 1TB No. PR2024-07 "RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI
PARK" 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 ____ ,, 2024.
Secretary
(SEAL)
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FORM3
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHO RIZED TO ADMINISTER OATHS.
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY
THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR
BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE
BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE
TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED
TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE:
By:------------------------------
For (Name of Proposing or Bidding Entity): _________________ _
Whose business address is: _______________________ _
And (if applicable) its Federal Employer Identification Number (FEIN) is: _____ _
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn
statement. SS#: ________________ __,_
Americans with Disabilities Act Compliance Affidavit
The above named firm, corporation or organization is in compliance with and agrees to continue to comply
with, and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining
to employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
• The American with Disabilities Act of 1990 (ADA), Pub. L IO 1-336, I 04 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title Ill, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section
553 .501-553.513, Florida Statutes :
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Transit Act, as amended 49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601-3631 .
Bidder Initials
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Public Entity Crimes Affidavit
I understand that a "public entity crime" as defined in Paragraph 287.133(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( I )(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after
July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133( I )(a), Florida Statutes, means:
I. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133( I )(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, and partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
D Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to
July I, I 989.
D The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 1989.
D The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida
, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that
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it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph I above is for that public entity only and that this form is valid through December 3 I of the
calendar year in which it is filed. I also understand that I am required to inform the public entity prior to
entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes
for category two of any change in the information contained in this form.
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;
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2. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid; and
3. Neither the Bidder/Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or
agreed, directly or indirectly with any other Bidder/Bidder, firm, or person to submit a collusive or
sham Bid/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder/Bidder, firm, or person to fix the price or prices
in the attached Bid/Bid or of any other Bidder/Bidder, or to fix any overhead, profit, or cost element
of the Bid/Bid price or the Bid/Bid price of any other Bidder/Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person
interested in the proposed Contract.
Bidder Initials
Scrutinized Company Certification
8. 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.
9. 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.
I 0. The Bidder agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under the Agreement that may result from this 1TB. As provided in
Subsection 287.135(8), F.S., iffederal law ceases to authorize the above-stated contracting prohibitions
then they shall become inoperative.
Bidder Initials
Drug-Free Workplace Affidavit
Bidder hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with
drug-free workplace programs when two bids/Bid are equal with respect to price, quality, and service.
Bidder understands that in order to qualify as a drug-free workplace, Bidder must:
a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
b) Inform employees about the dangers of drug abuse in the workplace, the Bidder's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
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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.)
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. PR2023-17 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the City Commission or City Manager, as applicable.
4. Contractor warrants that all information provided by it in connection with this Bid is true and
accurate.
Bidder Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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In the presence of: Signed, sealed and delivered by:
Witness #I Print Name: ______ _ Print Name: ___________ _
Title: ______________ _
Witness #2 Print Name: ______ _
ACKNOWLEDGMENT
State of Florida
County of _______ _
The foregoing instrument was acknowledged before me by means of_ physical presence or_ 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
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FORM4
DISPUTE DISCLOSURE
Answer the following questions by placing an "X" after "Yes" or "No". If you answer "Yes",
please explain in the space provided, or on a separate sheet attached to this form.
I. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES _____ NO ____ _
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
YES ____ NO ___ _
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES _____ NO ____ _
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and
state a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Bid or Bid for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of _______ _
The foregoing instrument was acknowledged before me by means of □ physical presence or □ online
notarization, this ___ day of _________ _, 20 __ , by _____________ _
(name of person) as ________________ (type of authority) for _____ _
___ (name of party on behalf of whom instrument is executed).
___ Personally known to me; or
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: _____________ )
___ Did take an oath; or
___ Did not take an oath
70 of 162
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 , 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 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
71 of 162
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
T elephone Number Facsimile Number
Email Address
Federal I.D. No. or Social Security Number
Municipal Business Tax/Occupat ional 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 Fi rm's primary business: _____________________ _
72 of 162
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
si,gnin_g 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) years? o 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 •
73 of 162
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: ______ _
74 of 162
FORM7
BID FORM/SCHEDULE OF VALUES
1TB No. PR2024-07
NOTE:
Quantities are being provided for reference only. Contractors shall be responsible for
verifying all quantities and take-offs, utilizing the furnished plans. Contractor's total sum
shall reflect the inclusion of all improvements noted, drawn, specified and identified
throughout the plans, without exception or exclusions.
RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK
75 of 162
E ~ ,~ -......
EAC Consulting, Inc.
% $/sf
1 Gen Cond + GC OHP
2 Site Civil Work
Landscape and Irrigation
3 Concrete
4 Masonry
5 Steel/Metals
6 Wood and Plastics
7 Moisture Protection
8 Doors
9 Windows
Finishes
10 Specialties
12 Furnishings
15 Mechanical
HVAC
Fire Protection
Plumbing
16 Electrical
31 Earthworks
32 Exterior Improvements
33 Site Utilities
40 Process Integration
Construction Cost $ $
Gross Area (SF) 1,880 $/sf
1
76 of 162
24-May-24
SOUTH MIAMI RESTROOM & CONCESSION
City of South Miami
Cost Estimate
NEW CONSTRUCTION
2 SITE WORK
SITE DEMOLITION
EARTHWORK
Building Pad
Fine Grade and Compact Building Area
Termite Treatment
EARTHWORK SUB-TOTAL
PAVING
Concrete Paths
PAVING SUB-TOTAL
SITE UTILITIES
Domestic Water
Tie in Existing + Valve
PVC Laterals
Sanitary Sewer Utilities
Fence
SITE UTILITIES SUB-TOTAL
LANDSCAPE -IRRIGATION
Irrigation (Repair allowance)
Sod (St. Augustine)
Trees and Shrubs
LANDSCAPE -IRRIGATION SUB-TOTAL
SITE WORK TOTAL
3 CONCRETE
Vapor retarder (frm Div 7)
Foundations -Slab on Grade -4" -CMU
Concrete Roof I Joists
Total Concrete
CONCRETE TOTAL
4 MASONRY
Masonry Walls
MASONRY TOTAL
5 METAL
::i tructura l ::i tee l c.;0 Iumns
METAL TOTAL
6WOOD
Koug h c.;arpentry
WOOD TOTAL
7 MOISTURE/THERMAL PROTECTION
Dam proofin g
Vapor retarder
Buildin g Insulation
Exterior wall -ri g id bd
Sound attenuation bait
Flat Roofing
Flashin q & Sheet Metal (SST )
Quantity Unit
209 CY
2,000 SF
1,880 SF
82 SF
450 LF
1 EA
450 LF
1
84 LF
1 LS
4,000 SF
0 LS
2,229 SF
1,115 SF
2,229 SF
1,115 CY
1,880 SF
t>,338 SF
1,500 SF
6 EA
1,88°0 SF
in Div . 3
1,500 SF
3,050 SF
1,880 SF
400 L F
77 o-{ 162
Unit Cost
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
~,~ -.,
EAC Consulting, Inc.
Sub-Total
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
24-May-24
SOUTH MIAMI RESTROOM & CONCESSION
City of South Miami
Cost Estimate
NEW CONSTRUCTION
Roof Cants
Downspouts
Joint Sealers
MOISTURE/THERMAL PROTECTION TOTAL
8 DOORS
Doors and Frames (HM) -NOA
Roll up Doors with NOA
Roll Down Grilles
t-Inisn Haraware
DOORS TOTAL
8 WINDOWS
Windows
vvall Louver
WINDOWS TOTAL
9 FINISHES
WALLS
Stucco
FLOORS
Sealed Concrete
Special Concrete
Floor tile
CEILINGS
Acoustical Panel Ceilings
Hard Ceilings/soffits
Exposed
WALL COVERINGS
Wall Tile and Base
Exterior Paint
Interior 1-'amtmg
FINISHES TOTAL
10 SPECIAL TIES/BUil T-INS
Fire Extinguishers
Fire Extingusher Cab .
Identifying Devices (Signs)
Toilet Partitions
Regular compartments
Urinal screens
Toilet Accessories
paper towel dryer
toilet tissue dispenser
42" grab bars
36" grab bars
mirror
soap dispensers
baby-changing table
Built-in Concessions Counter & Shelving
SPECIAL TIES/BUILT-INS TOTAL
Quantity Unit
100 LF
4 EA
1 LS
5 EA
1 EA
100 SF
5 door
50 SF
2 EA
333 SY
50 SF
900 SF
690 SF
400 SF
400 SF
50 SF
1,296 SF
1,500 SF
2 ,850 SF
2 EA
2 EA
5 door
4 EA
2 EA
8 EA
4 EA
2 EA
2 EA
4 EA
8 EA
2 EA
1 EA
78 o.f 162
Unit Cost
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
A ,,,, .... -..
EAC Consulting, Inc.
Sub-Total
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
24-May-24
SOUTH MIAMI RESTROOM & CONCESSION
City of South Miami
Cost Estimate
If NEW CONSTRUCTION
15 MECHANICAL
Mobilization/Shops/Bonds
Ductwork w . insulation
2.0 Ton Mini Split
Exhaust fans
A/C grilles
misc. supports, accessories
Louvers
IesuoaI
MECHANICAL TOTAL
16 PLUMBING
Mobilization/Shops/Bonds
Water Closet
Urinals
Lavs
Drinking fountains -hi-lo
Janitor
Shower
Water Htrs
Piping Plumbing
Grease trap/ separator/ sampling port
urywe11
PLUMBING TOTAL
16 ELECTRICAL
Mobilization/Shops/Bonds
Site Electrical Duct Bank
Site Communications
Panelboards, feeders, transformers
Outlets
Lighting
Telephone (empty conduit)
Intrusion detection
Lightning Protection
Grounding
ELECTRICAL TOTAL
31 EARTHWORKS
Clearing and Grubbing
Removal of Concrete Type D Curb
Subsoil Escavation
Embankment
Type B Stabilization (12 inches)
EARTHWORKS TOTAL
32 EXTERIOR IMPROVEMENTS
Optional Base, Base Group
Milling Existing Asphalt Pavement , 1" Avg
Depth
Superpave Asphaltic Concrete, Traffic C,
PG76-22
Inlets, DT, BOT, Type C, JBOT, <10
French Drain, 18"
Concrete Curb, Type D
Quantity
15%
1
1
1
8
1
2
3%
15%
4
2
4
1
1
0
1
2
1
1
15%
200
200
1,880
25
43
1
0
1
1
1
3
3,420
4,105
770
770
1,915
190
3
130 -35
79 of 162
It.' .... -----.. EAC Consultlng, Inc.
Unit Unit Cost Sub-Total
$ $
EA $ $
EA $ $
EA $ $
EA $ $
EA $ $
EA $ $
% $ $
$
$
EA $ $
EA $ $
EA $ $
EA $ $
EA $ $
EA $ $
EA $ $
EA $ $
EA $ $
EA $ $
$
$
LF $ $
LF $ $
SF $ $
EA $ $
FIX $ $
EA $ $
SF $ $
EA $ $
EA $ $
$
LS $ $
SY $ $
CY $ $
CY $ $
SY $ $
$
SY $ $
SY $ $ ---
TN $ $
EA $ $
LF $ $
LF $ $
24-May-24
SOUTH MIAMI RESTROOM & CONCESSION
City of South Miami
Cost Estimate
I NEW CONSTRUCTION
I
Concrete Sidewalk, 4" Thick
Detectable Warnings
Performance Turf, Sod
::signing ano 1-'avement MarKmgs
EXTERIOR IMPROVEMENTS TOTAL
33 SITE UTILITIES
Utility Pipe, Plug, & Out of Serv, 6"
Utility Pipe, Remove & Dispose , 6"
Utility Pipe Poly Vinyl Chloride, Furnish and
Install, 6"
Sanitary Sewer Cleanout, 6" PVC.Furnish
and Install
Utility Pipe HDPE , Furn ish , and Install 1.5"
Utility Pipe HDPE, Furnish, and Install 2"
Furnish, and Install 3/4" hosebib
Utility Pipe Ductile Iron, Furnish , and Install,
4"
Utility Ductile Iron, Furnish , Install, 6"
Utility Ductile Iron, Furnish , Install, 8"
Utility Fitting, Elbow, Furnish , and Install 4"
Utility Fitting , Elbow, Furnish, and Install 6"
Utility Fitting , Elbow , Furnish, and Install 8"
Util ity Fitting , Tee, Furnish, and Install 8"
Utility Fitting , Cap , Furnish , and Install , 6"
Utility Fitting, Cap, Furnish, and Install , 8"
Utility Fixture , Furnish and Install Line Stop
Assmebly, 6"
Utility Fixture , Furn ish and Install Dual Meter
Box2"
Utility Fixture, Furn is h and Install Corp Stop
1.5"
Utility Fixture , Furnish and Install Tapping
Saddle 4"
Ut il ity Fixture, Furnish and Install Tapping
Saddle 6"
Utility Fixture, Furnish and Install Tapp ing
Saddle 8"
Utility Fixture, Furnish and Install Valve
Assembly 4"
Utility Fixture, Furnish and Install Valve
Assembly 6"
Utility Fixture, Furn ish and Install Valve
Assembly 8"
Utility Fixture, Furnish and Install Blowoff
Assembly 2"
Utility Fixture , Furnish and Install Sample
Point 8"
Lift Station everyth ing inside the fence
Including Forcema in, fitting and
appurtenance up to the connection point
(Includes fence, electrical , structural).
Includes all work up to point of connection.
Fire Hydrants
Quantity
10
20
1,250
1
400
25
45
1
40
20
1
240
50
1,270
9
4
8
8
1
2
2
2
1
1
2
1
2
4
6
2
2
1
2
80 o.f 162
Unit UnHCost
SY $
SF $
SY $
LS $
LF $
LF $
LF $
EA $
LF $
LF $
EA $
LF $
LF $
LF $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
LS
$
EA $
~,,, .... -...
EAC Consulting, Inc.
Sub-Total
$
$
$
$
I $
I
$
$ -
$
$ -$ -$
$ -
$
$
$
$
$
$
$
$
$
$ -
$ -
$
$
$
$
$
$
$
$
$
$
$
24-May-24
SOUTH MIAMI RESTROOM & CONCESSION
City of South Miami
Cost Estimate
NEW CONSTRUCTION
Fire Hydrant, Remove
UtI111y i-Ixture, FurnIsn ana install Air Release
Valve
SITE UTILITIES TOTAL
40 PROCESS INTEGRATION
Utility Fixture, Furnish and Install Backflow
Assembly 1.5"
ut11Ity rIXlure, t-urnIsn ana Install tsacKTlow
Assembly 4"
PROCESS INTEGRATION TOTAL
II SUB-TOTAL ALL TRADES
11,L. __ A,!.. 1.,uNu1 HONS ( tor reference
only)
General Conditions and requirements
As-builts
CM Fee (6%)
GLPD
Builders Risk
P&P Bond
1utner (See Note 2)
GENERAL CONDITIONS TOTAL
GRAND TOTAL
NOTES
Quantity Unit Unit Cost
1 EA $
1 EA $
1 EA $
1 EA $
$
A'~ -..
EAC Consulting, Inc.
Sub-Total
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1.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 DISTURED ELEMENTS AND SURFACE
AREA DUE TO CONSTRUCTION ACTIVITIES AND DISPOSAL OF ALL DEBRIS AND MATERIAL OFF-SITE.
2. THE CONTRACTOR SHALL USE THIS ITEM TO WRITE DOWN THE ALL OF THE COSTS, EXPENSES, LABOR, MATERIAL,
EQUIPMENT OR ANY OTHER COSTS NOT ALREADY COVERED BY THE SCHEDULE OF VALUES BUT NEEDED TO COMPLETE
THE WORK, AS ENVISIONED AND INTENDED IN THE CONTRACT DOCUMENTS. CONTRACTOR TO PROVIDE A NARRATIVE OF
WHAT ITEMS ARE BEING COVERED UNDER THIS ITEM.
3. THIS SCHEDULE OF VALUES IS PART OF A SET OF CONSTRUCTION DOCUMENTS . THE GRAND TOTAL (BID PRICE) SHALL
MEAN THE PRICE TO COMPLETE THE WORK AS ENVISIONED BY THE CONTRACT DOCUMENTS IN ITS ENTIRETY.
81 o{ 162
SUBMITTED THIS ------DAY OF --------20 __ •
BID SUBMITTED BY :
Company Telephone Number
Name of Person Authorized to Submit Bid Fax Number
Signature Email Address
Title
82 of 162
FORMS
REFERENCE LIST
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM,
BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #I
Public Entity Name: _________________________ _
Reference Contact Person/Title/Department: ___________________ _
Contact Number & Email _________________________ _
Public Entity Size/Number of Residents/Square Mileage: ________________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) _______________________ _
Is the Contract still Active! Yes ___ No ___ _
83 of 162
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 ___ _
84 of 162
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
85 of 162
ATTACHMENT A
SAMPLE OF CONTRACT
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this ___ day of _
________ ,, 2024 (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. PR2024-07 (the "ITB") for construction of
"RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK" (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 EAC Consulting (the "Project Consultant") attached hereto as
Exhibit "C" (the "Design Plans & Specifications") and any other documents incorporated
herein by reference and made a part of this Contract for the following Project
"RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK"
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
86 of 162
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.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.
87 of 162
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.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.
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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 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 three hundred
(300) calendar days from the date specified in the Notice to Proceed ("Contract Time").
Substantial Completion shall be defined for this purpose as the date on which City receives beneficial use
of the Project. The Work shall be fully completed in accordance with the Contract Documents
within three hundred (300) calendar days from the date specified in the Notice to Proceed
("Final Completion Time"). The Final Completion date is defined as the date determined by the City
when all Work, including punch list items, has been completed in accordance with the Contract Documents
and Contractor has delivered to City all documentation required herein.
2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within
the Contract Time, Contractor shall pay to City the sum of $2.650.00 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 $2.650.00 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
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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
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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.
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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. I. 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
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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
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
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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
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such laws. Information regarding eligibility for an exemption from the State of Florida
Workers' Compensation Law is available at:
https://www.myfloridacfo.com/Division/wdPublicationsFormsManualsReports/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/wdEmployer/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: 18l.
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:
□.
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
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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.
7.1.1. 7. Contractor has given City written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to Contactor, and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications
and skills to perform the Work and that the Work shall be executed in a good and
workmanlike manner, free from defects, and that all materials shall be new and approved by
or acceptable to City, except as otherwise expressly provided for in the Contract Documents.
The Contractor shall cause all materials and other parts of the Work to be readily available
as and when required or needed for or in connection with the construction, furnishing and
equipping of the Project.
7.2. No recovery for changed market conditions.
7.2.1. In entering into the Contract, Contractor represents and warrants that it has accounted
for any and all inflation-related events, recession, labor or material shortages, supply chain
disruptions, delivery lead time , or price increases that may be caused by local and or national
conditions, whether known or unknown at the time of entering into the Contract (the "Market
Conditions"). Contractor further specifically represents and warrants that it has considered all
impacts and potential impacts, including any current and future supply chain disruptions and labor
shortages, associated with the following events : (I) worldwide pandemics including, but not limited
to, COVID-19 and Monkey Pox (the "Pandemics") and (2) the current military conflict involving
Russia and the Ukraine (the "Ukraine Military Conflict"). Contractor also represents and warrants
that in determining time requirements for procurement, installation, and construction completion,
Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the
Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and
Contract Sum .
7 .2.2. Contractor shall not seek any price increases or time extensions relating to or arising from
the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict.
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7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the
Contract Time in connection with any failure by the Contractor to comply with the requirements
of this Section .
7.3. Contractor warrants the following:
7.3.1. Anti-Discrimination. Contractor agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit or service under
this Contract because of race, color, religion, sex, national origin, or physical or mental handicap
where the handicap does not affect the ability of an individual to perform in a position of
employment, and agrees to abide by all federal and state laws regarding non-discrimination.
7.3.2. Anti-Kickback. Contractor warrants that no person has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, and that no employee or officer of the City has any interest,
financially or otherwise, in the Project. For breach or violation of this warranty, the City shall have
the right to annul this Contract without liability or, in its discretion, to deduct from the Contract
Price or consideration, the full amount of such commission, percentage, brokerage or contingent
fee.
7.3.3. Licensing. Contractor represents that it is a properly qualified and licensed contractor in
good standing within the jurisdiction within which the Project is located. Contractor warrants
that it shall have, prior to commencement of Work under this Contract and at all times during
said Work, all required licenses from the federal, state, Miami-Dade County, City, or other
governmental or regulatory entity. Contractor acknowledges that it is the obligation of
Contractor to obtain all licenses required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
licenses .
7.3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under
this Contract and at all times during said Work, all required permits from the federal, state, Miami-
Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that
are necessary to perform the Work. Contractor acknowledges that it is the obligation of
Contractor to obtain all permits required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
permits. City building permit fees may be waived for this Project. If permits are required by any
other governing body or agency, the Contractor shall be obligated to pay the fees.
7.4. Defective Work: Warranty and Guarantee.
7.4.1. City shall have the authority to reject or disapprove Work which the City finds to be
defective. If required by the City, Contractor shall promptly either correct all defective Work or
remove such defective Work and replace it with non-defective Work. Contractor shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing laboratories
and personnel.
7 .4.2. Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within the time
indicated in writing by the City or its designee, City shall have the authority to cause the defective
Work to be removed or corrected, or make such repairs as may be necessary at Contractor's
expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of failure of
Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default.
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7.4.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment
furnished and Work performed for a period of three (3) years from the date of Substantial
Completion. If, within three (3) years after the date of substantial completion, any of the Work is
found to be defective or not in accordance with the Contract Documents, Contractor, after receipt
of written notice from City, shall promptly correct such defective or nonconforming Work within
the time specified by City without cost to City. Should the manufacturer of any materials and
equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty
to the City prior to Final Completion. Nothing contained herein shall be construed to establish a
period of limitation with respect to any other obligation which Contractor might have under the
Contract Documents including but not limited to any claim regarding latent defects. Contractor shall
provide and assign to City all material and equipment warranties upon completion of the Work
hereunder.
7 .4.4. Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered .
8. DEFAULT, TERMINATION, AND SUSPENSION; REMEDIES
8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work
with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the
Work within the Contract Time or Final Completion Time as specified in Section 2, or shall perform the
Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution
of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term
set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or
commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or
from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon
seven (7) days after sending Contractor a written Notice of Termination, terminate the services of
Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work,
appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable,
and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not
be entitled to receive any further payment until the Project is completed . All damages, costs and charges
incurred by City, together with the costs of completing the Project, shall be deducted from any monies due
or which may become due to Contractor. In case the damages and expenses so incurred by City shall
exceed monies due Contractor from City, Contractor shall be liable and shall pay to City the amount of
said excess promptly upon demand therefore by City. In the event it is adjudicated that City was not entitled
to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed
terminated by City for convenience as described below.
8.2. Termination for Convenience. This Contract may be terminated by the City for convenience
upon seven (7) calendar days' written notice to the Contractor. In the event of such a termination, the
Contractor shall incur no further obligations in connection with the Project and shall, to the extent
possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated
for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly
submit to the City its Application for Payment for final payment which shall comply with the provisions
of the Contract Documents.
8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon
seven (7) calendar days' written notice to the Contractor or immediately if suspended in connection
with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to
additional Contract Time as a non-compensable, excusable delay.
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8.4. Termination Due to Lack of Funding. This Contract is subject to the conditions precedent that:
(i) City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price;
(ii) the City secures and obtains any necessary proceeds, grants, and/or loans for the accomplishment of
the Work and/or the Project pursuant to any borrowing legislation adopted by the City Council relative to
the Project; and (iii) City Council enacts legislation which awards and authorizes the execution of this
Contract if such is required.
8.5. No Damages for Delay. No claim for damages or any claim, other than for an extension of time
shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an increase
in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to, costs of acceleration or
inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled
only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay.
8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of
which shall be the subject of any Change Order or Claim and none of which shall be compensated for
except as they may have been included in the Contractor's Contract Price as provided in the Contract
Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business
opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid,
inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare,
negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential
costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted
Work.
8. 7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation.
8.8. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder and in accordance with this Contract shall be in addition to
and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by
law.
9. CHANGES IN THE WORK
9.1. Change Orders.
9. I . I . Without invalidating the Contract Documents, and without notice to any Surety, the City
reserves the right to make increases, decreases or other changes in the character or quantity of the
Work under the Contract Documents as may be considered necessary or desirable to complete the
Work in a manner satisfactory to the City. The City reserves the right to order changes, which may
result in additions to or reductions from the amount, type or value of the Work shown in the
Contract, and which are within the general scope of the Contract Documents, and all such changes
will be authorized only by a change order ("CO") approved in advance, and issued in accordance with
provisions of the Contract Documents.
9.1.2. For Contractor initiated change orders, the Contractor is requ ired to provide the Project
Consultant with a detailed Request for Change Order ("RCO") in a form approved by the City,
which must include the requested revisions to the Contract, including, but not limited to, adjustments
in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting
documentation to demonstrate the reasonableness of the RCO. The City may require Contractor
to provide additional data including, but not limited to, a cost breakdown of material costs, labor
costs, labor rates by trade, work classifications , and overhead rates to support the RCO. If applicable,
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the RCO must include any schedule revisions accompanied by an explanation of the cost impact of
the proposed change. Failure to include schedule revisions in an RCO will be deemed as the
Contractor's acknowledgement that the changes included in an RCO will not affect the project
schedule.
9.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price, must be
effectuated through a written CO executed by both parties and, if required by the City Code of
Ordinances, approved by the City Council.
9.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given
that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to
proceed on a time and materials basis or make such arrangements as may be deemed necessary to
complete the proposed additional Work at the unit prices provided in the Contract Documents.
Where the City directs the Contractor to proceed on a time and materials basis, the City shall
impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all
labor and material costs including but not limited to payroll records and material receipts. Contractor
must demonstrate its costs with sufficient evidence to be entitled to compensation from the City.
9.2. Continuing the Work. Contractor must continue to perform all Work under the Contract
Documents during all disputes or disagreements with City, including disputes or disagreements concerning
an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements.
I 0. MISCELLANEOUS
I 0.1. No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part
without the written consent of the other, nor shall Contractor assign any monies due or to become due
to it hereunder, without the previous written consent of the City Manager.
I 0.2. Contractor's Responsibility for Damages and Accidents.
I 0.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of any
nature sustained until final acceptance by City and shall promptly repair any damage done from any
cause.
I 0.2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the
Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or
destroyed prior to final acceptance by City, Contractor shall replace same without cost to City.
I 0.3. Governing Law. This Contract shall be construed in accordance with and governed by the laws
of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in
Miami-Dade County, Florida.
I 0.4. Waiver of lury Trial. CITY AND CONTRACTOR KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY
JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION,
PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR
CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE
CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY.
I 0.5. Prevailing Partyi Attorneys' Fees. In the event of any controversy, claim, dispute or litigation
between the parties arising from or relating to this Contract {including, but not limited to, the
enforcement of any indemnity provisions), the prevailing party shall be entitled to recover from the non-
prevailing party all reasonable costs, expenses, paralegals' fees, experts' fees and attorneys' fees including,
but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the
prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated
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with discovery, processing, management, hosting, and production of electronically stored information
(ESI).
I 0.6. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in
particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this
Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed
to be incorporated herein.
I 0.7. Examination and Retention of Contractor's Records.
I 0.7.1. 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 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 0.1 I. 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 (l)(a), Florida Statutes. IF THE
BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
Custodian of Records:
Mailing address:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33 143
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Telephone number:
Email:
305-663-6340
NPayne@southmiamifl.gov
I 0.18. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all
contractors doing business with the City to register with and use the E-Verify system to verify the work
authorization status of all newly hired employees. The City will not enter into a contract unless each party
to the contract registers with and uses the E-Verify system. The contracting entity must provide of its
proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's
participation/enrollment in E-Verify, please 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 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.
11.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law,
or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic ("MOT")
must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further
stated herein . The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department
of Transportation, FHW A}, 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
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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"). Towards that end, the
Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including
any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as
further detailed in the ARPA Contract Conditions. If compliance with the ARPA Addendum is
required, the City shall select this box:~.
I 1.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded
utilizing funds from the grants listed below (each a "Grant"). Accordingly, the Contractor warrants and
represents that it has reviewed the terms and conditions for each Grant and will perform the Work in
accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant
funds, the City shall select this box: □.
Grant Title Grant Agreement Exhibit
If the Work will be funded utilizing Grant funds, the City shall select this box:□.
11.9. DBE Contract Assurance.
11.9.1. The City affirms it has encouraged women-owned, minority-owned, and disadvantaged
businesses of the Project and be responsive to the opportunity of the award of this Contract.
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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 1.1 0. Scrutinized Companies.
I 1.10.1. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies
that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this
Agreement at its sole option if the Contractor or its subcontractors are found to have submitted
a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the
Agreement.
I 1.10.2. If this Agreement is for more than one million dollars, the Contractor certifies that it
and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section
287.135, F.S ., the City may immediately terminate this Agreement at its sole option if the
Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or
if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or engaged with business operations in Cuba or Syria during the term of the
Agreement.
I 1.10.3. The Contractor agrees to observe the above requirements for applicable subcontracts
entered into for the performance of work under this Agreement.
I 1.10.4. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-
stated contracting prohibitions then they shall become inoperative.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year as first stated above.
CITY OF SOUTH MIAMI
By: ____________ _
Genaro "Chip" Iglesias
City Manager
Attest:
By: ____________ _
Nkenga "Nikki" Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By: _____________ _
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro "Chip" Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl .gov ( email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq .
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com ( email)
CONTRACTOR
By: ____________ _
Name: _____________ _
Title: ______________ _
Entity: _____________ _
Addresses for Notice:
___________ (telephone)
___________ (email)
With a copy to:
___________ (telephone)
___________ (email)
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E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with
the City to register with and use the E-Verify system to verify the work authorization status of all newly
hired employees. The City will not enter into a contract unless each party to the contract registers with
and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes
and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E-
Verify affidavits from subcontractors.
□ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #I Print Name: _______ _ Print Name: ____________ _
Title: ______________ _
Witness #2 Print Name: _______ _ Entity Name: ____________ _
ACKNOWLEDGMENT
State of Florida
County of _______ _
The foregoing instrument was acknowledged before me by means of □ physical presence or □ online
notarization, this __ day of ________ _, 20 __ , by ____________ _
(name of person) as ________________ (type of authority) for _____ _
___ (name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as Commissioned)
___ Personally known to me; or
___ Produced identification (Type of Identification: ___________ _
___ Did take an oath; or
___ Did not take an oath
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NOTICE TO PROCEED
Dated:--------~ 20 __
To:
Project Name: "RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK"
You are hereby notified that the Contract Times under the above Contract will commence to run on
______ , 2024. 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 _________ 2024 and
_________ , 2024, __ / __ days respectively.
Before you may start any Work at the site, Article 6 provides that you must deliver to the City ( __ _
check here if applicable, with copies to ______ and other identified additional insureds)
Certificates of Insurance in accordance with the Contract Documents.
In addition, before you may start any Work at the site, you must: (add any additional requirements)
CITY OF SOUTH MIAMI
By: ____________ _
Genaro "Chip" Iglesias
City Manager
ACCEPTANCE OF NOTICE TO PROCEED
[INSERT NAME OF CONTRACTOR].
By : ____________ _
Name: ______________ _
Title: ______________ _
Date: ______________ _
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ATTACHMENT B
DECLARATION/AFFIDAVIT OF REPRESENTATION
This Affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review, or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The Affidavit must be
filed by with the City Clerk's office at the time the a bid or proposal is submitted to the City. For the
purpose of this solicitation only, the members listed for the presentation team, with the exception of any
person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No
person may appear before any committee on behalf of an anyone unless he or she has been listed as part
of the firm's presentation team pursuant to this Affidavit or unless he or she is registered with the City
Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to Section 92.525(2), Florida Statutes, the undersigned,
following declaration under penalties of perjury:
________ ,, makes the
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents.
NAME TITLE
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in
it are true and specifically, that the persons listed above are the members of the presentation team of the
entity listed below.
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ATTACHMENT C
NOTE: PROVIDED AS A SEPARATE DOCUMENTS
NO. I "CONSTRUCTION PLANS"
NO. 2 "TECHNICAL SPECIFICATIONS"
Prepared by:
EAC Consulting
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ATTACHMENT D
ADDENDUM:
AMEREICAN RESCUE PLAN ACT (ARPA)
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ATTACHMENT D
AMERICAN RESCUE PLAN ACT ADDENDUM TO
RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK
BETWEEN
THE CITY OF SOUTH MIAMI
AND
[NAME OF ENTITY]
THIS ADDENDUM to the RESTROOM-CONCESSION FACILITY BUILD AT
SOUTH MIAMI PARK (the "Addendum") is entered into as of the __ day of __ _
--~ 2024 (the "Effective Date of this Addendum"), by and between the CITY OF SOUTH
MIAMI, a Florida municipal corporation, (the "City") and NAME OF ENTITY, a [State] [type
of entity] [if out of state entity, add and confirm that the entity is: authorized to do business in
Florida] (hereinafter, the "Contractor"). Collectively, the City and the Contractor are referred to
as "Parties."
WHEREAS, on [DATE], the City entered into a Construction Agreement (the
"Agreement") with the Contractor for the Construction Services related to the RESTROOM-
CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK project(s) for contractor to
implement] (the "Project"), as further defined in the Agreement; and
WHEREAS, on March 11, 2021, the federal government adopted the American Rescue
Plan Act ("ARPA"), which, among other things, provides local governments with emergency
COVID-19 funding; and
WHEREAS, the City desires to utilize ARP A funding to implement the Project; and
WHEREAS, in order to utilize ARP A funding for the Project, the City desires to
incorporate federally required contract provisions relating to ARP A into the Agreement, as set
fo1th in this ARP A Addendum; and
WHEREAS, the City and Contractor wish to modify the te1ms of the Agreement in
accordance with the te1ms and conditions set forth in this ARP A Addendum.
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein,
the City and Contractor agree as follows: 1
1. Recitals Incorporated. The above recitals are true and correct and incorporated herein.
2. American Rescue Plan Act Provisions. The Agreement is hereby amended by adding the
following provisions to the Agreement:
1 Coding: StFil1etl'IFe1:1gl'I weFas are deletions to the existing words . Underlined words are additions to the existing words.
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2.1.Mandated Federal Agreement Conditions.
2.1.1. In connection with the performance of this Agreement, Contractor acknowledges
that compensation for the Project services under this Agreement shall be fully or partially
funded using the Coronavirus State and Local Fiscal Recovery Funds allocated to the City
pursuant to the American Rescue Plan Act. As such, Contractor shall comply with all laws,
rules, regulations, policies, and guidelines (including any subsequent amendments to such
laws, regulations, policies, and guidelines) required by the American Rescue Plan Act,
including, but not limited to the following documents and guidelines, which are incorporated
herein and made a part of this Agreement:
ARPA Exhibit I.Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200), as applicable and as may
be amended from time to time;
ARPA Exhibit 2.The U.S. Department of the Treasury 's Final Rule governing ARPA, dated
January 27, 2022;
ARPA Exhibit 3.U .S. Department of the Treasury Coronavirns State and Local Fiscal Recovery
Funds Award Terms and Conditions (Assistance Listing Number 21.019);
ARPA Exhibit 4.The U.S. Department of the Treasury's Coronavirus State and Local Fiscal
Recovery Funds Frequently Asked Questions, dated April 27, 2022;
ARP A Exhibit 5.American Rescue Plan Act Corona vims Local Fiscal Recovery Fund
Agreement between the City and the State of Florida, Division of Emergency
Management;
ARPA Exhibit 6.The U.S. Department of the Treasury's ARPA Compliance and Reporting
Guidance, dated June 17, 2022; and
ARPA Exhibit 7.Assurances of Compliance with Civil Rights Requirements.
A copy of the above-referenced documents are available for inspection by the Contractor at the
Office of the City Clerk and at the following City link: ARP A EXHIBITS, Exhibit 1 through
Exhibit 7 Listed Above in Section 2.11:
https://south miamiflgov-
my.sharepoint.com/:f:/g/personal/skulick southmiamifl gov/EgZe4BSydzhJ1KcTTEKzlx
EBXe 9fwkGvYIOaDEg6grosw?e=5fwsTC
2.1.2. Title VI Requirements. Contractor acknowledges that the City has certified
compliance with Title VI of the Civil Rights Act of 1964 to the U.S . Department of the
Treasury on the form incorporated herein as ARP A Exhibit 7. Towards that end, Contractor
shall ensure that perfo1mance of work in connection with this Agreement complies with the
certifications and requirements contained in ARP A Exhibit 7 and shall also adhere to the
following provisions:
(I) The Contractor and its subcontractors, successors, transferees, and assignees shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
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federal financial assistance from excluding from a program or activity, denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement. Title VI also includes protection to persons with
"Limited English Proficiency" in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a part of this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor
shall undertake an active program of nondiscrimination in its administration of the
Work under this Agreement.
2.1.3. Americans with Disabilities Act Requirements. The Contractor agrees to comply
with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government services ,
and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Agreement.
2.1.4. Age Discrimination Act 0(1975. Contractor shall comply with the requirements of
42 U .S.C. §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31 CFR
Part 23), which prohibits the discrimination on the basis of age in programs or activities under
this Agreement.
2.1.5. Protections for Whistleblowers.
(l) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, infmmation that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, mle, or
regulation related to a federal contract (including the competition for or negotiation of
a contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i.A Member of Congress or a representative of a committee of Congress.
ii.An Inspector General
iii.The Government Accountability Office.
iv.A Federal employee responsible for contract or grant oversight or management at
the relevant agency.
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v.An authorized official of the Department of Justice or other law enforcement
agency.
vi.A court or grand jury.
vii.A management official or other employee of the Contractor, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
2.1.6. Compliance with Immigration and Nationality Act (INA). Contractor hereby
certifies that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")].
2.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor
shall adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Contractor and
its employees while performing the Work.
2.1.8. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225,
Contractor shall adopt and enforce policies that ban text messaging while driving and
workplace safety policies designed to decrease accidents caused by distracted drivers.
2.1.9. Publication. Contractor shall obtain approval from the City in writing prior to
issuing any publications in connection with this Agreement. If approved by the City, the
Contractor shall include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award number
(FAIN) [Insert Project FAIN] awarded to City of South Miami by the U.S.
Department of the Treasury."
2.1.10. Reporting Conflict oflnterests. Contractor agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any
potential conflicts of interest affecting the use of funds awarded under the American
Rescue Plan Act in accordance with 2 CFR 200.112.
2.2. Compliance with Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Final Rule
and other guidelines provided in connection with the American Rescue Plan Act, Contractor
shall be subject to the federal Unifmm Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to:
2.2.1. Equal Employment Opportunity Compliance. During the performance of this
Agreement, the Contractor agrees as follows:
( 1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
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ongm. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of pay or other forms of compensation; and
d. selection for training, including apprenticeship
The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting fotth the provisions of this
nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of
Labor.
(6) The Contractor will furnish all inf01mation and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
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by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph ( l) and the provisions of paragraphs ( 1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965 , so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
2.2.2. Contract Work Hours and Safety Standards Act Compliance . During the
performance of this Agreement, the Contractor shall comply with the provisions of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as
follows:
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or
mechanics shall require or pe1mit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation ; liability for unpaid wages; liquidated damages . In the event of any violation
of the clause set forth in paragraph (I) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States, for liquidated
damages . Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph ( l) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (I) of this section.
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(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the U.S. Department
of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such contract or any
other Federal contract with the same Contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same Contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph ( l) through ( 4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs ( 1) through ( 4) of this section.
2.2.3. Clean Air Act Compliance. During the performance of this Agreement, the
Contractor shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as
amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
(2) The Contractor agrees to rep01t each violation to the City and understands and agrees
that the City will, in tum, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in patt with Federal assistance in connection with this
Agreement.
2.2.4. Federal Water Pollution Control Act Compliance. During the performance of this
Agreement, the Contractor shall comply with the provisions of Federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
( l) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in tum, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.5. Debarment and Suspension Compliance. During the performance of this
Agreement, the Contractor warrants that Contractor or its subcontractors are not debarred,
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suspended, or otherwise ineligible for contract awards under Executive Orders 12549 and
12689. Contractor shall comply with the following provisions:
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
C .F.R . pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals ( defined at 2 C.F.R. § 180.995), or its affiliates ( defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3) This ce1tification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpa1t C and 2
C.F.R. pt. 3000, subpa1t C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and /or deba1ment.
( 4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C throughout the period of this· Agree.ment. The
Contractor further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
(5) Contractor certifies that they:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
depa1tment or agency;
11. Have not, within a five (5)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or perfo1ming a public (Federal,
State or Local) transaction or contract under 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.
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
1v. Have not, within a five (5)-year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Contractor is unable to obtain and provide such ce1tification, then the Contractor
shall attach an explanation to this Agreement as to why not.
2.2.6. Byrd Anti-Lobbying Amendment (31 USC. § 1352, as amended). During the
performance of this Agreement, the Contractor and its subcontractors shall comply with the
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prov1s1ons of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended).
Specifically, Contractor represents and warrants as follows:
( 1) No Funds received by the Contractor under this Agreement have been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any monies, other than Funds received by Contractor under this Agreement, have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Contractor shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions.
(3) The Contractor shall require that this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all such sub-recipients shall certify
and disclose accordingly.
( 4) This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
2.2.7. Copeland "Anti-Kickback" Act. During the perfo1mance of this Agreement, the
Contractor and its subcontractors shall comply with the provisions of the Copeland "Anti-
Kickback" Act as follows:
(1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by
reference into this Agreement.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts . The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
122 of 162
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
2.2.8. Procurement o(Recovered Materials. Contractor shall comply with the provisions
of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in
the performance of this Agreement, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items, unless the product cannot be
acquired: ( 1) competitively within a timeframe providing for compliance with the contract
performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable
pnce.
Information about this requirement, along with the list of EPA-designated items, is available
at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurem ent-guideline-cpg-program.
2.2.9. Domestic Preferences for Procurements. To the greatest extent practicable,
Contractor and its subcontractors shall provide preference for the purchase, acquisition, or use
of goods, products, or materials produced in the United States, in accordance with 2 CFR
200.322, "Domestic preferences for procurements."
2.2.10. 2 CFR Subpart F -Audit Requirements. Contractor shall assist the City in
complying with the audit requirements under 2 CFR Subpart F -Audit Requirements ("Federal
Audit Provisions") and the reporting requirements of the U.S. Department of the Treasury's
Final Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
( 1) Contractor shall assist the City in complying with the Federal Audit Provisions by
providing the City, the State of Florida, the U.S. Department of the Treasury, the
Treasury Office of the Inspector General, the Government Accountability Office, or
other federal government entities, and any of their duly authorized representatives,
access to personnel, accounts, books, records, supp011ing documentation, and other
infmmation relating to the performance of the Agreement or the Work
("Documentation") necessary to complete federal audits. Contractor shall promptly
assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Contractor shall keep all Documentation up-to-date throughout the performance of this
Agreement and the Work. Contractor shall provide the City with all Documentation for
each fiscal year by October l of each year or within five days of the completion of the
Work, whichever occurs first. Contractor shall assist the City in complying with
additional guidance and instructions issued by the U.S. Department of the Treasury
governing the rep011ing requirements for the use of American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Funds.
3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the terms
123 of 162
and provisions of this Addendum and the terms and provisions of the Agreement, the terms
and provisions of this Addendum shall control.
4. Agreement Ratified . Except as otherwise specifically set forth or modified herein, all terms
in the Agreement are hereby ratified and affirmed and shall remain unmodified and in full
force and effect in accordance with its terms .
5. Defined Terms . All initial capitalized te1ms used in this Addendum but not otherwise defined
herein shall have the same meaning ascribed thereto in the Agreement.
6. Counterparts. This Addendum may be executed in counterparts , each of which shall be
deemed an original, but all of which, when taken together, shall constitute one and the same
instrument. An executed facsimile or electronic copy of this Addendum shall have the same
force and effect as an original hereof.
(Remainder of page intentionally left blank. Signature pages follow.]
124 of 162
IN WITNESS WHEREOF, the parties hereto have caused this Addendum 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)
____________ (facsimile)
____________ (email)
With a copy to:
____________ (telephone)
____________ (facsimile)
____________ (email)
125 of 162
ATTACHMENT E
FORM OF PAYMENT AND PERFORMANCE BONDS
PAYMENT BOND
BY THIS BOND, we, ____________________ , as Principal,
(the "Contractor") and ____________________ , as Surety, are bound to
the City of South Miami (the "City"), as Obligee, in the amount of ___________ Dollars
($ _______ _, for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract pursuant to 1TB No.
PR2024-07, which was awarded on---------~ 2024, pursuant to Resolution No.
--~ with the City, which contract documents are by reference incorporated herein and made a part
hereof, and specifically include provision for liquidated and other damages, and for the purpose of this
Bond are referred to as the "Contract."
NOW, THEREFORE, THE CONDITION OF THIS PAYMENT BOND/OBLIGATION are that if
Contractor shall promptly make payment to all claimants, as herein below defined, then this obligation
shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and
conditions:
I. A claimant is defined as any person supplying the Principal with labor, material and supplies, used
directly or indirectly by the said Principal or any subcontractor in the prosecution of the work
provided for in said Contract, and is further defined in Section 255.05( I) of the Florida Statutes; and
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of
ninety (90) days after performance of the labor or after complete delivery of materials and
supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to
final judgment for such sum or sums as may be justly due claimant, and have execution thereon.
The Owner shall not be liable for the payment of any costs or expenses of any such suit; and
3. No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct contract with the Principal, shall within
forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution
of the work, furnish the Principal with a notice that he intends to look to this bond for
protection;
b. Unless claimant, other than one having a direct contract with the Principal, shall within
ninety (90) days after such claimant's performance of the labor or complete delivery of
materials and supplies, deliver to the Principal written notice of the performance of
such labor or delivery of such material and supplies and the nonpayment therefore;
c. After the expiration of one (I) year from the performance of the labor or completion of
delivery of the materials and supplies; it being understood, however, that if any limitation
embodied in this Bond is prohibited by any law controlling the construction hereof such
limitations shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law;
d. Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is situated, or
in the United States District Court for the district in which the project, or any part thereof,
is situated, and not elsewhere.
4. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner
may be compelled to pay because of any lien for labor or materials furnished for any work included
in or provided by said Contract.
126 of 162
5. The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration of or addition to the terms of the Contract or to the work to be performed thereunder
or the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the
Surety hereby waives notice of any such change, extension of time, alterations of or addition to
the terms of the Contract, or to the work or to the Specifications.
6. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide
General Policyholder's rating of " ________ " and Financial Category of "Class
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals,
this ____ day of _________ 2024, AD., the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
WITNESS: If Sole Ownership or Partnership, two (2) Witnesses Required; If Corporation, Secretary
Only will attest and affix seal.
FOR THE CONTRACTOR:
WITNESS:
Secretary
(Affix Corporate Seal)
FOR THE SURETY:
WITNESS:
Name of Corporation
By: ____________ _
Print Name: ____________ _
Title: ______________ _
Agent and Attorney-in-Fact
Print Name: ____________ _
Title: ______________ _
Address: _____________ _
Telephone: ______ _
127 of 162
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _______ ~ certify that I am the Secretary of the Corporation named as Principal in the
within Bond; that ________ who signed the said bond on behalf of the Principal, was then _
______ of said Corporation; that I know his/her signature, and his/her signature hereto is genuine;
and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority
of its governing body.
(Affix Corporate Seal)
Corporate Secretary
In the presence of: Signed, sealed and delivered by:
Witness #I Print Name: __________ _ Print Name: _________ _
Title: ______________ _
Witness #2 Print Name: _______ _ Firm: ___________ _
State of Florida
County of _______ _
Before me, a Notary Public, duly commissioned, qualified and acting, appeared ________ _
___ by means of □ physical presence or □ online notarization who being by me first duly sworn
upon oath, says that s/he is the Attorney-in-Fact, for the ____________ and that s/he
has been authorized by ____________ to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of South Miami, Florida
Sworn and subscribed to before me this ___ day of--------~ 20 __ .
___ Personally known to me; or
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: ______________ _
___ Did take an oath; or
___ Did not take an oath
(Attach Power of Attorney)
128 of 162
END OF DOCUMENT
ll9ofl62
EXHIBIT B
RESTROOM-CONCESSION FACILITY BUILD AT
SOUTH MIAMI PARK
1TB PR2024-07
HYCON INVESTMENTS, LLC
130 of 162
----------------
Wallace, Elisha
From:
Sent:
To:
Cc:
Subject:
Thank you.
Kulick, Steven P.
Friday, August 23, 2024 2:22 PM
Fernando Murzi
Pough, Quentin; Webster, John; Payne, Nkenga; Marco Ramos; Gerardo Murzi;
Antonietta Gaeta; Daniela Rodriguez
RE : Restroom-Concession Facility Build at South Miami Park
From: Fernando Murzi <fernando@hyconbuild.com>
Sent: Friday, August 23, 2024 2:19 PM
To: Kulick, Steven P.<SKulick@southmiamifl.gov>
Cc: Pough, Quentin <QPough@southmiamifl.gov>; Webster, John <JWebster@southmiamifl.gov>; Payne, Nkenga
<NPayne@southmiamifl.gov>; Marco Ramos <mramos@hyconbuild.com>; Gerardo Murzi <gmurzi@hyconbuild.com>;
Antonietta Gaeta <agaeta@hyconbuild.com>; Daniela Rodriguez <drodriguez@hyconbuild.com>
Subject: RE: Restroom-Concession Facility Build at South Miami Park
EMAIL RECEIVED FROM EXTERNAL SOURCE •
My pleasure Mr. Kulic,
Please let me know if you have further questions
Best regards,
FERNANDO MURZI
PRINCIPAL
t.+16174153174
e. ternan..d_Q@by..Q.Qllb.Yild...&.QID
175...S...VY. 7"' Street_Su it~ 1717
Miami FL.-3.3.1.3_0
I x 1 -----------------1 I X
CONFIDENTIALITY NOTICE:
This email and the information contained herein and attachments hereto are legally privileged and confidential
information intended only for the use of the individual or entity named above. If the reader of this email is not the
intended recipient, you are hereby notified that any forwarding, dissemination, use, distribution or copying of this
email, its contents, and/or its attachments, or the taking of any action in reliance on the contents thereof is strictly
prohibited. If you have received this email in error, please immediately notify the sender and delete the email and
any attachments and destroy any tangible manifestation thereof. Thank you.
1
131 of 162
From: Kulick, Steven P.<SKulick@southmiamifl.gov>
Sent: Friday, August 23, 2024 2:09 PM
To: Fernando Murzi <fernando@hyconbuild .com>
Cc: Pough, Quentin <QPough@southmiamifl.gov>; Webster, John <JWebster@southmiamifl .gov>; Payne, Nkenga
<NPayne@southmiamifl.gov>; Marco Ramos <mramos@hyconbui ld .com>; Gerardo Murzi <gmurzi@hycon build.com>;
Antonietta Gaeta <agaeta@hyconbuild .com>; Daniela Rodriguez <drodri guez @h ycon b uil d .com >
Subject: RE: Restroom-Concession Facility Build at South Miami Park
Thank you.
From: Fernando Murzi <fernando@hyconbuild.com>
Sent: Friday, August 23, 2024 1:54 PM
To: Kulick, Steven P.<SKulick@southmiamifl .gov>
Cc: Pough, Quentin <QPough@southmiamifl.gov>; Webster, John <JWebster @so uthmi amifl.gov >; Payne, Nkenga
<NPayne@southmiamifl.gov>; Marco Ramos <mramos@hyconbuil d.com>; Gerardo Murzi <gm urzi@hyconbu ild.com>;
Antonietta Gaeta <agaeta@hyconbuild.com>; Daniela Rodriguez <drodriguez@hyconb ui ld .c o m>
Subject: RE: Restroom-Concession Facility Build at South Miami Park
EMAIL RECEIVED FROM EXTERNAL SOURCE • •
Mr Kulic,
After contacting the drafter/surveyor I regularly use, please see the response below the
responses
Thank you,
FERNANDO MURZI
PRINCIPAL
t. +J 6174153174
e. teillillli,lQ.@.mt.._c o [lbJJlli:Lc Q.!Il
17.5 sw 7th Strnfil..fu!.i.NW..Z
Mia_mi_FL,-3.31..3_0
! 1 XI ---··------··· I X
CONFIDENTIALITY NOTICE:
This email and the information contained herein and attachments hereto are legally privileged and confidential
information intended only for the use of the individual or entity named above. If the reader of this email is not the
intended recipient, you are hereby notified that any forwarding, dissemination, use, distribution or copying of this
email, its contents, and/or its attachments, or the taking of any action in reliance on the contents thereof is strictly
prohibited. If you have received this email in error, please immediately notify the sender and delete the email and
any attachments and destroy any tangible manifestation thereof. Thank you.
2
132 of 162
From: Kulick, Steven P.<SKulick@southmiamifl .gov>
Sent: Thursday, August 22, 2024 2:43 PM
To: Fernando Murzi <fernando@hyconbuild .com>
Cc: Pough, Quentin <QPough@southmiamifl .gov>; Webster, John <JWebster@southmiamifl.gov>; Payne, Nkenga
<NPayne@southmiamifl .gov>
Subject: RE: Restroom-Concession Facility Build at South Miami Park
Fernando,
Regarding permit fees, this was further clarified in Addendum No. 3, copy attached, the
Response to Question #5 and in Addendum No. 2 where a Revised Schedule of Values was
provided and, an allowance for Permit Fees of $10,000 was included.
The line for As-builts, is for the ENTIRE project not just for the water extension.
Therefore, please include the allowance for Permit Fees, ($10,000} and the fee for As-builts: $
15,000 and re-confirm your:
Total Base Bid Amount:$ _2,133,827.76_
Total Alternate Bid Amount: $_2,155,599.66_
Please advise by 2:00 PM Friday, August 23, 2024
Thank you,
Steven Kulick, CPM
Chief Procurement Officer
Direct: 305-663-6339
City of South Miami
6130 Sunset Drive, South Miami, FL 33143
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Download the SoMi Connect App: ~ I Google Play
Under Florida law, e-mails are public records. If you do not want your e-mail address released in response lo a public records request, do not send
electronic mail to this entity. Instead, contact City Hall by phone or in writing .
3
133 of 162
From: Fernando Murzi <fe rnando @hyconbuild.com>
Sent: Wednesday, August 14, 2024 6:06 PM
To: Kulick, Steven P.<SKuli ck @southmiamifl .g ov>
Cc: Pough, Quentin <QPoug h@southmiamifl .g ov>; Webster, John <JWebster@southmiamifl.gov >; Payne, Nkenga
<NPayne@southm iamifl.gov>
Subject: RE: Restroom-Concession Facility Build at South Miami Park
EMAIL RECEIVED FROM EXTERNAL SOURCE
Good afternoon Mr. Kulic,
Please see responses below in Blue letter.
Thank you,
FERNANDO MURZI
PRINCIPAL
t. +1 61 7 415 31.lA
e. temaodo@hyconbuild.com
125 SW 7th Street Suite 1717.
.Mla mLEU3J..3.Q
, v I ----------·-··-
!.::J
I xJ --------------1 X
CONFIDENTIALITY NOTICE:
This email and the information contained herein and attachments hereto are legally privileged and confidential
information intended only for the use of the individual or entity named above. If the reader of this email is not the
intended recipient, you are hereby notified that any forwarding, dissemination, use, distribution or copying of this
email, its contents, and/or its attachments, or the taking of any action in reliance on the contents thereof is strictly
prohibited. If you have received this email in error, please immediately notify the sender and delete the email and
any attachments and destroy any tangible manifestation thereof. Thank you.
From: Kulick, Steven P.<Sl<u lick @so uthmi amifl .g ov>
Sent: Tuesday, August 13, 2024 4:22 PM
To: Fernando Murzi <fernand o @hyconbui ld.com>
Cc: Pough, Quentin <QPough@ southmiamifl .g ov>; Webster, John <JWebster@southmiami fl.gov>; Payne, Nkenga
<NPayne@southmi am ifl.gov>
Subject: Restroom -Con cess ion Facility Build at South Miami Park
Re: 1TB #PR2024-07
Good afternoon,
4
134 of 162
The City has received your proposal for 1TB #PR2024-07 and during our review of your
proposal we have the following questions:
• Could you please clarify why the permit and fees allowance was removed from the bid
price?
According to the 1TB document page 18 last paragraph of point 3.1 "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". We didn't add the cost because of this comment. We are
aware of the other Miami Dade permits expenses due to the water extension we have
do> however, for us is very hard to predict this number.
• Could you explain why there is no price included for as-builts? The City expects as-builts
to be provided with each pay application and upon project completion.
We included the water extension as-built upon project completion. Not for each payment
application.
• Please confirm that the bid price for Division 9 Finishes -Walls: Stucco is $44,062.60 and
that the bid price for Division 9 Finishes -Walls: Fiber Cement is $54,834.50. Therefore,
the alternate bid price is $10,771.90 higher than the base bid, bringing the total to
$2,119,599.66.
Confirmed
The above questions are to assist the City to better understand your proposal and are not
meant as an opportunity to revise or change the submitted bid price.
The Cone of Silence is in effect. All communication relating to this solicitation must be writing.
Please respond by 10 AM, Thursday, August 15, 2024.
Thank you,
Steven Kulick, CPM
Chief Procurement Officer
Direct: 305-663-6339
City of South Miami
6130 Sunset Drive, South Miami, FL 33143
5
135 of 162
TI ii C IIY (JI l'I ,.,,.,,r 11v1,t
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Download the SoMi Connect App: ~ I Google Play
Under Florida law, e-mails are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact City Hall by phone or in writing .
6
136 of 162
~-
HYCON INVESTMENTS LLC
I I '/ C 0 175SW 17THSTREETSUJTE 1717 I MIAMI. FL 3130
DATE 8/212024
Estimator. A.Gaeta
CGC1526822 Estimate# 24-37
I SOUTH MIAMI RESTROOM & CONCESSION
CITY OF SOUTH MIAMI
4300 SW 58TH AVE, SOUTH MIAMI, FL 33143
~ (Ai:~.:: ..... .. ,..... .,,_:-f:.>~~-,
,, .. _.,_~-;-:-,-,':'~,-· ·; ---. . --~. ~t!J."·
1 General Conditions S 659,475.20 31 .2 7%
2 SlloClvllWor1t 0.00%
Earthwork $ 14,712.50 0.10•1.
PavlnA $ 2,375.40 0.11'Y,
Sito UtlUUes s 1n,020.oo 8.39'/4
Lendsceoa and lrr laation $ 21,649.31 1.03%
3 Concrote $ 142,128.00 6.74'.4
4 Manaorv Included
5 Stcol / Metals lnctuded
6 Wood and Plastics Included
7 Molsturo Protection $ 39,911 .00 1.89o/,
8 Doors s 15,651.33 0.1•~~
8 Windows $ 1,418.72 o.o,,,.
9 Flnlshos $ 144181,56 6.84·/4
10 Speclaltios $ 33,920.78 1,61%
11 Equipment $ 15,729.00 0.75%
12 Fumlohlngs Included (O lher 4)
15 Mochanlcal 0,00%
HVAC $ 22,769.60 1.08%
Fin> Protoctlon Included (O lher 1)
Plumblna $ 192,703.79 9.14'.4
16 Ektctrlca l $ 163,333.33 7.75'Y,
31 Earthwork $ 1,605.00 0,08%
32 Extorior lmorovomonts $ 151,913.25 7.20o/,
33 Sho Utlihloo $ 304,050.00 14.42 %
40 Process lntogration $ 4,280.00 0.20%
Grand Total (Baso Bid Pt1col $ 2 ,108,827.76 100.00'Y.
Gross An>a (SF} $/SF
Grand TotoJ (Baoo Bid Prlco) S 2, 119.599 .6 8
Gross Aroa SF $/SF
137 of 162
-·--..... ,•1;_-._~,1 ;:;_ j
• ' ' . ;~:~ :·lt!l"~ ..
2 SITE WORK
SITE DEMOLITION
EARTHWORK
Building Pad INCLUDED
Fine Grade and Compact Building Area s 13 ,910.00
Tennito Treatment s 802.50
EARTHWORK sue TOTAL s 14,712.50
PAVING
Concrete Paths s 2,375.40
PAVING SUB TOTAL s 2,375.40
SITE UTILITIES
Domeslic Waler INCLUDED (Site Utiities)
Tie in Existing • Valve s 21,400.00
PVC Laterals INCLUDED (Sile Utiities)
Sanitary Sower UlifaOes s 153,010.00
Fence 97.57 LF $ 2,610.00
SITE UTILITIES SUB TOTAL s 177,020,00
LANDSCAPE -IRRIGATION
Irrigation (Repair allowance) s 5.885.00
Sod (St. Augusl ino) $ 15,764.Jt
Trees and Shrubs INCLUDED (Sod)
LANDSCAPE •IRRIGATION SUB TOTAL s 21,649.31
•_:_~~;~:-·, '·.~. ~£·,;:,¥'}''. .. . ' lJ•.,;, .. ; m'lfl:ltil •. .., ... -"-
3 CONCRETE
Vapor retarder ((rm Div 7) INCLUDED (Total Conetete)
Foundations INCLUDED (Total Cooetete)
Slab on Gmdo -4 • INCLUDED (Total Conetete)
CMU INCLUDED (Tota l Concrete)
Conctele Roof I Joists INC LUDED (Total Conc,ete)
Total Concrete s 142,128.00
~~-:v:;,.:,).;. •' . . f",,,-;: '_.::. ' ::,;; 1~· ..... "· :~,: ... .:.. :~_.,_, ";;,· .. -,_.;;r: .. r:;.:: ..-;-._!· :.nit;ji. ... , :■I I
4MASONRY
1a::...~.~•A•~ INCLUDED [fotal Conetete) . . ~,h~'!J ..;.i,.--n-~-\' .• ·"'';~~ i.:~..lf' ... -~ •'•!"'I~. -n, ~,._~•l t'.
5 METAL
Structural Stool Columns INCLUDED [fatal Conc,ete)
.-:, :'111' ~·~·;.,[_ ;!~~ = . 1,,,. '· ,. ,~•,.JrJ rr_r; J 1:.1,~ ::;:i; _::··. ',_. (I;~.,~-'_.:,..."' , .>;:~·r-E :.!'.~,,: il';''.lf;:,J'O'.
6WOOD
Rough Carpenlry INCLUDED [fotal Conc,ete)
~ . T~! -r;J<• " .... , ...... ::i , • . ... , 1:.1' ,·.-r·.·.n-~ ,1 ·:, ~•\;-<i 1.,-.·:/ ,,....,, ·:>.i:11·;,c· .•. R ~-::,._,~,!,:_-,:~. D
7 MOISTURE/ THERMAL PROTECTION
Oamproofing INCLUDED (Bu ikling Insulation)
Vapo, retarder INCLUDED {Building Insulation)
Bui lding Insulation s 4,387.00
Exterior wall• rigid bcf INCLUDED (Building lnsuLalion)
Sound attenuation batl INCLUDED (Building Insulation )
Fial Roofing s 32 ,100.00
Fl85hing & Sheel Metal (SST) l'ICLUDED (Roof)
Roof Cents INCLUDED (Roof)
Downspouts s 3.424 .00
Joint Sealers INCLUDED (Roof)
li':''.9:r~·:·,~ ,MOISTVRE/11tERMAL'PROTE CTioN TOT AL f c....,'1.-~"''-'.'. f.::7. ~:: '~ ~: ;"(7"'.ftS:~ rs~11,oo i
8 DOORS
Doors and Frames (HM)• NOA 9,413.33
Roll up Coors with NOA 6,238.00
138 of 162
9 FINISHES
WALLS
Stucco 44,062.60
FLOORS
Sealed Concrete NOT INCLUOEO
Special Conc,ete NOT INCLUDED
Floor Tile 837.00 SF s 17,597.19
CER.INGS
Acoustical Panol Ceilings 400,00 SF s 34,539.60
Hard Ceilings I Soffits 400.00 SF INCLUDED
Exposed 50.00 SF INCLUDED {Concrclo}
WALL COVERINGS
Wall Tile and Base 1506,00 SF s 38,245.17
Extarior Paint 1965.00 SF $ 5,457.00
SF $ 4,280.00
Fire Exlinguishers EA s 734.99
Fire Extinguisher Gab. EA INCLUDED
Identifying Devices (Signs) EA 5,341.8\
T oilel Par1ilions 9.947,79
Regular Compartmenls 4 EA INCLUDED (Toilal Partitions)
Urinal Screens EA INCLUDED (Toilet Partitions)
Toilet Accesofios 11,529.68
Paper Towel Dryer 14 EA INCLUDED (Toilet AtC0$0ries) (D•F•K•L)
Toilet Tissuo Dispenser 4 EA INCLUDED (Toilet Accesories) C
42• grab bars 2 EA INCLUDED (To ilet Accesories) A
36" grab bars 2 EA INCLUDED (Toilet Accesori es) B
MirTO r 4 EA INCLUDED (Toifet Accesories} E
Soap Dispensers 3 EA INCLUDED (Tollel Accesories) J
Baby-Changing Tabla 2 EA INCLUDED (Toilet Accesorios) H
Built-in Concessions Counler & Shelving 6 EA s 6,366.50
SPECIAL TIES I BUILT-INS TO~
FOOD PREPARATION s 15,729.00
INCLUDED (Total Equipment)
Microwave Oven (Model N": WWl31017AS) INCLUDED (Total Equipment)
Holdog RoUer (Model N": RDB24SS) INCLUDED (Tolal Equipmonl)
Food Wanner (Model N": GRFFB) INCLUDED (Total Equiprnenl)
Refrigimtor (Model N•. VSR-2) INCLUDED (Total Equipmenl)
Ice Maker (Model N": MIM 100) INCLUDED (Total Equipment)
Colton Candy (FTI OOOCC-P) INCLUDED (Tolal Equipmonl)
Ice Croom Freezer (TFM-51 FL BK) INCLUDED (Tolal Equipment)
EQUIPMEl'll' SUB TOTAL s 15,729.00
15 MECHANICAL
Mobtllzation I Shops / Bonds INCLUDED (Total Mechanical)
Ductwork w. Insulation INCLUDED (Tolal Mechanical)
2.0 Ton Mini Sp~I INCLUDED (Total Mochanical)
EJ1hauSI fans INCLUDED (Tolal Mechanical)
AJC gril/os INCLUDED (Tolal Mechanlcel)
Misc. Suppor1s, accesories INCLUDED (Total Mechanical)
Louvers INCLUDED (Total Mechanical)
Test I Bal INCLUDED (Total Mechanical)
MECHANICAL SUB TOTAL s 22,769.60
frf-7"~~~?~,:_,~-"MECHANICAL TOTAL [_~ ~~~~1 [$~ 38 :4~8 ~
1& PLUMBING
Mobilization I Shops / Bonds INCLUDED (Total Plumbing)
Water Closet 4 EA INCLUDED (Total Plumbing)
Urinals 2 EA INCLUDED (Total Plumbing)
Lavs 4 EA $ 20,251.89
drinking Founta ins • hi-lo 1 EA s 3,964.35
Janitor 1 EA INCLUDED (Total Plumbing)
Shower INCLUDED (Total Plumbing)
WaterHlrs 1 EA s 6511,05
Piping Plumbing s 167.829.50
Grease Imp/ Separator/ SampUng port INCLUDED (Total Plumbing)
Dryweli INCLUDED (Total Plumbing) ......... ........ • . ~ ' . ;--~·,; ·.,.·. .... :·· -,,,. •. · :•;• ,-.~r .. a \ ·::a '
139 of 162
16 ELECTRICAL
Mobilization I Shops / Bonds
Site Electfical Duci Bank
Site Communications
Panelboards, feeders, transformers
Oullets
Lighting
Telephone (empty conduit)
Intrusion detection
Lightn ing Prolection
Grounding
31 EARTHWORKS
Clearing and Grubbing
Removal of Concrete Type O Curb
Subsoil Escavallon
Optional Base, Base group
Milling Exisling Asphan Pavemenl , 1'" Avg Deplh
Superpavo Asphalllc Concrete, Traffic C, PG76•22
Inlets. OT , BOT , Typa C, JBOT , <10
French Dra in. 18'"
Concrete Curb, Type D
Concrole Sidewalk, 4'" Thick
Detectable Warnings
Performance Turf. Sod
Signing and Pavement Markings
33 SITE UTILITIES
Utility Pipe, Plug , & Out of Se,v, s·
Utiity Pipe , Remove & Dispose, 6'"
Utility Pipe Poly Vinyl Chk>ride. Furnish and lnslall, s·
Sanilary Sewer Cleanoul, s· PVC,Furnish and _,slall
Ulitity Pipo HOPE . Fumish, and Install 1.5•
UIHity Pipe HOPE, Fumlsh, and lnslall 2"
Furnish, and lnslall 3/4'" hosoblb
Uli~ty Pipe Ouclile Iron, Furnish, and tnslall. 4'"
Utility Oodi\o Iron. Furnish. lnslaU, &•
Ulllity Ouclile ton. Fumish , Install. e•
Utility filling. Elbow. Furnish. and Install 4.
Ulility filling. Elbow, Furnish. and Installs·
Utility f illing. Elbow. Fumlsh. and lnslall 8'"
Utility fitting. Tee . Fum ish, end Install e·
Ulility FIiiing, Cap . Furnish , and lnsta U. 6'"
Ulility Fitting, Cap, furnish, and Install. e•
Utility Fixture, Furnish and lnslall Line Slop Assmebty, 6"'
Ulilily fixture, Fum lsh and Install Oual Meter Box 2·
Utility Flxlure . Furnish and Install Corp Stop 1.s•
Ulility Fixture. Furn ish and Install Tapping Saddlo 4•
Utility Fixture , Fumish and Install Tapping Saddles•
Uutity Fixture. Fum lsh and Install Tapping Saddles·
UIOily Fixlure, Furnish and Install Votve Assembly 4•
Utility Fixture, Furnish and Install Valve Assembly s·
Util ity Fixture , Furnish and Install Valve Assembly s·
Uti5 ty fixluro, Fumlsh end Install Blowoff Assembly 2·
Utili ty Fixture, Furnish and lnslall Sample Poi nte·
Ult Stalion everything inside tho fence lncllding Fo,cemain. fitting
a.,d appurtenance up to the co...nection point (Includes fence .
electrical, structural). Includes all work up lo point of connection .
Fire Hydranls
Fire Hydranl , Remove
Utility FUdure , Furnish and lnslall AJr Release Valve
40 PROCESS INTEGRATION
INCLUDED (Total Electrical)
INCLUDED (Tolal Electrical)
INCLUDED (Total Electrical)
INCLUDED (Total Electrical)
INC LUDED (Total Elecirical)
INCLUDED (Tolal Elecirical)
INCLUD ED (Total Electrical)
INCLUDED (Total Electrical)
INCLUDED (Asphalt)
66,340.00
INCLUDED (French Drain)
71,155.00
1,578.25
EXCLUDED
EXCLUDED
INCLUDED (Landscape)
INCLUDED (Sile Uliilies)
INCLUDED (Sile Utilities)
INCLUDED (Sile Utilities)
INC LUDED (Sile Ut ilities)
INCLUDED (Sile Utilities)
INC LUDED (Sile Uli6ties)
INCLUDED (Site Utiities)
INCLUDED (Silo u,rnties)
INCLUDED (Sile Utilties)
INCLUDED (Site UliUies)
INCLUDED (Site Utilities)
INCLUDED (S ile Uti lities)
INCLUDED (Sile Uhl~ies)
INCLUDED (Site Utililics}
INCLUDED (Site Ultlilles)
INCLUDED (Sile Utllilies)
INCLUDED (Sile Ut ilities)
INCLUDED (S ile Utilities)
INCLUDE D (Sile Ulililies)
INCLUDED (Site Utilities)
INC LUDED (Sile Ulilitles)
INCLUDED (Sile Ulilities)
INCLUDED (Site Utilities)
INCLUDED (Sile Ulitilies)
INCLUDED (Site Utlltles)
INCLUDED (Sile Uti fr lies)
INCLUDED (Site Utilities)
lNCLUOEO (Sito UliMios)
140 of 162
GENERAL CONDITIONS
Genera l Conditions and requireme nts s 309 ,764 .0 0
Ma lnatenace of Traffic s 29.960.00
Mob iUzation {Max 3%) / Demoblllzal!on (Min 2%) s 72 ,467 .63
Permits and Fees NOT INCLUDED
As-buills
CM Fee(7 %) s 101 ,454 .68
OLPD s 29.700 .00
BuHders Risk s 24 .300 .00
P&P Bond s 52 .650.00
Olhor 1 • Fi'e alann s 27.405.00
Oltier 2 -Waterproofing s 9,523.69
Other 3 • Handrail s 1,500 .00
Other 4 -Window Shades s 750.00
~::-J:, .:::~A~~!Ol_A_i] -'"'-~--~--'--~ }'~~:m~
f·. :,. :~ :. =-=.,_,_ ., .;,, . • ,GR~~roiilL'"isii~E s10 PR1ci1 il~-i-i.~ •.. -,;.,.-• i,,!;,~ -~---:_: ~..ie: .. ~ -.:.!!-__:_-.:, .. ~ ~-i!l~-'!,,:~..:}.;l;~~:il
NOTES
1.BID PRICES STATED IN THE PROPOSAL INCLUDE ALL COSTS AND EXPENSES FOR LABOR, EQUIPMENT, MATERIALS. CONTRACTOR'S OVERHEAD . PROFIT . BONO
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 DISTUREO ELEMENTS AND SURFACE AREA DUE
TO CONSTRUCTION ACTIVITIES AND DISPOSAL OF All DEBRIS AND MATERIAL OFF-SITE .
2. THE CONTRACTOR SHALL use THESE ITEMS TO WRITE DOWN THE ALL OF THE COSTS, EXPENSES, LABOR , MATERIAL, EQUIPMENT OR ANY OTHER COSTS NOi
ALREADY COVERED BY THE SCHEDULE OF VALUES BUT NEEDED TO COMPLE IE THE WORK . AS ENVISIONED AND INTENDED IN THE CONTRACT DOCUMENTS
CONTRACTOR SHALL PROVIDE A NARRATIVE OF WHAT ITEMS ARE BEING COVERED UNDER THIS ITEM .
3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PERFORMING ITS OWN QUAN I TY TAKE OFF . IN THE EVENT THAT THE CONTRACTOR DETERMINES ADDITIONA L
QUANTITIES ARE NEEDED. THE CONTRACTOR SHALL AOJUSTTHE UNIT PRICE OF CLOSEST BID ITEMS SUCH THAT THE BIO PRICE REPRESENTS THE ACTUAL COST
OF CONSTRUCTION.
4. THIS SCHEDULE OF VALUES IS PART OF A SET OF CONSTRUCTION DOCUMENTS. THE GRAND TOTAL (BASE BID PRICE) SHALL MEAN THE PRICE TO COMPLETE
THE WORK AS ENVISIONED BY THE CONTRACT DOCUMENTS IN THEIR ENTIRETY .
5. THE GRAND TOTAL (ALTERNATE BID PRICE) SHALL MEAN THE AGGREGATE SUM OF All BID ITEMS INCLUDED IN THE BASE BID (EXCEPT FOR THE STUCCO WALL
FINISH) PLUS ALL BID ITEMS INCLUDED IN THE ALTERNATE BID.
141 of 162
SUBMITTED THIS
BID SUBMITTED BY:
02
Hycon Investments LLC ./
Company I
Fernando Murzi
.·,. !
Name of Person Aut~~_!.Q$ubjit Bid
•·L,...-, _-::,.
Signature
Principal
Title
DAY OF August 20 24. ---------
44 of 91
142 of 162
61 7 -415-317 4
Telephone Number
617-415-3174
Fax Number
fernando@hyconbuild.com
Email Address
FORM I
BID FORM PACKAGE ~CKNOWLEDGEMENTS (CONTUNUEID)
HYCON INVESTMENTS, LLC 1
1'
NAME OF BIDDER FIRM ::::::::::::::: ~--_. 7
SIGNATURE OF BIDDER
Fernando Murzi -Principal / License qualifier
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
175 Sw 7th Street Suite 1717, Miami, FL 33130
~ 415-3174
TELEPHONE NUMBER
State of Florida
County of Miami -Dade
The f?re~oing i~strument was ackn~wl.e~:ed before me by means of __ e,hy~ical presence ~r online
notarization, this _Q!_ day of ~qty_· ·l \. . .-1-,·~ \ , 20 24, by •i l ~ k. A\\,\). \ h,17;? I
(name of person) as -,,f1 Is{ 1\'/\/ • (type of authority) for l·\Y( '-·w
___ (name of party on behalf of whom instrument is executed).
I
N otary Public (Print,IStamf,, or Type as
/ Commissioned)
., Personally known to me; or
___ Produced identification (Type of Identification: _______________ )
___ Did take an oath; or
___ Did not take an oath
◄ A Notary Publlc State or Florida , ' _A_ Enrique Ignacio GIi
' IUiMIIIIIJ.l!m My Commission HH 527910
◄ Expires 5/15/2028
22 of 91
143 of 162
FORM 2B
BIDDER'S CERTIFICATION
(if Partnership)
CERTIFICATE
ST A TE OF Florida }
COUNTY OF \l11/1 I ,1 l '\ '1A Ot~·
} ss
)
I HEREBY CERTIFY that a meeting of the Partners of --l-/J._'.;._/ _(_: __ I'_,., ___ _ ________________________________ ,a
partnership existing under the laws of the State of ·1 I(.... ,l! I\)/.\ , held on Jc l.. J l, ';, / • 202~. the following resolution was duly passed and adopted:
I l(j(.,.-f
"RESOLVED. that [I-Ll\,/i Iv .J~ /-t1.., ,N. I
as : 'l '; A, t 1 / /4 i. of the Partnership,
be and is hereby authorized to execute the Bid dated L., -11 l U 1, '> / , 2024. to the City of South Miami
for 1TB No. PR2024-07 "RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI
PARK" from this partnership and that his execution of thereof, attested by the shall be the official act
and deed of this Partnership."
(SEAL}
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
/ / />t. I / I '/// '1/'. , . / .·, / ,( ' , •• J/ ( [' i' ...... , /
J I Secretary ,/ /
A Nolary Public Stato of Florlda
.R!l'll,. Enrique lgnaclo GIi llml'miWffl My Commission HH 527910
Expires 5/16/2028
24 of 91
144 of 162
FORMJ
SINGLE EXECUTION AFFIDAVITS
THIS FORM M~s-r; BE s•~NEQ. ~~D ~wo~N~:T.Q •~.TtfJ; P.BE~~~~~ ol ~•~QT..~~t F.',Y,~qc ,
OR OTHER OFFICIAL AUTHORIZED ·To AD MINISTER O.A Tl-IS,
THIS FORM COMBINES SEVERAL AFFIDAV8T 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 AffDDAVBT STATEMENTS, THE
BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND BS NOT ELIGIBLE
TO SUBMIT A 810/81D. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED
TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE:
By: Fernando Murzi
For (Name of Proposing or Bidding Entity): Hycon Investments, LLC
Whose business address is: 175 SW 7th Street Suite 1717, Miami FL 33130
And (if applicabl~),.it;s Fec!era(,ErQplc;,y~r.ldentifkation .f>lumbe r,,(FEI~), is: _N_/_A __ _
(if the entity does not have ai:i FEIN, include the Social Security Number of the individual signing this sworn
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.
o 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.
o The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section
553.501-5S3.513, Florida Statutes:
o The Rehabilitation Act of I 973, 229 USC Section 794;
o The Federal Transit Act, as amended 49 USC Section 1612;
o The Fair Housing Act as amended 42 USC Section 3601-3631. -.--f-,, --
Bidder Initials
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Public Entity Crimes Affidavit
I understand that a "public entity crime" as defined in Paragraph 287. I 33(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( 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 fade 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.)
00 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.
0 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.
0 The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida
. Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that
26 of91
146 of 162
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.
9--·-
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.
Tr-----
Bidder Initials
Business Entity Affidavit
Bidder hereby recognizes and certifies that no elected official, board member, or employee of the City of
South Miami {the " City") shall have a financial interest directly or indirectly in this transaction or any
compensation to be paid under or through this transaction, and further, that no City employee, nor any
elected or appointed officer {including City board members) of the City, nor any spouse. parent or child
of such employee or elected or appointed officer of the City, may be a partner, officer, director or
proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer,
or the spouse. parent or child of any of them, alone or in combination, may have a material interest in the
Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total
assets or capital stock of the Bidder. Any exception to these above described restrictions must be
expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder
recognizes that with respect to this transaction or bid, if any Bidder violates or is a party to a violation of
the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-1 1.1, as
applicable to City, or the provisions of Chapter 112, part Ill, Fla. Stat., the Code of Ethics for Public
Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which
the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for
goods or services to City.
:::r I·-
Bidder Initials
Anti-Collusion Affidavit
I. Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed
respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances
respecting the Bid/Bid;
27 of 91
147 of 162
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 co 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
8. 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.
9. 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.
I 0. 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
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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
1TB 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 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.)
00 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. f .
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 blacl<list, 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. PR2023-I 7 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the City Commission or City Manager, as applicable.
4. Contractor warrants that all information provided by it in connection with this Bid is true and
accurate.
Bidder Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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I
In the pr~sence ~f:
/ /
Slgnefii_'._Jef !d ~.nd--delivered by:
/,1//((_ Ct l ' /
rint Name: ( /._.'f.:/l. -.{. Print N;t"!e:. r · i.::..I~' 11 J , ("
Title: 1 I,· 1 -1
ACKNOWLEDGMENT
Stace of Florida
County of h I II l-) I {1/-11 t
The foregoing inscrl!'~~nt was ackrwwledged before me by means of~ p~ sic~I presence or_ online
notarization, this ~ day of /-IL·<-·,..,,·,+ . 20 ...,l/. by { ... ';,' /1., h ~ II.., /2. t I
(name of person) as ,'"'3/:/A1U('!JL • (type ofauthority) for I Jy(, •A.
___ (name of party on behalf of whom instrument is executed). / {_r-, I
{(<.(,u,. . I
N otary Public (Pjint, S~fup, or Type as
Commissioned)
___ Personally known to me; or
___ Produced identification (Type of Identification: ________________ }
___ Did take an oath; or
___ Did not take an oath
, Iii.It-. Norary Public State of Florida
~-Enrique Ignacio GIi 1 ◄ IWIIIIIIYWJ My Commission HH 527910
Expires s11,1202s ,
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FORM4
DISPUTE DISCLOSURE
Answer the following questions by placing an "X" after "Yes" or "No". If you answer "Yes",
please explain in the space provided, or on a separate sheet attached to this form.
I. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES ____ NO __ X __ _
2. Has your firm, or any member of your firm, been declared in default. terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
YES ____ NO __ X __
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES ____ NO __ X __
If yes, state the nature of the request for equitable adjustment. contract claim, litigation, or protest, and
state a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Bid or Bid for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of Miami -Dade
The f~re?oing i~str~~ent was acknpwle~ged before me by m~ans of ~~17sical pres,ence or p ,~n~ine
notarization, this ..LL day of .· lLt,,V-'· ! , 20~. by -~ :; (1k ,.-1,v '\. hv Lr/
(name of person) as ,'/:./AH .. ; 11/-ll: (type of authority) for/-/ )-1l _,l]
___ (name of party on behalf of whom instrument is executed).
Notary Public (Print. St,amp, or T ~e as
Commissioned)
___ Personally known to me; or
___ Produced identification (Type of Identification: ____________ _
___ Did take an oath; or
___ Did not take an oath
• Notary Public Stoto of Florida
c ~ Enrique lgnaclo GIi
liWYllllllml My Commloslon HH 527910
' Expires 5/16/2028 ~
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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 19160-192 I 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: Hycon Investments, LLC
Date: 08/01/2024
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By: Fernando Murzi
Signature of Authorized Representative
i r ,v,t, ',•✓ ,.,,1 1·,f . ,: r::_ ( I ' \ .:.1 V l I p·\
Name aricfTitle,..~f ~'17~d Representative
' ) I I ,, ; I
I i f I
J I I . ----7+/+-/)
.. / l· .
I
i
153 of 162
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 "NIA".
Hycon Investments, LLC
Firm Name
175 Sw 7th Street Suite 1717, Miami FL 33130
Principal Business Address
(617) 415-3174
Telephone Number
fernando@hyconbuild.com
Email Address
81-1722479
Federal I.D. No. or Social Security Number
License Number: CGC1526822 / Certificate Number: Fl239983
Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
NIA
Facsimile Number
How many years has the firm has been in business under its current name and ownershipl 8 years
Please identify the Finn's document number with the Florida Division of Corporations and date the Firm
registered/filed to conduct business in the State of Florida:
L16000021851 02/01/2016
Document Number Date Filed
Please • identify the Ar"''s. ~~9ry.,with . the Florid?, r;>epaftqten~:,of Busloe~ ._Pr~fessiooal , l~egl~latjon
(DBPR)/DBP.R:111:=ense: nul!ib'i!)v , "!'~ 'dat•(l!i::ense~ bY.~P.BPR:
Construction Industry CGC1526822 August 31, 2024
Category license No. Date Licensed
Please indicate the type of entity form of the Finn (if other, please describe):
o Individual o Partnership o Corporation oo LLC o LLP o Other __________ _
'\
Please identify the Firm's primary business: ( -~ •r . \ r. ,\ Cv V' P.Jr,.J I) \1-.'
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Please identify the number of continuous years your Firm has performed its primary business: _§_years
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 entitv that issued the license or certification:
License/Certification Name of Entity Issuing License No. License. l_ssuance. D~te
Type License or Certification
License State of Florida CGC1526822
Certification State of Florida FL239983 01/12/2024
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm: NIA
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
siE:ninE: authority:
Authorized Signor's Name Title Signing A~thority_;Thre_s.hold
(At1,·cost up·to $X-Amount. No Cost, Other)
Fernando Murzi Principal
Gerardo Murzi Principal
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades employees by trade (e .E:., 20 electricians, 5 laborers, etc.):
Total No. of Employees 11
Total No. of Managerial/ Administrative
Employees
Total No. ofTrades ·Emolovees bvTrade
INSURANCE INFORMATION
Please provide the following information about the Firm's insurance company:
James River Insurance Company Certificate Department
Insurance Carrier Name
225 E Dania Beach Blvd Ste 120 954-363-2082
Insurance Carrier Contact Person
certs@beiagency.com
Insurance Carrier Address Telephone No. Email
H~ th~_f;imj 'fll~cf •aoy.\inst.iranc~ .·clairns JJ);~e: las~:.frv~ (Sr yearsl □ 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 •
Fernando Murzi Princi al
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-•-.. ---··-------------
Gerardo Murzi Principal 50%
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.
I I • ' • -')
firm: __ ·_7 ___ 0_·_v_-__ l._v_'l...,1-~':J..,_(/\_,_.,.._,_L_''-~_,_, _L.;_L ___________________ _
//,)
Authorized Signature: ___ b_·.r.-','---------
Print or Type Name: __ t _i·_'--'"--"-''·_,l_1 __ l·_"_,_11
_._~' __ _
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Date: -~-• ~ ... -... /_°/_' :_,_.,_' _·, _\_'_/_. __
) I I
Title: _l'_L_.~_-· i_<_::.-1-,L_:,_./_
FORMS
REFERENCE LIST
IN ADDIT I ON TO THE INFORMATION REQUIRED ON THIS FORM,
BIDDER SH ALL P ROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #I
Public Entity Name: Newmark (Private Company)
Reference Contact Person/Title/Department: ___;;C'--"a'""rl.,_y....;:S--u--'-'tt"'--o~n,._D_i __ re'--'c'-'-to"-'r ___________ _
Contact Number & Email (0): 312.224.3125 I (M): 402.305.4573 carly.sutton@nmrk.com
Public Entity Size/Number of Residents/Square Mileage:_N_/_A ______________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) _P_ro_je_c_t:_K_n_o_te_l _________________ _
Event Start: October 2023 I Event Completion: June 2024
Interior office space entire buildout 20,000 SF
Project Value:$ 3,015,000.00
Is the Contract still Active? Yes ___ No X
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REFERENCE #2
Public Entity Name: Swire Properties (Private Company)
Reference Contact Person/Title/Department: Cesar Richards, Senior Tenant Coordinator
Contact Number & Email T: (305) 371-3877 / crichards@swireprops.com
Public Entity Size/Number of Residents/Square Mileage:_N_/A ______________ _
Event{s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) __ P_ro_1_e_ct_: _T_h_e_S_c_a_p_e_G_a_m_e ______________ _
Event Start: October 2023 / Event Completion: February 2024
Interior Retail space entire buildout 8500 SF
Project Value: $ 650,000.00
ls the Contract still Active? Yes ___ No __ X __
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REFERENCE #3
Public Entity Name: __ s_o_c_ta_in_e_r_(_P_ri_va_t_e_C_o_m_p_a_n_y_) _____________ _
Pedro Arias Reference Contact Personfritle/Department: ___________________ _
Contact Number & Email p.arias@soctainer.com
Public Entity Size/Number of Residents/Square Mileage: __ N_/A ______________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) _P_r_oJ_·e_c_t:_S_o_ct_a_in_e_r ________________ _
Event Start: June 2022 / Event Completion: April 2023
2 soccer fields and 2000SF new construction space
Project Cost: $565,000.00
Is the Contract still Activel Yes ___ No X
END OF SECTION 4
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Letter of Recommendation
Dear City of South Miami,
I am writing to highly recommend Hycon Build for any construction or renovation project. I had
the pleasure of working with they, and I am extremely satisfied with the results.
Throughout the entire project, Hycon demonstrated exceptional professionalism, attention to
detail, and effective communication. They consistently met deadlines, provided regular
updates, and ensured that the work was completed to the highest standards.
Hycon has a deep understanding of construction techniques, materials, and safety protocols.
They effectively coordinated subcontractors, managed the project timeline, and addressed any
issues promptly.
I appreciate Hycon's collaborative approach and willingness to listen to our needs.
In summary, I recommend Hycon Build, for any construction or remodeling work. They is
reliable, skilled, and dedicated to delivering outstanding results. Please feel free to contact me
if you have any further questions or need additional information.
Sincerely,
AlexAvayu
DAC, Senior Project manager
Phone: (305) 785 -4066
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Letter of Recommendation
Dear City of South Miami,
I am writing to highly recommend Hycon Build for any construction or renovation project . I had
the pleasure of working with they, and I am extremely satisfied with the results.
Throughout the entire project, Hycon demonstrated exceptional professionalism, attention to
detail, and effective communication. They consistently met deadlines, provided regular
updates, and ensured that the work was completed to the highest standards .
Hycon has a deep understanding of construction techniques, materials, and safety protocols.
They effectively coordinated subcontractors, managed the project timeline, and addressed any
issues promptly.
I appreciate Hycon's collaborative approach and willingness to listen to our needs.
In summary, I recommend Hycon Build, for any construction or remodeling work. They is
reliable, skilled, and dedicated to delivering outstanding results. Please feel free to contact me
if you have any further questions or need additional information.
Sincerely,
Eric Holland
OTJ -Senior Principal
Phone: (305) 333-7594
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Letter of Recommendation
Dear City of South Miami,
I am writing to highly recommend Hycon Build for any construction or renovation project . I had
the pleasure of working with they, and I am extremely satisfied with the results .
Throughout the entire project, Hycon demonstrated exceptional professionalism, attention to
detail, and effective communication. They consistently met deadlines, provided regular
updates, and ensured that the work was completed to the highest standards.
Hycon has a deep understanding of construction techniques, materials, and safety protocols.
They effectively coordinated subcontractors, managed the project timeline, and addressed any
issues promptly.
I appreciate Hycon's collaborative approach and willingness to listen to our needs .
In summary, I recommend Hycon Build, for any construction or remodeling work. They is
reliable, skilled, and dedicated to delivering outstanding results. Please feel free to contact me
if you have any further questions or need additional information.
Sincerely,
Carly Sutton
Newmark, Director
Phone: (402) 305-4573
162 of I 62
Agenda Item No:2.
City Commission Agenda Item Report
Meeting Date: September 3, 2024
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 CONTRACT FOR CONSTRUCTION TO HYCON INVESTMENTS, LLC FOR
CONSTRUCTION OF THE RESTROOM-CONCESSION BUILDING AT SOUTH MIAMI PARK PROJECT
PURSUANT TO INVITATION TO BID (ITB) NO. PR2024-07 IN AN AMOUNT NOT TO EXCEED $2,560,594.31;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO ENTER INTO A CONTRACT FOR THE
PROJECT; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY
MANAGER-PARKS, RECREATION & CULTURAL DEPT.)
Suggested Action:
Attachments:
Memo-SMP_Restroom-Concession_Building_Construction (2).docx
49H945502-Resolution - Restroom-Concession Building at SMP - Hycon Investments LLC.DOCX
Exhibit A-Construction Contract.Restroom-Concession at SMP.docx
Exhibit B to Contract - Hycon Investments LLC.PDF
FINAL ITB SM Restroom_Concession Facility 5.24.24.pdf
v2REvised Bid Tabulation ITB PR2024-07 8.23.24.pdf
Proposal Summary ITB PR2024-7 8.23.24.pdf
Demand Star ITB PR2024-07 8.2.24.pdf
Sunbiz.PDF
1
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:September 3, 2024
SUBJECT:Construct a new restroom-concession building and other related project contract
improvements at South Miami Park ($2,560,594.31).
RECOMMENDATION:Approve an agreement with Hycon Investments, LLC for the construction
of a restroom-concession building and related project contract
improvements at South Miami Park, for an amount not to exceed
$2,560,594.31, including contingency funds.
BACKGROUND:On Tuesday, June 4, 2019, the Mayor and City Commission passed
Resolution No. 71-19-15343, authorizing the City Manager to execute a
professional service work order with EAC Consulting, Inc. for the
completion of construction documents for a proposed restroom-concession
facility at South Miami Park. Over the past five years, two separate
proposals for additional architectural and engineering services have been
approved, with the most recent approval occurring on Tuesday, February
20, 2024.
The contract plans include the construction of a new one-story, roughly
1,880-square-foot building featuring a concession room, covered terrace,
administrative office, men's and women's restrooms, a drinking fountain
with a bottle filler, a Thor Guard lightning protection and warning system,
a new lift pump station, and landscaping with palm trees and shrubs/ground
cover. Additional project elements include upgrading to an 8-inch water
main extension on SW 58th and 59th Avenue, roadway improvements, and
fire hydrants.
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
CURRENT
PERMIT STATUS:The contract plans are currently being reviewed by agencies within
the Miami-Dade Department of Regulatory and Economic Resources.
Several modifications to the contract plans have been submitted to
permitting agencies. Key changes include but not limited to the
upsizing of the wet well and valve vault, adjustments to the water main
connections to ensure a 4-foot cover, and the extension of these
connections towards specific intersections. A new sheet was added to
display the proposed ingress/egress easement to the pump station, and
various details related to the fence layout and pump station were
revised. Additionally, changes were made to the force main layout,
pavement, and sod restoration, along with the inclusion of new
notations and details on various sheets. We’re currently waiting on
comments, if any further.
LIFT STATION
LEAD TIME:Staff has contacted the pump station manufacturer. The current lead
time for all pump station-related equipment is approximately 6-8
weeks after the awarded contractor places the order and makes the
payment.
PROCUREMENT
PROCESS:Through the Procurement Division, the City’s Parks, Recreation, and
Culture Department issued Invitation to Bid (ITB) #PR2024-07 on Friday,
May 24, 2024, for the 'Restroom-Concession Facility Build' at South Miami
Park. The City received bid proposals from seven (7) firms, as outlined
below.
Stonehenge Construction, LLC, and All Construction &Plumbing Inc. did
not submit the revised schedule of values provided in Addendum No. 2
(copy attached). City staff has identified Hycon Investments, LLC
(“Hycon”)as the lowest, most responsive, and responsible bidder. Hycon
Investments, LLC has been in business for eight (8) years and has completed
projects for multiple private companies. Staff has contacted Hycon’s
references and received positive feedback.
3
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
BID COMPARISON
SUMMARY:Staff has conducted a bid comparison summary focusing on the two
lowest and most responsive bidders: Hycon Investments, LLC, and
X10 Construction, Inc. The purpose of this analysis is to determine
the construction cost per square foot for the building alone.
Table Analysis #1 separates general conditions as a distinct line item,
while Table Analysis #2 distributes general conditions across bid
items proportionately based on their corresponding amounts. It’s
important to note that allocating general conditions proportionately,
as done in Analysis #2, is technically inaccurate since different aspects
of the project involve varying levels of risk. However, this approach
allows for a more direct comparison between Hycon Investments,
LLC, and X10 Construction, Inc.
Base Bid (General Conditions Separated)
Hycon Investments, LLC: $771,747.10 / 1,880 sf = $410.50
Base Bid (General Conditions Distributed Proportionally)
Hycon Investments, LLC: $1,136,214.49 / 1,880 sf = $604.37
Table Analysis #1 (General Conditions Separated)
4
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Table Analysis #2 (General Conditions
Distributed Proportionally)
VENDOR Hycon Investments, LLC
EXPENSE:Proposal/contract amount shall not to exceed $2,133,827.76
A $426,766.55 (20%)contingency will be added to the contract amount for
any unforeseen construction-related activity.
FUND ACCOUNT:Contract Amount (total $2,133,827.76)
$1,436,721: American Rescue Plan Act (ARPA) –account number
121-2000-572-6550,with a current balance of $2,633,309,or other
funding source as determined by the City Manager to be in the best
interest of the City.
$697,106.76: Capital Improvement Program, Parks & Recreation –
account number 301-2000-572-6450, with a current balance of
$2,774,142,or other funding source as determined by the City
Manager to be in the best interest of the City.
Contingency amount (total $426,766.55)
$426,766.55 (20%): Capital Improvement Program, Parks &
Recreation –account number 301-2000-572-6450, with a current
balance of $2,774,142, or other funding source as determined by the
City Manager to be in the best interest of the City.
5
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
ATTACHMENTS:Resolution
Final ITB Restroom-Concession Building
Exhibit A: Hycon Investments, LLC
Reference Check-Hycon Investments, LLC
Revised Bid Tabulation ITB PR2024-07
Proposal Summary ITB ITB PR2024-07
Demand Star ITB ITB PR2024-07
Sun Biz: Hycon Investments, LLC
6
Page 1 of 39
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made this
day of , 2024 (the “Effective Date”) by and between the CITY OF SOUTH
MIAMI, FLORIDA, a Florida municipal corporation, (the “City”), and HYCON INVESTMENTS,
LLC, a Florida limited liability company(the “Contractor”).
WHEREAS, the City issued Invitation to Bid No. PR2024-07 (the “ITB”) for construction
of the Restroom-Concession Facility Building at South Miami Park (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 $2,133,827.76 in response to the ITB and was selected and awarded this Contract pursuant to
Resolution No. XX 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
ITB, the Contractor’s Bid attached hereto as Exhibit “B” approved construction Plans and
Technical Specifications prepared by EAC Consulting (the “Project Consultant”) attached
hereto as Exhibit “C”(the “Plans”) and any other documents incorporated herein by reference
and made a part of this Contract for the following Project:
RESTROOM-CONCESSION FACILITY BUILDING AT SOUTH MIAMI PARK
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
10
Page 2 of 39
Contract is executed by both parties for the review and approval of the Project Consultant or
Cityas 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 Cityand 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.
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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.
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 andutility 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
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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.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 CityManager, which approval may be granted or withheld in
the CityManager’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 Cityas 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 270 calendar
days from the date specified in the Notice to Proceed (“Contract Time”).Substantial
Completion shall be defined for this purpose as the date on which City receives beneficial use of
the Project. The Work shall be fully completed in accordance with the Contract Documents
within 300 calendar days from the date specified in the Notice to Proceed (“Final Completion
Time”). The Final Completion date is defined as the date determined by the City when all Work,
including punch list items, has been completed in accordance with the Contract Documents and
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Contractor has delivered to Cityall 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 Citythe sum of $2,650 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 $2,650 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
Cityas 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 Cityby Contractor exceeds
monies due Contractor from City, Contractor shall be liable and shall immediately upon demand by
Citypay 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
$2,133,827.76 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 Cityreserves 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 theschedule 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
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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 Cityuntil 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 paymentaffidavit 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
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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 Cityfrom 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 failsto make payments properly to subcontractors or suppliers for labor,
materials, or equipment which has been paid by the City, provided that the amount withheld
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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
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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 forthe 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: ARPA Addendum;
4.4.3.Third Priority: This Base Agreement;
4.4.4.Fourth Priority: Exhibit “C,” the Plans and Technical Specifications;
4.4.5.Fifth Priority: Exhibit “A,” the ITB;
4.4.6.Sixth Priority: Exhibit “B,” the Bid; and
4.4.7.Seventh Priority: Contract Documents, excluding this Base Agreement and Exhibits
listed in this Section.
5. 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, claims, losses, expenses, suits, liabilities, causes of action, judgment or
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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 Cityprior 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.
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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.myfloridacfo.com/Division/wc/PublicationsFormsManualsReports/Broc
hures/Key-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
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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 (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:
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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.
7.1.1.7. 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
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Work to be readily available as and when required or needed for or in connection with
the construction, furnishing and equipping of the Project.
7.2. No recovery for changed market conditions.
7.2.1.In entering into the Contract, Contractor represents and warrants that it has accounted
for any and all inflation-related events, recession, labor or material shortages, supply chain
disruptions, delivery lead time, or price increases that may be caused by local and or
national conditions, whether known or unknown at the time of entering into the Contract
(the “Market Conditions”). Contractor further specifically represents and warrants that it
has considered all impacts and potential impacts, including any current and future supply
chain disruptions and labor shortages, associated with the following events: (1) worldwide
pandemics including, but not limited to, COVID-19 and Monkey Pox (the “Pandemics”)
and (2) the current military conflict involving Russia and the Ukraine (the “Ukraine
Military Conflict”). Contractor also represents and warrants that in determining time
requirements for procurement, installation, and construction completion, Contractor has
taken into account the impacts of Market Conditions, the Pandemics, and the Ukraine
Military Conflict, and has included all of those factors in the Construction Schedule and
Contract Sum.
7.2.2.Contractor shall not seek any price increases or time extensions relating to or arising
from the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict.
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
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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 Cityor its designee, Cityshall 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
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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 Citythe 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 Cityupon
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 Citysecures 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 Cityby 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
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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 costsnot 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, 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 CityCouncil.
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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 Citydirects 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 Cityand shall promptly repair any damage done
from any cause.
10.2.2.Contractor shall be responsible for all materials, equipment and supplies pertaining to
the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged
or destroyed prior to final acceptance by City, Contractor shall replace same without cost to
City.
10.3. Governing Law.This Contract shall be construed in accordance with and governed by the
laws of the State of Florida. Venue for any litigation arising out of this Contract shall be proper
exclusively in Miami-Dade County, Florida.
10.4. Waiver of Jury Trial.CITY AND CONTRACTOR KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO
A TRIAL BY JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT
TO ANY ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE
CONTRACT FOR CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION
WITH THE CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT,
COURSE OF DEALING, STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY.
10.5. Prevailing Party; Attorneys’ Fees.In the event of any controversy, claim, dispute or
litigation between the parties arising from or relating to this Contract (including, but not limited
to, the enforcement of any indemnity provisions), the prevailing party shall be entitled to recover
from the non-prevailing party all reasonable costs, expenses, paralegals’ fees, experts’ fees and
attorneys' fees including, but not limited to, court costs and other expenses through all trial and
appellate levels. In addition, the prevailing party shall be entitled to recover from the non-
prevailing party all litigation costs associated with discovery, processing, management, hosting,
and production of electronically stored information (ESI).
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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 Cityor 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 Cityproviding 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.
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10.10. Utilities.Contractor shall, at its expense, arrange for, develop and maintain all utilities at
the Project to perform the Work and meet the requirements of this Contract. Such utilities shall
be furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work,
Contractor 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
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shall be by employees of the Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security
and health insurance, employee benefits, purchasing policies and other similar administrative
procedures, applicable to services rendered under the Contract shall be those of the Contractor.
10.16. Notices/Authorized Representatives. Any notices required by this Contract shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature page
of this Contract or such other address as the party may have designated by proper notice.
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 Cityand 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.
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10.17.6.Any compensation due to Contractor shall be withheld until all records are
received as provided herein.
10.17.7.Contractor’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Contract by the City.
10.17.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.IF THE
BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
Custodian of Records:Nkenga “Nikki” Payne, CMC, FCRM
Mailing address:6130 Sunset Drive
South Miami, FL 33143
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 Citywithin five
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(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 CityCode of Ordinances. The Contractor shall not perform Work
beyond the time and days provided above without the prior written approval of the City.
11.3. Maintenance of Traffic.Whenever required by the scope of Work, by federal, state, or local
law, or requested by the City to protect the public health, safety, and welfare, a Maintenance of
Traffic (“MOT”) must be performed in accordance with the applicable FDOT Index Numbers (600
Series) and as further stated herein. The manual on Uniform Traffic Control Devises for Streets and
Highways (U.S. Department of Transportation, FHWA), must be followed in the design,
application, installation, maintenance and removal of all traffic control devices, warning devices
and barriers necessary to protect the public and workmen from hazards with the Project limits.
Pedestrian and vehicular traffic must be maintained and protected at all times. Prior to
commencement of the Work, Contractor must provide the City with a proposed MOT plan for
review. The Citymay 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
Citymay 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.
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Page 24 of 39
11.7. American Rescue Plan Act Contract Conditions.The Contractor acknowledges that the
Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery
Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). Towards that
end, the Contractor shall be required to comply with all laws, rules, regulations, policies, and
guidelines (including any subsequent amendments to such laws, regulations, policies, and
guidelines) required by ARPA, as further detailed in the ARPA Contract Conditions. If
compliance with the ARPA Addendum is required, the City shall select this box: ☒.
11.8. Grant Funding.The Contractor acknowledges that the Work may be fully or partially
funded utilizing funds from the grants listed below (each a“Grant”). Accordingly, the Contractor
warrants and represents that it has reviewed the terms and conditions for each Grant and will
perform the Work in accordance with the terms and conditions of the Grant. If the Work will be
funded utilizing Grant funds, the City shall select this box: ☐.
Grant Title Grant Agreement Exhibit
If the Work will be funded utilizing Grant funds, the City shall select this box:.
11.9. DBE Contract Assurance.
11.9.1.The City affirms it has encouraged women-owned, minority-owned, and
disadvantaged businesses of the Project and be responsive to the opportunity of the award
of this Contract.
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.
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Page 25 of 39
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.
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Page 26 of 39
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)
35
Contract No.: XX-XX E-Verify Affidavit
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the Cityto 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
36
City of South Miami, FL Notice to Proceed Form
NOTICE TO PROCEED
Dated: , 20
To: `
Project Name:
You are hereby notified that the Contract Times under the above Contract will commence to run
on ___________, 2024. 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 , 2024
and __________________, 2024, ____/____ 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:
37
City of South Miami, FL Page 29 of 39
AMERICAN RESCUE PLAN ACT ADDENDUM TO
CONTRACT FOR CONSTRUCTION
BETWEEN
THE CITY OF SOUTH MIAMI
AND
HYCON INVESTMENTS, LLC
THIS ADDENDUM to the Contract for Construction (the “Addendum”) is entered into as
of the day of , 2024 (the “Effective Date of this Addendum”), by and between the
CITY OF SOUTH MIAMI, a Florida municipal corporation, (the “City”) and HYCON
INVESTMENTS, LLC, a Florida limited liability company (hereinafter, the “Contractor”).
Collectively, the City and the Contractor are referred to as “Parties.”
WHEREAS, on [DATE], the City entered into a Contract for Construction (the
“Contract”) with the Contractor for construction of the Restroom-Concession Facility Building at
South Miami Park (the “Project”), as further defined in the Contract; and
WHEREAS, on March 11, 2021, the federal government adopted the American Rescue
Plan Act (“ARPA”), which, among other things, provides local governments with emergency
COVID-19 funding; and
WHEREAS,the City desires to utilize ARPA funding to implement the Project; and
WHEREAS,in order to utilize ARPA funding for the Project, the City desires to
incorporate federally required contract provisions relating to ARPA into the Contract, as set forth
in this ARPA Addendum; and
WHEREAS,the City and Contractor wish to modify the terms of the Contract in
accordance with the terms and conditions set forth in this ARPA Addendum.
NOW, THEREFORE,for and in consideration of the mutual promises set forth herein,
the City and Contractor agree as follows:
1
1. Recitals Incorporated. The above recitals are true and correct and incorporated herein.
2. American Rescue Plan Act Provisions.The Contract is hereby amended by adding the
following provisions to the Contract:
2.1.Mandated Federal Contract Conditions.
2.1.1.In connection with the performance of this Contract, Contractor acknowledges that
compensation for the Project services under this Contract shall be fully or partially funded
using the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to
the American Rescue Plan Act. As such, Contractor shall comply with all laws, rules,
regulations, policies, and guidelines (including any subsequent amendments to such laws,
regulations, policies, and guidelines) required by the American Rescue Plan Act, including,
1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words.
38
City of South Miami, FL Page 30 of 39
but not limited to the following documents and guidelines, which are incorporated herein and
made a part of this Contract:
ARPA Exhibit 1.Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200), as applicable and as may
be amended from time to time;
ARPA Exhibit 2.The U.S. Department of the Treasury’s Final Rule governing ARPA, dated
January 27, 2022;
ARPA Exhibit 3.U.S. Department of the Treasury Coronavirus State and Local Fiscal
Recovery Funds Award Terms and Conditions (Assistance Listing Number
21.019);
ARPA Exhibit 4.The U.S. Department of the Treasury’s Coronavirus State and Local Fiscal
Recovery Funds Frequently Asked Questions, dated April 27, 2022;
ARPA Exhibit 5.American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund
Contract between the City and the State of Florida, Division of Emergency
Management;
ARPA Exhibit 6.The U.S. Department of the Treasury’s ARPA Compliance and Reporting
Guidance, dated June 17, 2022; and
ARPA Exhibit 7.Assurances of Compliance with Civil Rights Requirements.
A copy of the above-referenced documents are available for inspection by the Contractor at the
Office of the City Clerk and at the following City link: https://southmiamiflgov-
my.sharepoint.com/personal/skulick_southmiamifl_gov/_layouts/15/onedrive.aspx?id=%2Fpersonal%2Fskulick%5
Fsouthmiamifl%5Fgov%2FDocuments%2FARPA%20Argreements%20and%20Docs&ga=1
2.1.2.Title VI Requirements. Contractor acknowledges that the City has certified
compliance with Title VI of the Civil Rights Act of 1964 to the U.S. Department of the
Treasury on the form incorporated herein as ARPA Exhibit 7. Towards that end, Contractor
shall ensure that performance of work in connection with this Contract complies with the
certifications and requirements contained in ARPA Exhibit 7 and shall also adhere to the
following provisions:
(1) The Contractor and its subcontractors, successors, transferees, and assignees shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
federal financial assistance from excluding from a program or activity, denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Contract. Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance,
42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title
VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part
of this Contract.
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City of South Miami, FL Page 31 of 39
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor
shall undertake an active program of nondiscrimination in its administration of the
Work under this Contract.
2.1.3.Americans with Disabilities Act Requirements. The Contractor agrees to comply
with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government services,
and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Contract.
2.1.4.Age Discrimination Act of 1975. Contractor shall comply with the requirements of
42 U.S.C. §§ 6101 et seq., as amended, and the Treasury’s implementing regulations (31 CFR
Part 23), which prohibits the discrimination on the basis of age in programs or activities under
this Contract.
2.1.5.Protections for Whistleblowers.
(1) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of
a contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i.A Member of Congress or a representative of a committee of Congress.
ii.An Inspector General
iii.The Government Accountability Office.
iv.A Federal employee responsible for contract or grant oversight or
management at the relevant agency.
v.An authorized official of the Department of Justice or other law
enforcement agency.
vi.A court or grand jury.
vii.A management official or other employee of the Contractor, subcontractor,
the State of Florida, or the City who has the responsibility to investigate, discover,
or address misconduct.
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City of South Miami, FL Page 32 of 39
(3) The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
2.1.6.Compliance with Immigration and Nationality Act (INA).Contractor hereby
certifies that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act (“INA”)].
2.1.7.Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor
shall adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Contractor and
its employees while performing the Work.
2.1.8.Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225,
Contractor shall adopt and enforce policies that ban text messaging while driving and
workplace safety policies designed to decrease accidents caused by distracted drivers.
2.1.9.Publication. Contractor shall obtain approval from the City in writing prior to
issuing any publications in connection with this Contract. If approved by the City, the
Contractor shall include the following language in any and all publications issued:
“This Project is [being funded/was supported] in part by federal award number
(FAIN) [Insert Project FAIN] awarded to City of South Miami by the U.S.
Department of the Treasury.”
2.1.10.Reporting Conflict of Interests.Contractor agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any
potential conflicts of interest affecting the use of funds awarded under the American
Rescue Plan Act in accordance with 2 CFR 200.112.
2.2.Compliance with Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Final Rule
and other guidelines provided in connection with the American Rescue Plan Act, Contractor
shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to:
2.2.1.Equal Employment Opportunity Compliance. During the performance of this
Contract, the Contractor agrees as follows:
(1)The Contractor will not discriminateagainst any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
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City of South Miami, FL Page 33 of 39
c.rates of pay or other forms of compensation; and
d. selection for training, including apprenticeship
The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2)The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3)The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
(4)The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5)The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of
Labor.
(6)The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7)In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the U.S. Secretary of Labor, or as otherwise provided by law.
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City of South Miami, FL Page 34 of 39
(8)The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
2.2.2.Contract Work Hours and Safety Standards Act Compliance. During the
performance of this Contract, the Contractor shall comply with the provisions of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as follows:
(1)Overtime requirements. No Contractor or subcontractor contracting for any part of the
Contract Work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-
half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (1) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States, for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
(3)Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the U.S. Department
of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such contract or any
other Federal contract with the same Contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same Contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
(4)Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
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City of South Miami, FL Page 35 of 39
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
2.2.3.Clean Air Act Compliance. During the performance of this Contract, the Contractor
shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as amended) and
specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Contract.
2.2.4.Federal Water Pollution Control Act Compliance. During the performance of this
Contract, the Contractor shall comply with the provisions of Federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Contract.
2.2.5.Debarment and Suspension Compliance. During the performance of this Contract,
the Contractor warrants that Contractor or its subcontractors are not debarred, suspended, or
otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Contractor
shall comply with the following provisions:
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury’s implementing regulations at 31 CFR Part 19, and 2
C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
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City of South Miami, FL Page 36 of 39
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C throughout the period of this Contract. The Contractor
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
(5) Contractor certifies that they:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under 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.
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Contract, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Contractor is unable to obtain and provide such certification, then the Contractor
shall attach an explanation to this Contract as to why not.
2.2.6.Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). During the
performance of this Contract, the Contractor and its subcontractors shall comply with the
provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended).
Specifically, Contractor represents and warrants as follows:
(1) No Funds received by the Contractor under this Contract have been paid or will be paid,
by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any monies, other than Funds received by Contractor under this Contract, have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
45
City of South Miami, FL Page 37 of 39
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions.
(3) The Contractor shall require that this certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all such sub-recipients shall certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
2.2.7.Copeland “Anti-Kickback” Act. During the performance of this Contract, the
Contractor and its subcontractors shall comply with the provisions of the Copeland “Anti-
Kickback” Act as follows:
(1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by
reference into this Contract.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.
§ 5.12.
2.2.8.Procurement of Recovered Materials. Contractor shall comply with the provisions
of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in
the performance of this Contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items, unless the product cannot be
acquired: (1) competitively within a timeframe providing for compliance with the contract
performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable
price.
Information about this requirement, along with the list of EPA-designated items, is available
at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
2.2.9.Domestic Preferences for Procurements. To the greatest extent practicable,
Contractor and its subcontractors shall provide preference for the purchase, acquisition, or use
46
City of South Miami, FL Page 38 of 39
of goods, products, or materials produced in the United States, in accordance with 2 CFR
200.322, “Domestic preferences for procurements.”
2.2.10.2 CFR Subpart F – Audit Requirements.Contractor shall assist the City in
complying with the audit requirements under 2 CFR Subpart F –Audit Requirements (“Federal
Audit Provisions”) and the reporting requirements of the U.S. Department of the Treasury’s
Final Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(1) Contractor shall assist the City in complying with the Federal Audit Provisions by
providing the City, the State of Florida, the U.S. Department of the Treasury, the
Treasury Office of the Inspector General, the Government Accountability Office, or
other federal government entities, and any of their duly authorized representatives,
access to personnel, accounts, books, records, supporting documentation, and other
information relating to the performance of the Contract or the Work (“Documentation”)
necessary to complete federal audits. Contractor shall promptly assist the City in the
event Documentation must be supplemented to address audit findings or other federal
inquiries.
(2) Contractor shall keep all Documentation up-to-date throughout the performance of this
Contract and the Work. Contractor shall provide the City with all Documentation for
each fiscal year by October 1 of each year or within five days of the completion of the
Work, whichever occurs first. Contractor shall assist the City in complying with
additional guidance and instructions issued by the U.S. Department of the Treasury
governing the reporting requirements for the use of American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Funds.
3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the terms
and provisions of this Addendum and the terms and provisions of the Contract, the terms and
provisions of this Addendum shall control.
4. Contract Ratified. Except as otherwise specifically set forth or modified herein, all terms in
the Contract are hereby ratified and affirmed and shall remain unmodified and in full force
and effect in accordance with its terms.
5. Defined Terms. All initial capitalized terms used in this Addendum but not otherwise defined
herein shall have the same meaning ascribed thereto in the Contract.
6. Counterparts. This Addendum may be executed in counterparts, each of which shall be
deemed an original, but all of which, when taken together, shall constitute one and the same
instrument. An executed facsimile or electronic copy of this Addendum shall have the same
force and effect as an original hereof.
[Remainder of page intentionally left blank. Signature pages follow.]
47
City of South Miami, FL Page 39 of 39
IN WITNESS WHEREOF, the parties hereto have caused this Addendum 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)
HYCON INVESTMENTS, LLC
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
48
49
Exhibit A
RESTROOM-CONCESSION FACILITY BUILD AT
SOUTH MIAMI PARK
1TB PR2024-07
HYCON INVESTMENTS, LLC
50
Wallace, Elisha
From:
Sent:
To:
Cc:
Subject:
Thank you.
Kulick, Steven P.
Friday, August 23, 2024 2:22 PM
Fernando Murzi
Pough, Quentin; Webster, John; Payne, Nkenga; Marco Ramos; Gerardo Murzi;
Antonietta Gaeta; Daniela Rodriguez
RE: Restroom-Concession Facility Build at South Miami Park
From: Fernando Murzi <fernando@hyconbuild.com>
Sent: Friday, August 23, 2024 2:19 PM
To: Kulick, Steven P.<SKulick@southmiamifl.gov>
Cc: Pough, Quentin <QPough@southmiamifl.gov>; Webster, John <JWebster@southmiamifl.gov>; Payne, Nkenga
<NPayne@southmiamifl .gov>; Marco Ramos <mramos@hyconbuild.com>; Gerardo Murzi <gmurzi@hyconbuild.com>;
Antonietta Gaeta <agaeta@hyconbuild.com>; Daniela Rodriguez <drodriguez@hyconbuild.com>
Subject: RE: Restroom-Concession Facility Build at South Miami Park
EMAIL RECEIVED FROM EXTERNAL SOURCE
My pleasure Mr. Kulic,
Please let me know if you have further questions
Best regards,
FERNANDO MURZI
PRINCIPAL
t.+1 6174153174
e.f ernando@hyconbu il d.com
175 SW 7u, Street Suite 1717
Miami FL, 33130
X
X
CONFIDENTIALITY NOTICE:
This email and the information contained herein and attachments hereto are legally privileged and confidential
information intended only for the use of the individual or entity named above. If the reader of this email is not the
intended recipient, you are hereby notified that any forwarding, dissemination, use, distribution or copying of this
email, its contents, and/or its attachments, or the taking of any action in reliance on the contents thereof is strictly
prohibited. If you have received this email in error, please immediately notify the sender and delete the email and
any attachments and destroy any tangible manifestation thereof. Thank you.
1
51
From: Kulick, Steven P.<SKulick@southmiamifl.gov >
Sent: Friday, August 23, 2024 2:09 PM
To: Fernando Murzi <fernando@hyconbuild .com >
Cc: Pough, Quentin <QPough@southmiamifl .gov >; Webster, John <JWebster@southmiamifl.gov >; Payne, Nkenga
<NPayne@southmiamifl.gov>; Marco Ramos <mramos@hyconbuild .com >; Gerardo Murzi <gmurzi@hyconbuild .com >;
Antonietta Gaeta <agaeta@hyconbuild.com >; Daniela Rodriguez <drodriguez@hyconbuild.com >
Subject: RE: Restroom-Concession Facility Build at South Miami Park
Thank you.
From: Fernando Murzi <fernando@hyconbuild .com >
Sent: Friday, August 23, 2024 1:54 PM
To: Kulick, Steven P.<SKulick@southmiamifl.gov >
Cc: Pough, Quentin <QPough@southmiamifl .gov >; Webster, John <JWebster@southmiamifl .gov >; Payne, Nkenga
<NPayne@southmiamifl.gov>; Marco Ramos <mramos@hyconbuild.com >; Gerardo Murzi <gmurzi@hyconbuild.com >;
Antonietta Gaeta <agaeta@hyconbuild.com >; Daniela Rodriguez <drodriguez@hyconbuild .com >
Subject: RE: Restroom-Concession Facility Build at South Miami Park
EMAIL RECEIVED FROM EXTERNAL SOURCE
Mr Kulic,
After contacting the drafter/surveyor I regularly use, please see the response below the
responses
Thank you,
FERNANDO MURZI
PRINCIPAL
t.+1 6174153174
e.fernando@hyconbuild.com
175 sw 7th Street Suite 1717
Miami FL. 33130
X
X
CONFIDENTIALITY NOTICE:
Th is email and the information contained herein and attachments hereto are legally privileged and confidential
information intended only for the use of the individual or entity named above. If the reader of this email is not the
intended recipient, you are hereby notified that any forwarding, dissemination, use, distribution or copying of this
email, its contents, and/or its attachments, or the taking of any action in reliance on the contents thereof is strictly
prohibited. If you have received this email in error, please immediately notify the sender and delete the email and
any attachments and destroy any tangible manifestation thereof. Thank you .
2
52
From: Kulick, Steven P.<SKulick@southmiamifl .gov>
Sent: Thursday, August 22, 2024 2:43 PM
To: Fernando Murzi <fernando@hyconbuild.com >
Cc: Pough, Quentin <QPough@southmiamifl.gov>; Webster, John <JWebster@southmiamifl .gov >; Payne, Nkenga
<NPayne@southmiamifl.gov>
Subject: RE: Restroom-Concession Facility Build at South Miami Park
Fernando,
Regarding permit fees, this was further clarified in Addendum No. 3, copy attached, the
Response to Question #5 and in Addendum No. 2 where a Revised Schedule of Values was
provided and, an allowance for Permit Fees of $10,000 was included .
The line for As-builts, is for the ENTIRE project not just for the water extension.
Therefore, please include the allowance for Permit Fees, ($10,000) and the fee for As-builts: $
15,000 and re-confirm your:
Total Base Bid Amount:$ _2,133,827.76_
Total Alternate Bid Amount: $_2,155,599.66_
Please advise by 2:00 PM Friday, August 23, 2024
Thank you,
Steven Kulick, CPM
Chief Procurement Officer
Direct: 305-663-6339
City of South Miami
6130 Sunset Drive, South Miami, FL 33143
Tl ff CITY 0 1 IJl f A5A.N l LIVI NC
Follow us on: lnstagram I Facebook I Twitte r I TikTok I Linkedln I YouTube
Download the SoMi Connect App: ~ I Google Play
Under Florida law, e-mails are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Inste ad, contact City Hall by phone or in writing.
3
53
From: Fernando Murzi <fernando@hyconbu i ld.com >
Sent: Wednesday, August 14, 2024 6:06 PM
To: Kulick, Steven P.<SKulick@southmiamifl.gov>
Cc: Pough, Quentin <QPough@southmiamifl.gov>; Webster, John <JWebster@southmiamifl .gov >; Payne, Nkenga
<NPayne@southm iamifl.gov>
Subject: RE: Restroom-Concession Facility Build at South Miami Park
EMAIL RECEIVED FROM EXTERNAL SOURCE
Good afternoon Mr. Kulic,
Please see responses below in Blue letter.
Thank you,
FERNANDO MURZI
PRINCIPAL
t. + 1 617 415 317 4
e.f ernando@hyconbuild.com
175 SW 7th Street Suite 1717
Miami FL. 33130
I rx:i ------X
CONFIDENTIALITY NOTICE:
This email and the information contained herein and attachments hereto are legally privileged and confidential
info rmation intended only for the use of the individual or entity named above. If the reader of this email is not the
intended recipient, you are hereby notified that any forwarding, dissemination, use, distribution or copying of this
email, its contents, and/or its attachments, or the taking of any action in reliance on the contents thereof is strictly
prohibited. If you have received this email in error, please immediately notify the sender and delete the email and
any attachments and destroy any tangible manifestation thereof. Thank you.
From: Kulick, Steven P.<SKulick@southmiamifl.gov >
Sent : Tuesday, August 13, 2024 4:22 PM
To: Fernando Murzi <fernando@hyconbuild.com >
Cc: Pough, Quentin <QPough@southmiamifl.gov >; Webster, John <JWebster@southmiamifl .gov >; Payne, Nkenga
<NP ayne@southmiamifl.gov >
Subject: Restroom-Concession Facility Build at South Miami Park
Re: 1TB #PR2024-07
Good afternoon,
4
54
The City has received your proposal for 1TB #PR2024 -07 and during our review of your
proposal we have the following questions:
• Could you please clarify why the permit and fees allowance was removed from the bid
price?
According to the 1TB document page 18 last paragraph of point 3.1 "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". We didn't add the cost because of this comment. We are
aware of the other Miami Dade permits expenses due to the water extension we have
do> however, for us is very hard to predict this number.
• Could you explain why there is no price included for as-builts? The City expects as-builts
to be provided with each pay application and upon project completion.
We included the water extension as-built upon project completion. Not for each payment
application.
• Please confirm that the bid price for Division 9 Finishes -Walls: Stucco is $44,062.60 and
that the bid price for Division 9 Finishes -Walls: Fiber Cement is $54,834.50. Therefore,
the alternate bid price is $10,771.90 higher than the base bid, bringing the total to
$2,119,599.66.
Confirmed
The above questions are to assist the City to better understand your proposal and are not
meant as an opportunity to revise or change the submitted bid price.
The Cone of Silence is in effect. All communication relating to this solicitation must be writing.
Please respond by 10 AM, Thursday, August 15, 2024.
Thank you,
Steven Kulick, CPM
Ch ief Procurement Officer
Direct: 305-663-6339
City of South Miami
6130 Sunset Drive, South Miami, FL 33143
5
55
TH I ( IT Y O F 1,1 r AS,\NT IIVIN(,
Follow us on: lnstagram I Facebook I Twitter I TikTok I Linkedln I YouTube
Download the SoMi Connect App: ~ I Google Play
Under Florida law, e-mails are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact City Hall by phone or in writing .
6
56
~-
HYCON IN VESTMENTSLLC
I I '-/ C 0 175 SW 17TH STREET SU ITE 171 7
I MIAMI. FL 3130
DATE 8/2/2024
Estimator: A. Gaeta
CGC1526822 Estim ate# 24 -37
I SOUTH MIAMI RESTROOM & CONCESSION
CITY OF SOUTH MIAMI
4300 SW 58TH AVE, SOUTH MIAMI, FL 33 143
BASE BID
Des cription Amount -% S/SF --
1 General Conditions $ 659,475.20 31 .27%
2 Site Civil Work 0,00%
Earthwork $ 14,712.50 0.70%
Pavina $ 2 ,375.40 0.11%
Site Utilities $ 177,020.00 8.39%
LendscaDQ and lrriQation $ 21,649.31 1.03%
3 Concrete $ 142,128.00 6.74%
4 Ma nso rv Included
5 Steel I Metals Included
6 Wood and Plastic s In cluded
7 Moisture Protection $ 39,911 .00 1.89%
8 Doors $ 15,651.33 0.74%
8 Windows $ 1,418.72 0.07%
9 Finishes $ 144,181.56 6.84%
10 Soociatties $ 33,920.78 1,61%
11 Equipment $ 15,729.00 0.75%
12 Furnishings Included (O ther 4)
15 Mech anical 0.00%
HVAC $ 22,769.60 1,08°/o
~ Fire Protection Included (Ot her 1)
Plumblna $ 192,703.79 9.14%
16 Electrical $ 163,333 .33 7.75 %
31 Earthwork $ 1,605,0 0 0 ,0 8"/o
32 Exterior Improvements $ 151,91 3,25 7.20%
33 Sito Utilitie s $ 304,050.00 14.42%
40 Process Integration $ 4,280.00 0.20%
Grand Total (Base Bid Price) $ 2,108,827 ,76 100.00%
Gross Arca (SF) $/SF
ALTERNATE BID
~-
General Conditions 659,475.20 31.11 %
Finishe s 54,834.50 2.59%
Grand Total (Baso Bid Pr1co) S 2,119,599.66
Gross Area fSFl $/SF
57
BASE BID
-------
NEW CONSTRUCTION __ Quantity_ Unit Unit Cost Sub.Total ------.. --------------------
2 SITE WORK
SITE DEMOLITION
EARTHWORK
Building Pad INCLUDED
Fine Grade and Compact Building Area s 13 ,910.00
Termi te Treatment s 802.50
EARTHWORK SUBTOTAL s 14 ,712.50
PAVING
Concrete Paths s 2,375.40
PAVING SUB TOTAL s 2,375.40
SITE UTILITIES
Domestic Water INCLUDED (Site Utilities)
Tie in Existing + Valve s 21 ,400.00
PVC Latera ls IN CLUDED (Site Ulilities)
Sanitary Sewer Utilities s 153,010.00
Fence 97.57 LF s 2,610.00
SITE UTILITIES SUB TOTAL s 177,020.00
LANDSCAPE· IRRIGATION
Irrigation (Repair allowance) s 5.885.00
Sod (St. Augustine) s 15 ,764.31
Trees and Shrubs INC LUDED (Sod)
LANDSCAPE• IRRIGATION SUB TOTAL s 21,649.31
SITE WORK TOT AL s 215,757.21
3CONCRETE
Vapor retarder {frm Div 7) INCLUDED (Total Concrete)
Foundations IN CLUDED (Total Concrete)
Slab on Grade. 4· IN CLUDED (Total Concrete)
CMU IN CLUDED (Total Concrete)
Concret e Roof I Joists INCLUDED (Total Concrete)
Total Concrete s 142,128.00
CONCRETE TOTAL s 142,128.00
---------------. ---------------
Dam proofing IN CLUDED (Building lnsulalion)
Vapor retarder IN CLUDED (Building In sulation)
Building Insulation s 4 ,387.00
Exterior wall -rigid bd INCLUDED (Building Insulation)
Sound attenuation bait INCLUDED (Building Insulation)
Flat Roofing s 32,100.00
Flashing & Sheet Metal (SST) INCLUDED (Roof)
Roof Cants IN CLUDED (Roof)
Downspouts s 3,424 .00
Joint Sealers IN CLUDED (Roof)
MOISTURE /THERMAL PROTECTION TOTAL s 39,911.00 ------------------------------------------------------------
BDOORS
Doors and Frames (HM) -NOA s 9,413.33
Roll up Doors with NOA $ 6,238.00
Roll Down Grilles INCLUDED
Finish Hardware INCLUDED
DOORS TOTAL s 15,651.33 --------------------------------------------------------.
58
9FINISHES
WALLS
Stucco s 44,062,60
FLOORS
Sealed Concrete NOT INCLUDED
Special Concrete NOT INCLUDED
Floor Tile 837,00 SF s 17,597, 19
CEILINGS
Acoustical Panel Ceilings 400,00 SF s 34 ,539 ,60
Hard Cei lin gs I Soffits 400.00 SF INCLUDED
Exposed 50.00 SF INCLUDED (Concrete)
WALL COVER INGS
Wall Tile and Base 1506.00 SF s 38,245, 17
Exterior Paint 1965.00 SF s 5 ,457.00
Interior Painting 1735.00 SF S 4,280.00
10 SPEC IALTIES/ BUil T-INS
Fire Extinguishers 1 EA s 734,99
Fire Extinguisher Gab. 1 EA IN CLUDED
Identifying Devices {Sig ns} 7 EA s 5,341 .8 1
Toilet Parti tions s 9 ,947.79
Regular Compartments 4 EA INCLUDED (Toilet Partitions)
Uri nal Screens 1 EA INCLUDED (Toilet Partitions)
Toilet Accesories s 11,529.68
Paper T owe l Dryer 14 EA INCLUDED (Toilet Accesories) (D + F + K + L)
Toilet Tissue Dispenser 4 EA INCLUDED (Toilet Accesories) C
42" grab bars 2 EA INCLUDED (Toilet Accesories) A
36" grab bars 2 EA INCLUDED (Toilet Accesories) B
Mirror 4 EA INCLUDED (Toilet Accesories) E
Soap Dispensers 3 EA INCLUDED {Toilet Accesories) J
Baby-Changing Table 2 EA INCLUDED (Toilet Accesories) H
Built-in Concessions Coun ter & She lving 6 EA s 6 ,366.50
SPECIAL TIES / BUil T-INS TOTAL $ 33,920,78 --------------------------------------------------------------
11 EQUIPMENT
FOOD PR EPARATION s 15,729.00
Popcorn Machine (Mode l N": FT824PP-SK) INCLUDED (Total Equipment)
Microwave Oven (Model ND: WMH31017AS) IN C LUDED (Total Equipment)
Hotdog Roller (Model N": RDB24SS) INCLUDED (Tota l Equipmen t)
Food Wanmer (Model N": GRFFB) IN CLUDED (Tota l Equipment)
Refrigirator (MoceJ N"c VSR-2) INCLUDED {Total Equipment)
Ice Make r (Model N": MIM 100) INCLUDED (To tal Equipment)
Cotton Candy (FT 1 000CC-P) IN CLUDED (Total Equipment)
Ice C ream Freezar {TFM-51 FL BK) INCLUDED (Total Equipmen t)
EQUIPMENT SUB TOTAL s 15,729.00
15 MEC HANICAL
Mobilization I Shops I Bonds INCLUDED (Total Mechanical)
Ductwork w. Insulatio n INCLUDED (Total Mechanical)
2.0 Ton Mi ni Split INCLUDED (Total Mechanical)
Ex ha ust fans INCLUDED (Total Mechanical)
AJC grilles INCLUDED (Total Mechanical)
Misc, Supports, a ccesories INCLUDED (Total Mechanical)
Louvers INCLUDED (Tota l Mechanical)
Test/ Bal INC LUDED {Tola l Mechanical)
MECHANICAL SUB TOTAL s 22.769,60
MECHANICAL TOT AL s 38,498,60 ----------------------------------------~------------------
16PLUMBING
Mob ili zation/ Shops I Bonds INCLUDED (Total Plumbing)
Water Close t 4 EA INC LUDED (Total Plumbing)
Urinals 2 EA INCLUDED (Tota l Plumbing)
Lavs 4 EA s 20 ,251.89
drinking Fountains -hi-lo 1 EA s 3,964,35
Janitor 1 EA INCLUDED (Total Plumbing)
Showe r INCLUDED (Tota l Plumbing)
Water Htrs 1 EA s 658,05
Pip ing Plumbi ng s 167,829.50
Grease trap I Separator I SampHng port INCLUDED (Tota l Plumbing)
Drywell IN CLUDE D {Total Plumbing)
PLUMBING TO TAL s 192,703,79
59
16 ELECTRICAL
Mobilization / Shops I Bonds INCLUDED (Total E-,ctrica l)
Si te Electrical D uct Bank INCLUDED (Total Electrical)
Site Communications IN CLUDED (Tota l Electrical)
Pan elboards, feeders , transfomiers INCLUDED (Total E-,ctrica l)
Oullels IN CLUDED (Tota l Electrical)
lighting IN CLUDED (Total E lectri cal)
Telephone (empty cond ui t) INCLU DED (Total Electrical)
Intrusio n detectio n -INCLUDED (Total Electrical)
Lig htning Pro tec tion IN CLUDED (Total Electrical)
Grounding INCLUDED (Total Electrical)
ELECTRICAL TOTAL s 163,333.33 -------------------------------------
31 EARTHWORKS
Clearing and Grubbing INCLUDED (Site Work)
Removal of Con crete Type D Curb s 1,605.00
Subsoil Es cavatio n INCLUDED (Site Work)
Embankment IN CLUDED (Site Work)
Ty pe B Stabilizalion (12 Inch es) INCLUDED (Site Work)
EARTHWORKS TOTAL s 1,605,00
---------------------------------------------
32 EXTERIOR IMPROVEMENTS
Optional Ba se, Bas e group EXCLUDED
Milling Existing Asphalt Pav ement, 1 ~ Avg Depth INCLUDED (Asphalt)
Superpave Asphallic Co ncrete, Traffi c C, PG 76 -22 s 66 ,340.00
In lets. OT, BOT, Type C, JBOT, <10 IN CLUDED (Fren ch Drain)
Fren ch Dra in. 18" s 71,155.00
Concrete Cu rb, Type D $ 1,578.25
Concrete Sidewa lk , 4" Thick EXCLUDED
Detectable Warnings EXCLUDED
Performance Turf, Sod INCLUDED (Landscape)
Sig ning and Pavement Markings s 12,840.00
EXTERIOR IMPROVEMENTS TOTAL $ 151,913.25
33 SITE UTILITIES
Utility Pipe, Plug, & Out of Serv , 6" INCLUDED (Site Utilities)
Utili ty Pipe, Remove & Dispose , 6" INCLUDED (Sile Utilities)
Utility Pipe Poly Viny l Chlorid e, Furnis h and In sta ll , 6" INCLUDED (Site Utilities)
Sanitary Sewer Cleanout, 5· PVC.Furnish and Install INCLU DED (Site Utilities)
Util ity Pipe HOPE , Furn is h, and Install 1.5 " IN CLUDED (Site Utilities)
Utility Pipe HDPE , Furnish , and Install 2" IN CL UDED (Site Utilities)
Furnish . and Insta ll 3/4" hoseblb IN CLUDED (Sile Utilities)
Utility Pipe Ductile Iron, Furni sh, and Install , 4" IN CLUDED (Site Utilities)
Utility Ducti le Iron , Furnis h. Install, e• IN CLUDED (Site Utilities)
Utility Ducti le Iron , Furnish, Install, s· IN CLUDED (Site Utilities)
Utility Fitting, Elbow, Furn is h, and Install 4. IN CLUDED (Site Utilities)
Utility Fitti ng , Elbow. Furni sh , and Install 6" INCLUDED (Site Ut ilities)
Utility Fitti ng, Elbow. Furnis h. an d In sta ll 8" INCLUDED (Site Utilitie s)
Utility Fitti ng , Tee, Furn is h, and /n stall 8" IN CLUDED (Site Utilities)
Utility Fitt ing, Cap , Furnish, and Insta ll , 6" INCLUDED (Site Utilities)
Utility Fitti ng, Cap , Furni sh, and In stall. 6" IN CL UDED (Site Utilities)
Utility Fixture, Furnish and Install Line Stop Assmebty , 6" INCLUDED (Sile Utilities)
Util ity Fixture, Fum tsh and Install Dual Meter Box 2" IN CLUDED (Site Utilities)
Utility FiJ1:ture , Furn ish and Install Corp Stop 1.5" INCLUDED (Site Utilities)
Utility Fixture, Furnish and In stall Tapping Saddle 4" INCLUDED (Site Utilities)
Utilit y Fixture. Furn ish and Insta ll Tapping Sad dl e 6" INCLUDED (Site Utilitie s)
Utility Fixture, Furnish and Inst all Tapping Saddle 8" INCLUDED (Site Utilities)
Utility Fixlure, Furnish and Insta ll Va lve Assemb ly 4~ INCLUDED (Site Utilities)
Utility Fixture , Furnish and In sta ll Valve Assembly 6~ IN CL UD ED (S ite Utilities)
Utility Fixture, Furnish and Install Valve Asse mbly a~ INCLUDED (Site Utilities)
Utility Fixture , Furnish and In sta ll Blov'loff Assembly 2" IN CLUDED (S ite Utilities)
Utility Fixture, Furn is h and Instal l Sa mpl e Point 8" INCLUDED (Site Utilities)
Uft Station everything inside the fen ce Including Forcemai n, fitti ng
and appurtenance up to the connection point (Includes fence , INC LU DED (Site Utilities)
electrical, structural ). Includes all won<. up to point of co nn ection .
Fire Hyd rants INCLUDED (S it e Utilities)
Fire Hydrant, Remove IN CLUDE D (Site Utilities)
Utility Fixture. Furnish and Install Air Release Valve INCLUDED (Site Utilities) . I •■li.--,1 ■1 I
40 PROCESS INTEGRATION
Utility Fixture, Furnish and In stall Backflow Assembly 1,5" s 2,140.00
PROCESS INTEGRATION TOTAL S 4,280.00 --------------------------------------------------------
SUB -TOTAL ALL TRADES s 1,449,3 52,56 -------------------------------------------------------
60
GENERAL CONDITIONS
General Cond itions and requirements s 309,764.00
Mainatenace of Tratric s 29,960.00
Mobilization (Max 3%) / Demobilization (Min 2%) $ 72,467.63
Pemiils and Fees NOT IN CLUDED
As-bui lts
CM Fee(7%) s 101 ,454 .68
GLPD s 29,700.00
Builders Risk s 24,300.00
P&P Bond s 52,650.00
Other 1 -Fire alarm s 27,405 .00
Other 2 -Waterproofing s 9,523.89
Other 3 -Handrail s 1,500.00
Other 4 -Window Shades s 750.00
GENERAL CONDITIONS TOTAL s 659,475.20
------- -------
GRAND T OTAL (BASE BID PRICE) 2,108 ,82 7.7 6
-~
ALTERNATE BID
NEW CONSTRUCTION Quantity Unit Unit Cost Sub,Tolal
WALLS
FIBER CEMENT (in lieu of Stucco) 54,834.50
GENERAL CONDITIONS
GENERAL CONDITIONS TOTAL S 659.475.20
GRAND TOTAL (ALTERNATE BID PRICE, See Nol e #5) S 2,119 ,599 .66
~ ------
NOTES
1.BID PRICES STATED IN THE PROPOSAL INCLUDE ALL COSTS AND EXPENSES FOR LABOR, EQU IPMENT , MATERIA LS, CONTRACTOR'S OVERHEAD, PROFI T, BOND
AND INSURANCE , AND GENERAL COND ITI ONS. PAYMENT FOR THIS PROJECT WILL BE BASED UPON COMPLETION OF THE ENTIRE PROJECT AS A UNIT PR ICE
CONTRACT . CO NTRACTOR IS RESPONSIBLE FOR ALL REPAIRS , INCLUDING COMPLETE RESTORATION WORK TO DISTURED ELEMENTS AND SURFACE AREA DUE
TO CONSTRUCT ION ACTIVITIES AND DISPOSAL OF ALL DEBRIS AND MATER IAL OFF-SITE.
2. THE CONTRACTOR SHALL USE THESE ITEMS TO WR IT E DOWN THE ALL OF THE COSTS, EXPENSES, LAB OR, MATERIAL, EQ UIPMENT OR ANY OTHER COSTS NOT
ALREADY COVERED BY THE SCHEDULE OF VALUE S BUT NEEDED TO COMPLETE THE WORK, AS ENV ISIONED AND INTENDED IN THE CON TRAC T DOCUMENTS.
CONTRACTOR SHAL L PROVIDE A NARRATIVE OF WHAT ITEMS ARE BEING COVERED UNDER THIS ITEM.
3. THE CO NTRACTOR SHALL BE RESPONS IBLE FOR PERFORM ING ITS OWN QUANITY TAKE OFF. IN THE EVENTTHATTHE CONTRACTOR DETERMINES ADD ITIONAL
QUANTITIES ARE NEEDED, THE CON TR ACTOR SHAL LADJUSTTHE UNIT PR ICE OF CLOSEST BID ITEMS SUCH THATTHE BID PRICE REPRES ENTS THE ACTUAL COST
OF CONSTRUCTION.
4. TH IS SCHEDU LE OF VALUES IS PART OF ASET OF CONSTRUC TION DOCUMENTS. TH E GRAND TOTAL (BASE BID PRICE) SHALL MEAN THE PRICE TO COMPLETE
THE WORK AS ENVISIONED BY THE CONTRACT DO CUMENTS IN THEIR ENTIRETY.
5. TH E GRAND TOTAL (ALTERNATE BID PR ICE) SHA LL MEAN THE AGGREGATE SUM OF ALL BID ITE MS INCLUDED IN THE BASE BID (EXCEPT FOR THE STUCCO WALL
FINISH) PLUS ALL BID ITEMS INCLUDED IN THE ALT ERNATE BID .
61
SUBMITTED THIS 02 ------
BID SUBMITTED BY:
Company
Fernando Murzi
Name of Person Authdrize
I
Signature
Principal
Title
DAY OF
44 of91
_A_u_g_u_s_t ______ 20 24 .
617-415-3174
Telephone Number
617-415-3174
Fax Number
fernando@hyconbuild.com
Email Address
62
FORM I
BID FORM PACKAGE 7NOWLEDGEMENTS (CONTINUED)
HYCON INVESTMENTS, LL¢'\
NAME OF BIDDER FIRM
SlGNATURE OF BIDDER
Fernando Murzi -Principal / Li ense qualifier
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
175 Sw 7th Street Suite 1717, Miami, FL 33130
~ 415-31 7 4
TELEPHONE NUMBER
State of Florida
County of Miami -Dade
The foregoing instrument was ac ~e~ed before me by mean.s of -_ __E!'~ical presence or_ online
notarization, this _Q:!_ day of ~ r:h--<J v'.:> \ , 20 24, by ;,-ff II, A \\I\X, tl,\,)\~l \
(name of person) as v~\ \\(\\-='Al (type ofauthority) for l~\Y CUW
___ (name of party on behalf of whom instrument is executed).
£.(.(( --------~-~~;-.~~,__ ______ _
Notary Public (Prin /C,
!Qommissfoned)
____._ __ Personally known to me; or
___ Produced identification (Type of Identification: _____________ _,
___ Did take an oath; or
___ Did not take an oath
A Notary Publlc State of Florida
.-. Enrique Ignacio GIi
IWlmmm:u My Commission HH 527910
' Expires 5/15/2028
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FORM2B
BIDDER'S CERTIFICATION
(if P-artnership)
CERTIFICATE
ST A TE OF Florida
couNTY oF \H 1A \l\ t 1JA oe
)
) ss
)
I HEREBY CERTIFY that a meetin g o f the Partners of --H~'l~(_'O_-_l\\ ___ _
--------------------------------· a
pa rtnership existing un der t he laws of the State of :fl DC I \}A , held on
(Ju(:-] vS I .•. the following resolution was duly passed and adopted: , Joat
"RESOLVED, that ff:£Njj A11?u HUill/ ,
as / L';M. / l'/1 l of the Partnership,
be and is h~reby authorized to execute the Bid dated C1 r • 11 U(J tJ I:, i , 2024, to the City of South Miami
for 1TB No. PR1024-07 "RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI
PARK" from this partnersh ip and that his execution of thereof, attested by the shall be the o fficial act
and deed of this Partners hip ."
(SEAL)
I further certify that said resolution is now in full force and effect.
IN WITN S WHEREOF, I have hereunto set my hand this 2_
A Notary Public Stat e of Fl orid a
"'1!llll,. Enrique lgnaclo GIi L'!Zmimm My Commlulon HH 527 9 10
Expires 5/15/2 028
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FORMJ
SINGLE EXECUTION AFFIDAVITS
THISif0RM',M0ST,i~EJstc;NSP:;'.AN.DiSW0'.RR~'ito\t'Nk\'f1'A~1P.~ESE'N¢'Efg'e)AW§t~;f'Aff:o/tlP({JiiliI¢;
dfiiP:tHr:R.ip~_~1¢f,~J.)tll$fflp~µt~r:(,\'t9}A.Q~JN'JJS:r,:i:,~!_«:i!'.\".tH$~
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 STATEMENTSt 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: Fernando Murzi
For (Name of Proposing or Bidding Entity): Hycon Investments, LLC
Whose business address is: 175 SW 7th Street Suite 1717, Miami FL 33130
)
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 USe
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title m, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility f mplementation 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 use Section 3601-3631.
--.--~,..-_
8idde1floitials
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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 af1:er
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 poollng of equipment or income among persons when not for fair market value under an arm's length
agreement. shall be a prima fade case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133( I )(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, and partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
IZI Neither the entity submitting this sworn statement. nor any of its officers, directors. executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to
July I, 1989.
D The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners. shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 1989.
D The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida
, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that
26 of 91
66
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 Continaent 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.
T, . .......,
Bidder Initials
Busin~ss 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-I 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.
BidderJnitials
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.
Bidder Initials
Scrutinb:ed Company Certification
8. 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.
9. 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.
I 0. The Bidder agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under the Agreement that may result from this 1TB. As provided in
Subsection 287.135(8}, F.S., iffederal law ceases to authorize the above-stated contracting prohibitions
then they shall become inoperative.
Bidder. Initials
Dryg-!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 muse:
a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
b) Inform employees about the dangers of drug abuse in the workplace, the Bidder's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
28 of91
68
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 aner such conviction.
3) Impose a sanction on, or require the satisfactory participation in a drug abuse assista.nce
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 APIPLOIES.)
00 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.
f
Bidder J nitials
City Non-Piscriminatioo 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.
T , . -
Bidder Initials
Acknowledgment. Warranty. and Acs;eptance
I. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules
and regulations.
29 of'91
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2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
ITS No. PR2023-17 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.
BiddeiJ11itia,I~
[REMAINDER OF PAGE LEfT INTENTIONAll Y BLANK.
SIGNATURE PAGE fOllOWS.]
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cklelivered by:
~/2s , I IL
Wi~es, #2 Print Name:T d.,,.,,,,.. .d '---:L,,1,1:_,) ,
ACKNOWLEDGMENT
State of Florida
County of ht II f-1 I Dl-)lc
The foregoing instrument was ackrwwledged before me by means of ~ ph _ sical presence or _ online
notarization, this CZ day of [-! {;C/J'>±: • 204 , by t c.../V A, C' vf.tl
(name of person) as PIZJAI C!fJ{tL (type of authority) for /IY 0
___ (name of party on behalf of whom instrument is executed). ~Lt (!J
Notary Pu"blic (P nt, S p, or Type as
_./ __ Personally known to me; or
Commissloned)
___ Produced identification (Type of ldentification: ______________ -1
___ Did take an oath; or
___ Did not take an oath
.. Notary Public State or Florida
' ,_,.flllllll!._ Enrique Ignacio GIi 1 ◄ """11111Wl!l My Commlaslon HH 52791 o
' Expires 5/15/2028 1
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FORM4
DISPUTE DISCLOSURE
Answer the following questions by placing an "X" after "Yes" or "No". If you answer "Yes",
please explain in the space provided, or on a separate sheet attached to this form.
I. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (S) 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 (S) years?
YES ____ NO __ X __
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES NO X ----------
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest. and
state a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Bid or Bid for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of Miami -Dade
The foregoing i~strument was ack , wledge before me by means of ~sical prese~ce or D online
notarization, this il_ day o_f ·• l,,~ 20.l.,L, by -Fe f/ljA;Jl)r,.1 H~1R 1!
(name of person) as ?/Z!NC( f.lAL (type of authority) for /-/-Yl 3N
___ (name of party on behalf of whom instrument is executed).
/Personally known to me; or
Notary Public (Print,
Commissionia)
___ Produced identification (Type of Identification: _____________ )
___ Did take an oath; or
___ Did not take an oath
Notary Public State of Florlda
Enrique lgnaclo GIi
I My Commlulon HH 527910
Expires 5/15/2028
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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: Hycon Investments, LLC
Date: 08/01/2024 By: Fernando Murzi
Signature of Authorized Representative
Name Representative
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FORM6
BIDDER'S QUAUflCATHONS SURVEY
COMPANY QUAUFUCATBONS 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".
Hycon Investments, LLC
Firm Name
175 Sw 7th Street Suite 1717, Miami FL 33130
Principal Business Address
(617) 415-3174
Telephone Number
fernando@hyconbuild.com
Email Address
81-1722479
Federal I.D. No. or Social Security Number
License Number: CGC1526822 I Certificate Number: FL239983
Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
N/A
Facsimile Number
How many years has the firm has been in business under its current name and ownership? 8 years
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:
L16000021851 02/01/2016
Document Number Date Filed
Please:Jdentify·•.thE?firm'!.: tjt~9r;y:<WJ,=h:1:r1e:•;J=lc:wid,~;Qep~i;~rn®TT~/;gf.<,u~l.!1e~)fr?f~1ci11a.k;~,m,1Jl}.tj911,
(D13P:R);··oa~~:lf~ensi;)\rjurpp~t/~r~Y!f.t~meeh~~4\l?ii'R~:f~~~:
Construction Industry CGC 1526822 August 31, 2024
Category License No. Date Licensed
Please indicate the type of entity form of the Firm (if other, please describe):
□ Individual □ Partnership □ Corporation oo LLC □ LLP □ Other __________ _
Please identify the Firm's primary business: (.:\ •r. I L ,,\ Cv vi flr(,) V \1...
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Please identify the number of continuous years your Firm has performed its primary business: _§_years
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. UcE!iis~'l~suan~e'Pa~e
Type License or Certification
License State of Florida CGC1526822
Certification State of Florida FL239983 01/12/2024
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm: N/A
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
si_gnin_g authority:
Authorized Signor's Name Title Sii:rrifr1g····:Auth6n.;..;;::n1reshofd
G!\II'°C6iiJr/id .. ;x1~dGnt/ No••Cose,•:Otfiiir)
Fernando Murzi Principal
Gerardo Murzi Principal
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades employees by trade {e.i .. 20 electricians, 5 laborers, etc.):
Total No. of Employees 11
Totalt-Jci, of t:1ari~enalf Ad111ioistrativ<i •.
Employees
INSURANCE DNFORMATION
Please provide the following information about the Firm's insurance company:
James River Insurance Company Certificate Department
Insurance Carrier Name
225 E Dania Beach Blvd Ste i 20 954-363-2082
Insurance Carrier Contact Person
certs@beiagency.com
Insurance Carrier Address Telephone No. Email
H~ th!iiJ:irriJJjlE!c{,aj:ly[itisl;i~t~~ajmstitj:c#)e:l.iis;frv@i(Sfy,~r,sJ 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 •
ernando Murzi Princi al
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Gerardo Murzi Principal 50%
Please i<fentify wtiether any Qf the owners/partners r entified above are owners/partners in another enti~
o 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 Entit:Y 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.
f ( \ 1 ',..Q, -(l -Firm: __ H_...,.·_,_v_•, __ L_V\_. 1_r._.l7....,._1/""_,,,_, _E _,~_✓_J s __ Ll_c __________________ _
Authorized Signature: __ ifl!)....,--....,
1
,......._, _______ _
I
Print or Type Name: __ (·_1.-__ Ti._,_M_1,v_-;}_,1 __ t"'_v_,L_-_ ....... _1 __ _ Title:
36 of9 1
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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: Newmark (Private Company)
Reference Contact Person/Title/Department: ----=C=-=a::..:..r:...1..ly--=S=-=u::..:.tt::.::o..:...:n.,_, D=.:..:...ire:::.:c::..:to.::.:r'------------
Contact Number & Email (0): 312.224.31251 (M): 402.305.4573 carly.sutton@nmrk.com
Public Entity Size/Number of Residents/Square Mileage:. __ N_/A ______________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) _P_r_o-'-je_c_t:_K_n_o_te_l _________________ _
Event Start: October 2023 / Event Completion: June 2024
Interior office space entire buildout 20,000 SF
Project Value: $ 3,015,000.00
Is the Contract still Active? Yes ___ No X
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REFERENCE #2
Public Entity Name: Swire Properties (Private Company)
Reference Contact PersonfTitle/Department: Cesar Richards, Senior Tenant Coordinator
Contact Number & Email T: (305) 371 w3877 / crichards@swireprops.com
Public Entity Size/Number of Residents/Square Mileage:. __ N_IA ______________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) __ P_ro_1_e_ct_: _T_h_e_S_c_a_p_e_G_a_m_e _____________ _
Event Start: October 2023 / Event Completion: February 2024
Interior Retail space entire buildout 8500 SF
Project Value:$ 650,000.00
Is the Contract still Active? Yes ___ No __ X __
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REFERENCE #3
Public Entity Name: __ s_o_c_ta_i_n_e_r _(P_r_iv_a_te_C_o_m_p_a_n_y) ______________ _
Pedro Arias Reference Contact Person/Title/Department: ___________________ _
Contact Number & Email p.arias@soctainer.com
Public Entity Size/Number of Residents/Square Mi!eage: __ N_/A ______________ _
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) _P_r_o_je_c_t:_S_o_c_ta_i_n_e_r ________________ _
Event Start: June 2022 I Event Completion: April 2023
2 soccer fields and 2000SF new construction space
Project Cost: $565,000.00
Is the Contract still Active? Yes ___ No X
END OF SECTION 4
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Letter of Recommendation
Dear City of South Miami,
I am writing to highly recommend Hycon Build for any construction or renovation project. I had
the pleasure of working with they, and I am extremely satisfied with the results.
Throughout the entire project, Hycon demonstrated exceptional professionalism, attention to
detail, and effective communication. They consistently met deadlines, provided regular
updates, and ensured that the work was completed to the highest standards.
Hycon has a deep understanding of construction techniques, materials, and safety protocols.
They effectively coordinated subcontractors, managed the project timeline, and addressed any
issues promptly.
I appreciate Hycon's collaborative approach and willingness to listen to our needs.
In summary, I recommend Hycon Build, for any construction or remodeling work. They is
reliable, skilled, and dedicated to delivering outstanding results. Please feel free to contact me
if you have any further questions or need additional information.
Sincerely,
AlexAvayu
DAC, Senior Project manager
Phone: (305) 785-4066
80
Letter of Recommendation
Dear City of South Miami,
I am writing to highly recommend Hycon Build for any construction or renovation project. I had
the pleasure of working with they, and I am extremely satisfied with the results.
Throughout the entire project, Hycon demonstrated exceptional professionalism, attention to
detail, and effective communication. They consistently met deadlines, provided regular
updates, and ensured that the work was completed to the highest standards.
Hycon has a deep understanding of construction techniques, materials, and safety protocols.
They effectively coordinated subcontractors, managed the project timeline, and addressed any
issues promptly.
I appreciate Hycon's collaborative approach and willingness to listen to our needs.
In summary, I recommend Hycon Build, for any construction or remodeling work. They is
reliable, skilled, and dedicated to delivering outstanding results. Please feel free to contact me
if you have any further questions or need additional information.
Sincerely,
Eric Holland
OTJ -Senior Principal
Phone: {305) 333~7594
81
Letter of Recommendation
Dear City of South Miami,
I am writing to highly recommend Hycon Build for any construction or renovation project. I had
the pleasure of working with they, and I am extremely satisfied with the results.
Throughout the entire project, Hycon demonstrated exceptional professionalism, attention to
detail, and effective communication. They consistently met deadlines, provided regular
updates, and ensured that the work was completed to the highest standards.
Hycon has a deep understanding of construction techniques, materials, and safety protocols.
They effectively coordinated subcontractors, managed the project timeline, and addressed any
issues promptly.
J appreciate Hycon's collaborative approach and willingness to listen to our needs.
In summary, I recommend Hycon Build, for any construction or remodeling work. They is
reliable, skilled, and dedicated to delivering outstanding results. Please feel free to contact me
if you have any further questions or need additional information.
Sincerely,
Carly Sutton
Newmark, Director
Phone: (402) 305-4573
CITY OF SOUTH MIAMI
INVITATION TO BID (ITB) No. PR2024-07
RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI
PARK
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: May 24, 2024
BID CLOSING DATE: August 2, 2024
BID CLOSING TIME: 10:00 A.M.
BID OPENING TIME: 10:30 A.M.
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PUBLIC NOTICE
INVITATION TO BID (ITB) No. PR2024-07
RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK
NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the RESTROOM-
CONCESSION FACILITY BUILD at South Miami Park, located at 4300 SW 58th Avenue,
South Miami, 33143. Interested companies, firms, and individuals (“Bidders”) may obtain a copy of
Invitation to Bid No. PR2024-07 (the “ITB”) to be issued on May 24, 2024, 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. PR2024-07 for the RESTROOM-CONCESSION FACILITY BUILD AT
SOUTH MIAMI PARK. Bids must be received by the City by no later than August 2, 2024 at 10:00
a.m. EST.
E-BID OPENING VIA VIDEO CONFERENCING:
The City will only receive submittals electronically through the DemandStar Electronic Bid
System (E-Bidding). To register as a business, go to https://network.demandstar.com/
Bids will be publicly opened through video conferencing using the Zoom platform. At 10:30 AM, local
time. Members of the public are invited to view the bid opening meeting through Zoom at
https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by
dialing +1-786-635-1003 Meeting ID: 3056636339.
Any bid submission received after this time and date will be rejected and returned unopened. Bidders are
responsible for ensuring that their bid is received in the City by the deadline.
A pre-proposal 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: May 24, 2024
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TABLE OF CONTENTS
Section Page
Section 1: Information for Bidders 4
Section 2: Terms and Conditions 12
Section 3. Scope of Work 18
Section 4: Bid Submission Requirements and Evaluation &
Forms and Attachments
20
Section 4: Bid Form – Form 7 37
Section 4: References – Form 8 45
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SECTION 1.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the “City”) is soliciting bids for the “RESTROOM-CONCESSION
FACILITY BUILD AT SOUTH MIAMI PARK” (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 May 24, 2024 4:00 PM
2
Non-Mandatory / Mandatory Pre-Bid Conference
and Site Visit
NONE
SCHEDULED
3 Deadline to Submit Questions / Requests for
Clarification July 9, 2024 10:00 AM
4 City Issues Addenda and Responds to Questions July 19, 2024 10:00 AM
5
Deadline to Submit Sealed Bids – Submission
Deadline via DemandStar - On-Line E-Bid at
https://network.demandstar.com/
August 2, 2024 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.
August 2, 2024 10:30 AM
7 City Manager issues recommendation to City Commission August 20, 2024 7:00 PM
8 Award Bid(s) and Agreement(s) at City Commission
Meeting August 20, 2024 7:00 PM
4 of 91 85
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 August 2,
2024 (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 Non-Mandatory Pre-bid conference will NOT be scheduled for this project. Please refer to the
Schedule of Events on Page 4 of this solicitation.
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 July 9, 2024 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. PR2024-07, “RESTROOM-CONCESSION FACILITY BUILD AT
SOUTH MIAMI PARK” and addressed to:
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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
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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
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.
1.7.4.3. Additional qualifications. The Respondent must demonstrate that it has full-time
personnel with the necessary experience to perform the Project’s Scope of
Work. This experience shall include work in successfully completed projects
performed by the identified personnel whose bulk of work is similar in detail to the
Project’s Scope of Work described in these Solicitation Documents. Demonstrate the
experience requirement by:
Providing a detailed description of at least three (3) projects similar in detail to the
Project’s Scope of Work described in these Solicitation Documents and in which the
Bidder’s identified personnel is currently engaged or has completed within the past five
years. List and describe the aforementioned projects and state whether the work was
performed for the County, other government clients, or private entities. The
description must identify for each project:
1. The identified personnel and their assigned role and responsibilities for the listed
project.
2. The client’s name and address including a contact person and phone number for
reference.
3. Description of work.
4. Total dollar value of the contract.
5. Contract duration.
6. Statement or notation of whether Bidder’s referenced personnel is/was employed
7 of 91 88
by the prime contractor or subcontractor, and
7. For completed projects, provide letters of certification of final acceptance or similar
project closure documentation issued by the client and available Contractor’s
performance evaluations.
1.7.5. Insurance Certificates. Bidder shall provide certificates of insurance
demonstrating compliance with the requirements set forth under Section 2 of this
solicitation, including:
1.7.5.1. Commercial General Liability
1.7.5.2. Workers Compensation & Employer’s Liability
1.7.5.3. Business Automobile Liability
THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR
ADDITIONAL COVERAGE IF DEEMED NECESSARY.
1.7.6. Bidder may provide any additional information that highlights experience or expertise, which
is relevant and directly applicable to this ITB.
1.8. EVALUATION CRITERIA/AWARD OF CONTRACT.
Award shall be made to the lowest responsible and responsive Bidder whose qualifications indicate the
Award will be in the best interest of the City and whose Bid complies with the requirements of this ITB.
In no case will the Award be made until all necessary investigations have been made into the responsibility
of the Bidder and the City Manager is satisfied that the Bidder is qualified to do the Work and have the
necessary organization, capital and equipment to carry out the Work in the specified timeframes. The
responsible bidder shall be a person who has the capability in all respects to fully perform the contract
requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities,
equipment, financial resources and credit which will give a reasonable expectation of good faith
performance, and a person who has submitted a bid which conforms in all material respects to the ITB
(the “Responsible Bidder”). In evaluating responsibility, the City may also consider previous contracts with
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.
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The City reserves the right to accept or reject any and/or all Bid or parts of Bid, to workshop or negotiate
any and all Bid, to select and award Bidder(s) for all or any of the Work, waive irregularities in Bid, to
cancel or discontinue this ITB process, and to request new Bid on the required Work or services. The
City Commission shall make the final determination and award of Bid(s).
All materials submitted in response to this Invitation to Bid become the property of the City and will be
returned only at the option of the City. The City has the right to use any or all ideas presented in any
Bid or responses to the ITB, whether amended or not, and selection or rejection of Bid does not affect
this right.
1.10. CODE OF ETHICS PROVISIONS.
1.10.1. Cone of Silence.
The provisions of City’s Cone of Silence are applicable to this ITB. The City’s Cone of Silence provisions
can be found under Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence
may be sent to:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
The Cone of Silence as used herein means a prohibition of any communication regarding a competitive
solicitation such as a request for proposal, request for qualification, request for information or
invitation/request for bid, between a potential vendor, service provider, proposer or bidder (hereinafter
referred to as the "potential bidder"), or agent, representative, lobbyist or consultant for the potential
bidder; (hereinafter referred to as the "bidder's representative"); and
(i) Members of the City Commission; or
(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;
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(v) Communication that is strictly limited to matters of those processes or procedures that are
contained in the corresponding solicitation document and which communication is between
any person and the City's purchasing agent or the City employee who is designated as being
responsible for administering the procurement process for such solicitation;
(vi) Communications with the City attorney and his or her staff;
(vii) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(viii) Any emergency procurement of goods or services pursuant to City code;
(ix) Responses to a request made by the City's purchasing agent, or the City employee who is
designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(x) Communications prior to bid opening between City's professional staff and potential bidders
and/or bidder's representatives to enable City staff to seek and obtain industry comment or
perform market research, provided all communications related thereto between a potential
bidders and/or bidder's representatives and any member of the City's professional staff
including, but not limited to the City Manager and his or her staff, are in writing or are made
at a duly noticed public meeting.
1.10.2. Lobbying Prohibited. All potential Bidders and their agents who intend to submit, or
who submitted, a bid or response to this solicitation, are prohibited from lobbying,
individually or collectively, any City Commissioner, candidate for City Commissioner, or any
employee of the City in connection with this solicitation.
The term "Lobbyist" means all persons (including officers and managers of a legal entity),
firms, or legal entities such as a corporation, partnership or limited liability company,
employed or retained by a principal (including an officer of the principal or an employee of
the principal whose duties include marketing, or soliciting business, for the principal) who
seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action
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:
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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 “RESTROOM-CONCESSION FACILITY
BUILD AT SOUTH MIAMI PARK” Project (the “Project”). The Work to be performed includes, but
is not limited to, services related to the Restroom-Concession Build 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 conforms
to the requirements of this ITB and is most advantageous to the City and in its best interest. The City
reserves the right to award the Bid(s) considered to best serve the City’s interests.
2.2. DELIVERY.
All equipment, materials, and goods in connection with the Work shall be delivered F.O.B. destination
(i.e., at a specific City address), and delivery costs and charges (if any) will be included in the Bid pricing.
Exceptions should be noted.
2.3. EQUIPMENT.
Any equipment or products used by Contractor to provide Work pursuant to this ITB shall remain the
property of the Contractor. In the event equipment or products used by the Contractor are found to be
defective, of unsatisfactory quality, or do not conform to the requirements of this ITB or the Specifications,
the City reserves the right to reject the equipment or product(s), at the Contractor’s expense.
2.4. PRICING.
The Bid form attached to this ITB under Section 4 and to be included with each Bid shall specify the
Bidder’s pricing and/or fees for the equipment and Work requested herein. Bidder should include any
and all applicable taxes in Bid prices. If the Bidder is awarded an Agreement pursuant to this ITB, the
prices and fees quoted in the Bid shall remain fixed and firm during the term of the Agreement.
2.5. BID COSTS.
Bidders submitting Bid do so entirely at their own cost and expense. There is no expressed or implied
obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing
or submitting Bid, providing additional information when requested by the City, or for participating in any
selection interviews.
2.6. LICENSES AND PERMITS.
Bidder shall secure any and all necessary and required licenses, certifications and permits to conduct the
Work, including, but not limited to, all Federal, State, County and City licenses and permits. All Bidders
must provide the necessary documentation to demonstrate that they meet all applicable licensing and
permitting requirements.
By submitting a Bid in response to this ITB, Bidder represents and warrants to the City that it holds all
licenses, certifications and permits (“Licenses”) required by applicable law and by any other governmental
authority or agency to perform the Work. Bidder represents and warrants to the City that the Licenses
shall be in full force and effect on the date of performance of the Work and further represents that it
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holds and will hold all Licenses throughout the term of the Agreement. Bidder shall provide the City with
copies of all Licenses and any additional permits that may be required for performance of the Work with
its Bid and during the term of the Agreement.
Where the Contractor is required to enter onto City property, public rights-of-way or other property
to deliver equipment or to perform the Work as a result of a Bid award, the Contractor will assume the
full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and
insurance required. The Contractor shall be liable for any damages or loss to the City property, or other
property or persons, occasioned by the acts or omissions, or the negligence of the Bidder (or their agent)
or any person the Bidder has designated in the performance of the Work, as a result of the Bid.
2.7. INSURANCE.
2.7.1. If selected, the Contractor shall secure and maintain throughout the duration of the awarded
contract insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated
A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance
coverage shall be primary insurance with respect to the City, its officials, employees, agents
and volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s
insurance. The insurance coverages shall include at a minimum the amounts set forth in this
section and may be increased by the City as it deems necessary or prudent. Copies of
Contractor’s actual Insurance Policies as required herein and Certificates of Insurance shall
be provided to the City, reflecting the City as an Additional Insured. Each Policy and
certificate shall include no less than (30) thirty-day advance written notice to City prior to
cancellation, termination, or material alteration of said policies or insurance. All coverage
forms must be primary and non-contributory and the Contractor shall provide a waiver of
subrogation for the benefit of the City. The Contractor shall be responsible for assuring that
the insurance policies and certificates required by this Section remain in full force and effect
for the duration of the Work.
2.7.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to property under the
care, custody and control of Contractor. The General Aggregate Liability limit and
the Products/Completed Operations Liability Aggregate limit shall be in the amount of
$2,000,000 each.
2.7.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees
for statutory limits as required by applicable State and Federal laws. The policy(ies)
must include Employer’s Liability with minimum limits of $1,000,000.00 each accident.
No employee, subcontractor or agent of the Contractor shall be allowed to provide
Work pursuant to this ITB who is not covered by Worker’s Compensation insurance.
2.7.1.3. Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance
Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
2.7.2. The Contractor agrees to indemnify, defend and hold harmless the City from and against
any and all claims, suits, judgments, losses, damages, executions and/or liabilities as to bodily
injuries and/or property damage which arise or grow out of the Agreement or Contractor’s
performance of the Work required by this ITB.
2.7.3. The Contractor shall also, upon request by the City, provide copies of all official receipts
and endorsements as verification of Contractor's timely payment of each insurance policy
premium as required by the Agreement.
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2.7.4. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR
ADDITIONAL COVERAGE IF DEEMED NECESSARY.
2.8. BONDS. The selected Contractor must, prior to performing any portion of the Work and
within three (3) days of the Effective Date of the Construction Contract, deliver to the City the
Bonds required to be provided by Bidder hereunder and the Construction Contract(collectively,
the “Bonds”). The City, in its sole and exclusive discretion, may also require other bonds or
security, in order to guaranty that the awarded contract with the City will be fully and
appropriately performed and completed. The surety providing such Bonds must be licensed,
authorized, and admitted to do business in the State of Florida and must be listed in the Federal
Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds shall be
included in the contract price. If notice of any change affecting the scope of services/work, the
contract price, contract time, or any of the provisions of the Construction Contract is required
by the provisions of any bond to be given to a surety, the giving of any such notice shall be t he
selected Contractor’s sole responsibility, and the amount of each applicable bond shall be
adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do
business in Florida is terminated or it ceases to meet applicable law or regulations, the selected
Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as
applicable) and surety, all of which must be satisfactory to the City.
2.8.1. Performance Bond. If this provision is selected, the selected Contractor must deliver to
the City a performance bond in an amount equal to 100 percent of the price specified in the
contract. The performance bond shall provide that the bonding company will complete the
project if the selected Contractor defaults on the contract with the City by failing to perform
the contract in the time and manner provided for in the contract.
2.8.2. Payment Bond. If this provision is selected, the selected Contractor must deliver to the
City a payment bond in an amount equal to 100 percent of the price specified in the contract.
The payment bond shall provide that the bonding company or surety will promptly pay all
persons who supply labor, materials, or supplies used directly or indirectly in the
performance of the work provided for in the contract between the selected Contractor and
the City if the selected Contractor fails to make any required payments only.
2.8.3. Waiver of Bonds. If this provision is selected, the City Manager has waived or limited
the requirements contained herein for payment or performance bonds upon such
circumstances as are deemed in the best interest of the City. If the requirement for a
payment bond is waived, the City shall select this box: ☐. If the requirement for
a performance bond is waived, the City shall select this box: ☐.
2.9. BID GUARANTY/BID BOND. Each bid must be accompanied by a Bid Bond or Cashier’s
Check, in the amount of five percent (5%) of the bid, in the form provided in Form 9. 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 shall be submitted to the City Clerk’s Office no later than the Submittal Due
Date:
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.
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,
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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 public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity and may not transact business with any public
entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.”
2.19. NO CONTINGENCY FEE.
Bidder shall warrant that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Bidder, to solicit or secure the Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for the Bidder, any fee, commission, percentage, gift or other consideration contingent
upon or resulting from the award or making the Agreement. For the breach or violation of this provision,
the City shall have the right to terminate the Agreement, without liability, at its discretion.
2.20. PUBLIC RECORDS; CONFIDENTIALITY.
Bidders are hereby notified that all information submitted as part of or in support of Bid submitted
pursuant to this ITB are public records subject to public disclosure in accordance with Chapter 119,
Florida Statutes. If there is any apparent conflict between Florida’s Public Records Law and this ITB, Florida
Law will govern and prevail.
All Bids submitted in response to this ITB shall become the property of the City. Unless the information
submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to utilize any
or all information, ideas, conceptions, or portions of any Bid in its best interest. Acceptance or rejection
of any Bid shall not nullify the City’s rights hereunder.
Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE BIDDER HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address: 6130 Sunset Drive
South Miami, FL 33143
Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
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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
“RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK”
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.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from
Monday through Friday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances.
3.2. SPECIFIC REQUIREMENTS.
The City of South Miami is requesting proposals from qualified bidders for the construction of a public
restroom-concession combo facility at South Miami Park, located at 4300 SW 58 Avenue, South
Miami, FL 33143. The awarded firm will lead a comprehensive and complete process for construction,
including but not limited to furnishing all labor, materials, and equipment to complete the work as specified
and in accordance with contract drawings, specifications, and other contract documents. 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).
All work must be completed within three hundred (300) calendar days from the issuance of a
purchase order, master building construction permit, and notice to proceed.
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3.3. SITE LOCATION.
The Project will be held at South Miami Park, 4300 SW 58th Avenue, South Miami, FL, 33143.
3.4. CONSTRUCTION PLANS & SPECIFICATIONS.
“SOUTH MIAMI PARK RESTROOMS” plans for this project are included as separate documents
as Attachment C, No. 1 “Construction Plans” and No. 2, “Technical Specifications.”
Prepared by EAC Consulting.
3.5. PROJECT DURATION.
After permit(s) have been secured/approved, the Bidder is responsible for completing this project within
three hundred (300) calendar days from issuance of Notice to Proceed/Purchase Order/Email
Notification from the City’s Project Manager.
3.6. WARRANTY.
Bidder must include a warranty and/or guarantees of all material and labor that includes:
3.6.1. any conditions; and
3.6.2. guaranteed response time for repair; and
3.6.3. guaranteed replacement during the warranty period; and
3.6.4. life expectancy under normal use; and
3.6.5. Failures during the warranty period must be repaired or replaced to the satisfaction of the
City; and
3.6.6. the term of the warranty.
At a minimum, Bidder/Contractor must warrant their Work to be free of significant defects in
workmanship and materials for a period of one (1) year and if General Conditions are made part of the
contract documents for this project, at a minimum, Bidder/Contractor must warrant their Work in
accordance with the warranty requirements found in the General Conditions to the Contract.
If equipment is being provided, the standard manufacturer’s warranty information must be
provided in writing for all equipment being proposed and, if required by the warranty, such equipment
must be installed by an authorized installer before final payment is made. If the manufacturer’s warranty
is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City.
3.7. DOCUMENTATION.
A prerequisite to final payment is the execution and delivery to the City of all documents required by any
governmental agency, including the City. Such documentation includes documentation for the conveyance
of any property or facilities that are the subject of this Project.
PERFORMANCE AND PAYMENT BONDS ARE REQUIRED FOR THIS PROJECT.
A BID BOND IS NOT REQUIRED FOR THIS PROJECT
END OF SECTION 3
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SECTION 4.
BID FORM PACKAGE
As provided in the ITB, the following items must be attached to this Bid:
FORMS STATUS
Form 1 – Bid Form Package Acknowledgement √
Form 2A. Bidder’s Certification (if Company or Corporation) √
Form 2B. Bidder’s Certification (if Partnership) √
Form 3. Single Execution Affidavits √
Form 4. Dispute Disclosure √
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters
Primary Covered Transactions
√
Form 6. Bidder’s Qualifications Survey √
Form 7. Bid Form/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
Attachment C: Note: Provided as Separate Documents
No. 1, “Construction Plans” & No. 2 “Technical
Specifications,” prepared by EAC Consulting
Attachment D: American Rescue Plan Act (ARPA) Addendum
Attachment E: Performance and Payment Bond Forms
20 of 91 101
FORM 1
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Invitation to Bid, ITB No. PR2024-
07, “RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK”
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
21 of 91 102
FORM 1
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
___________________________________________
NAME OF BIDDER FIRM
____________________________________________
SIGNATURE OF BIDDER
____________________________________________
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
____________________________________________
____________________________________________
(____) ______________________________________
TELEPHONE NUMBER
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
22 of 91 103
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, __________, 2024 to the City of South Miami for ITB No. PR2024-07
“RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK” 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 ___________, 2024.
_______________________
Secretary
(SEAL)
23 of 91 104
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 ______________, 2024, to the City of South Miami
for ITB No. PR2024-07 “RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI
PARK” 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 ________, 2024.
_______________________
Secretary
(SEAL)
24 of 91 105
FORM 3
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY
THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR
BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE
BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE
TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED
TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE:
By:
For (Name of Proposing or Bidding Entity):
Whose business address is:
And (if applicable) its Federal Employer Identification Number (FEIN) is:
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn
statement. SS#: )
Americans with Disabilities Act Compliance Affidavit
The above named firm, corporation or organization is in compliance with and agrees to continue to comply
with, and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining
to employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
• The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section
553.501-553.513, Florida Statutes:
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Transit Act, as amended 49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601-3631.
Bidder Initials
25 of 91 106
Public Entity Crimes Affidavit
I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value under an arm’s length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term “person” includes those officers, directors, executives, and partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida
, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that
26 of 91 107
it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph 1 above is for that public entity only and that this form is valid through December 31 of the
calendar year in which it is filed. I also understand that I am required to inform the public entity prior to
entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes
for category two of any change in the information contained in this form.
Bidder Initials
No Conflict of Interest or Contingent Fee Affidavit
Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has
paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising
out of this solicitation. Bidder also warrants that neither it nor any principal, employee, agent,
representative nor family member has procured or attempted to procure this contract in violation of any
of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics
ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the
termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be
selected for the performance of this contract.
Bidder Initials
Business Entity Affidavit
Bidder hereby recognizes and certifies that no elected official, board member, or employee of the City of
South Miami (the " City”) shall have a financial interest directly or indirectly in this transaction or any
compensation to be paid under or through this transaction, and further, that no City employee, nor any
elected or appointed officer (including City board members) of the City, nor any spouse, parent or child
of such employee or elected or appointed officer of the City, may be a partner, officer, director or
proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer,
or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the
Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total
assets or capital stock of the Bidder. Any exception to these above described restrictions must be
expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder
recognizes that with respect to this transaction or bid, if any Bidder violates or is a party to a violation of
the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as
applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public
Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which
the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for
goods or services to City.
Bidder Initials
Anti-Collusion Affidavit
1. Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed
respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances
respecting the Bid/Bid;
27 of 91 108
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
8. 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.
9. 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.
10. The Bidder agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under the Agreement that may result from this ITB. As provided in
Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions
then they shall become inoperative.
Bidder Initials
Drug-Free Workplace Affidavit
Bidder hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with
drug-free workplace programs when two bids/Bid are equal with respect to price, quality, and service.
Bidder understands that in order to qualify as a drug-free workplace, Bidder must:
a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
b) Inform employees about the dangers of drug abuse in the workplace, the Bidder’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
28 of 91 109
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
1) Give each employee engaged in providing commodities or contractual services under the
ITB a copy of the statement specified in subsection (1).
2) Notify employees that, as a condition of working on the commodities or contractual
services under the ITB, the employee must abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter
893 or of any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later than five (5) days after such conviction.
3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee’s community, by any employee who
is so convicted.
4) Make a good faith effort to continue to maintain a drug-free workplace through the
implementation of this section.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the
requirements set forth under F.S. § 287.087.
The entity submitting this sworn statement is not a drug-free workplace.
Bidder Initials
City Non-Discrimination Requirements Affidavit
Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will
not enter into or award a contract to an entity engaged in a boycott.
Bidder understands that “Boycott” as defined under Section 3-1.1 of the Code of the City of South Miami
means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or
otherwise refuse to deal with a person or entity when the action is based on race, color, national origin,
religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a
discriminatory manner. The term boycott does not include a decision based upon business or economic
reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or
required by federal law or state law.
Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1.1 of the Code
of the City of South Miami.
Bidder Initials
Acknowledgment, Warranty, and Acceptance
1. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules
and regulations.
29 of 91 110
2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
ITB No. PR2023-17 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the City Commission or City Manager, as applicable.
4. Contractor warrants that all information provided by it in connection with this Bid is true and
accurate.
Bidder Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
30 of 91 111
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
31 of 91 112
FORM 4
DISPUTE DISCLOSURE
Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”,
please explain in the space provided, or on a separate sheet attached to this form.
1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES __________ NO __________
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
YES __________ NO __________
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES __________ NO __________
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and
state a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Bid or Bid for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
32 of 91 113
FORM 5
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal
Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small
Business Administration.
(1) The prospective primary participant certifies to the best of its knowledge and belief that
it and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective primary participant shall attach an explanation to this
Statement of Qualifications.
Entity Name: _________________________________________________________
Date: _________________________ By:
Signature of Authorized Representative
Name and Title of Authorized Representative
33 of 91 114
FORM 6
BIDDER’S QUALIFICATIONS SURVEY
COMPANY QUALIFICATIONS QUESTIONNAIRE
Please complete this Company Qualifications Questionnaire. By completing this form and submitting a
response to the ITB, you certify that any and all information contained in the bid is true, that your response
to the ITB is made without prior understanding, agreement, or connections with any corporation, firm or
person submitting a response to the ITB for the same materials, supplies, equipment, or services, is in all
respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the
ITB, and certify that you are authorized to sign for the Bidder’s firm.
Some responses may require the inclusion of separate attachments. Separate attachments should be as
concise as possible, while including the requested information. In no event should the total page count of
all attachments to this Form exceed five (5) pages. Some information may not be applicable; in such
instances, please insert “N/A”.
Firm Name
Principal Business Address
Telephone Number Facsimile Number
Email Address
Federal I.D. No. or Social Security Number
Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
How many years has the firm has been in business under its current name and ownership?
Please identify the Firm’s document number with the Florida Division of Corporations and date the Firm
registered/filed to conduct business in the State of Florida:
Document Number Date Filed
Please identify the Firm’s category with the Florida Department of Business Professional Regulation
(DBPR), DBPR license number, and date licensed by DBPR:
Category License No. Date Licensed
Please indicate the type of entity form of the Firm (if other, please describe):
□ Individual □ Partnership □ Corporation □ LLC □ LLP □ Other
Please identify the Firm’s primary business:
34 of 91 115
Please identify the number of continuous years your Firm has performed its primary business:
Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key
Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the
name of the entity that issued the license or certification:
License/Certification
Type
Name of Entity Issuing
License or Certification
License No. License Issuance Date
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm:
License/Certification
Type
Name of Entity Issuing
License or Certification
License No. License Issuance Date
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their
signing authority:
Authorized Signor’s Name Title Signing Authority Threshold
(All, Cost up to $X-Amount, No Cost, Other)
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.):
Total No. of Employees
Total No. of Managerial/Administrative
Employees
Total No. of Trades Employees by Trade
INSURANCE INFORMATION
Please provide the following information about the Firm’s insurance company:
Insurance Carrier Name Insurance Carrier Contact Person
Insurance Carrier Address Telephone No. Email
Has the Firm filed any insurance claims in the last five (5) years? □ No □ Yes If yes, please identify the
type of claim and the amount paid out under the claim:
FIRM OWNERSHIP
Please identify all Firm owners or partners, their title, and percent of ownership:
Owner/Partner Name Title Ownership (%)
35 of 91 116
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
□ No □ Yes If yes, please identify the name of the owner/partner, the other entity’s name, and percent
of ownership held by the stated owner/partner:
Owner/Partner Name Other Entity Name Ownership (%)
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public
entities:
Public Entity Contact Person Telephone No. Email Address Date Awarded
By signing below, Bidder certifies that the information contained herein is complete and accurate to the
best of Bidder’s knowledge.
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
36 of 91 117
FORM 7
BID FORM/SCHEDULE OF VALUES
ITB No. PR2024-07
NOTE:
Quantities are being provided for reference only. Contractors shall be responsible for
verifying all quantities and take-offs, utilizing the furnished plans. Contractor's total sum
shall reflect the inclusion of all improvements noted, drawn, specified and identified
throughout the plans, without exception or exclusions.
RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK
37 of 91 118
%$/sf
1 Gen Cond + GC OHP
2 Site Civil Work
Landscape and Irrigation
3 Concrete
4 Masonry
5 Steel/Metals
6 Wood and Plastics
7 Moisture Protection
8 Doors
9 Windows
Finishes
10 Specialties
12 Furnishings
15 Mechanical
HVAC
Fire Protection
Plumbing
16 Electrical
31 Earthworks
32 Exterior Improvements
33 Site Utilities
40 Process Integration
Construction Cost $$
Gross Area (SF)1,880 $/sf
May 24, 2023
South Miami Restrooms & Concessions
City of South Miami
EAC Consulting
1
38 of 91 119
SOUTH MIAMI RESTROOM & CONCESSION
Cost Estimate
NEW CONSTRUCTION
Quantity Unit Unit Cost Sub-Total
2 SITE WORK
SITE DEMOLITION
EARTHWORK
Building Pad 209 CY $$
Fine Grade and Compact Building Area 2,000 SF $$
Termite Treatment 1,880 SF $$
EARTHWORK SUB-TOTAL $
PAVING
Concrete Paths 82 SF $$
PAVING SUB-TOTAL $
SITE UTILITIES
Domestic Water 450 LF $$
Tie in Existing + Valve 1 EA $$
PVC Laterals 450 LF $$
Sanitary Sewer Utilities 1 $$
Fence 84 LF $$
SITE UTILITIES SUB-TOTAL $
LANDSCAPE - IRRIGATION
Irrigation (Repair allowance)1 LS $$
Sod (St. Augustine)4,000 SF $$
Trees and Shrubs 0 LS $$
$
SITE WORK TOTAL $
3 CONCRETE
Vapor retarder (frm Div 7)2,229 SF $$
Foundations 1,115 SF $$
Slab on Grade - 4"2,229 SF $$
CMU 1,115 CY $$
Concrete Roof / Joists 1,880 SF $$
Total Concrete 6,338 SF $$
CONCRETE TOTAL $
4 MASONRY
Masonry Walls 1,500 SF $$
MASONRY TOTAL $
5 METAL
Structural Steel Columns 6 EA $$
METAL TOTAL $
6 WOOD
Rough Carpentry 1,880 SF $$
WOOD TOTAL $
7 MOISTURE/THERMAL PROTECTION
Damproofing
Vapor retarder in Div. 3
Building Insulation
Exterior wall - rigid bd 1,500 SF $$
Sound attenuation batt 3,050 SF $$
Flat Roofing 1,880 SF $$
Flashing & Sheet Metal (SST)400 LF $$
LANDSCAPE - IRRIGATION SUB-TOTAL
24-May-24
City of South Miami
139 of 91 120
SOUTH MIAMI RESTROOM & CONCESSION
Cost Estimate
NEW CONSTRUCTION
Quantity Unit Unit Cost Sub-Total
24-May-24
City of South Miami
Roof Cants 100 LF $$
Downspouts 4 EA $$
Joint Sealers 1 LS $$
$
8 DOORS
Doors and Frames (HM) - NOA 5 EA $$
Roll up Doors with NOA 1 EA $$
Roll Down Grilles 100 SF $$
Finish Hardware 5 door $$
DOORS TOTAL $
8 WINDOWS
Windows 50 SF $$
Wall Louver 2 EA $$
WINDOWS TOTAL $
9 FINISHES
WALLS
Stucco 333 SY $$
FLOORS
Sealed Concrete 50 SF $$
Special Concrete 900 SF $$
Floor tile 690 SF $$
CEILINGS
Acoustical Panel Ceilings 400 SF $$
Hard Ceilings/soffits 400 SF $$
Exposed 50 SF $$
WALL COVERINGS
Wall Tile and Base 1,296 SF $$
Exterior Paint 1,500 SF $$
Interior Painting 2,850 SF $$
FINISHES TOTAL $
10 SPECIALTIES/BUILT-INS
Fire Extinguishers 2 EA $$
Fire Extingusher Cab.2 EA $$
Identifying Devices (Signs)5 door $$
Toilet Partitions
Regular compartments 4 EA $$
Urinal screens 2 EA $$
Toilet Accessories
paper towel dryer 8 EA $$
toilet tissue dispenser 4 EA $$
42" grab bars 2 EA $$
36" grab bars 2 EA $$
mirror 4 EA $$
soap dispensers 8 EA $$
baby-changing table 2 EA $$
Built-in Concessions Counter & Shelving 1 EA $$
SPECIAL TIES/BUILT-INS TOTAL $
MOISTURE/THERMAL PROTECTION TOTAL
140 of 91 121
SOUTH MIAMI RESTROOM & CONCESSION
Cost Estimate
NEW CONSTRUCTION
Quantity Unit Unit Cost Sub-Total
24-May-24
City of South Miami
15 MECHANICAL
Mobilization/Shops/Bonds 15%$$
Ductwork w. insulation 1 EA $$
2.0 Ton Mini Split 1 EA $$
Exhaust fans 1 EA $$
A/C grilles 8 EA $$
misc. supports, accessories 1 EA $$
Louvers 2 EA $$
Test/Bal 3%%$$
MECHANICAL TOTAL $
16 PLUMBING
Mobilization/Shops/Bonds 15%$
Water Closet 4 EA $$
Urinals 2 EA $$
Lavs 4 EA $$
Drinking fountains - hi-lo 1 EA $$
Janitor 1 EA $$
Shower 0 EA $$
Water Htrs 1 EA $$
Piping Plumbing 2 EA $$
Grease trap/ separator/ sampling port 1 EA $$
Drywell 1 EA $$
PLUMBING TOTAL $
16 ELECTRICAL
Mobilization/Shops/Bonds 15%$
Site Electrical Duct Bank 200 LF $$
Site Communications 200 LF $$
Panelboards, feeders, transformers 1,880 SF $$
Outlets 25 EA $$
Lighting 43 FIX $$
Telephone (empty conduit)1 EA $$
Intrusion detection 0 SF $$
Lightning Protection 1 EA $$
Grounding 1 EA $$
ELECTRICAL TOTAL $
31 EARTHWORKS
Clearing and Grubbing 1 LS $$
Removal of Concrete Type D Curb 3 SY $$
Subsoil Escavation 3,420 CY $$
Embankment 4,105 CY $$
Type B Stabilization (12 inches)770 SY $$
EARTHWORKS TOTAL $
32 EXTERIOR IMPROVEMENTS
Optional Base, Base Group 770 SY $$
Milling Existing Asphalt Pavement, 1" Avg
Depth 1,915 SY $$
Superpave Asphaltic Concrete, Traffic C,
PG76-22 190 TN $$
Inlets, DT, BOT, Type C, JBOT, <10 3 EA $$
French Drain, 18"130 LF $$
Concrete Curb, Type D 35 LF $$
141 of 91 122
SOUTH MIAMI RESTROOM & CONCESSION
Cost Estimate
NEW CONSTRUCTION
Quantity Unit Unit Cost Sub-Total
24-May-24
City of South Miami
Concrete Sidewalk, 4" Thick 10 SY $$
Detectable Warnings 20 SF $$
Performance Turf, Sod 1,250 SY $$
Signing and Pavement Markings 1 LS $$
EXTERIOR IMPROVEMENTS TOTAL $
33 SITE UTILITIES
Utility Pipe, Plug, & Out of Serv, 6"400 LF $$
Utility Pipe, Remove & Dispose, 6"25 LF $$
Utility Pipe Poly Vinyl Chloride, Furnish and
Install, 6"45 LF $$
Sanitary Sewer Cleanout, 6" PVC,Furnish
and Install 1 EA $$
Utility Pipe HDPE, Furnish, and Install 1.5"40 LF $$
Utility Pipe HDPE, Furnish, and Install 2"20 LF $$
Furnish, and Install 3/4" hosebib 1 EA $$
Utility Pipe Ductile Iron, Furnish, and Install,
4"240 LF $$
Utility Ductile Iron, Furnish, Install, 6"50 LF $$
Utility Ductile Iron, Furnish, Install, 8"1,270 LF $$
Utility Fitting, Elbow, Furnish, and Install 4"9 EA $$
Utility Fitting, Elbow, Furnish, and Install 6"4 EA $$
Utility Fitting, Elbow, Furnish, and Install 8"8 EA $$
Utility Fitting, Tee, Furnish, and Install 8"8 EA $$
Utility Fitting, Cap, Furnish, and Install, 6"1 EA $$
Utility Fitting, Cap, Furnish, and Install, 8"2 EA $$
Utility Fixture, Furnish and Install Line Stop
Assmebly, 6"2 EA $$
Utility Fixture, Furnish and Install Dual Meter
Box 2"2 EA $$
Utility Fixture, Furnish and Install Corp Stop
1.5"1 EA $$
Utility Fixture, Furnish and Install Tapping
Saddle 4"1 EA $$
Utility Fixture, Furnish and Install Tapping
Saddle 6"2 EA $$
Utility Fixture, Furnish and Install Tapping
Saddle 8"1 EA $$
Utility Fixture, Furnish and Install Valve
Assembly 4"2 EA $$
Utility Fixture, Furnish and Install Valve
Assembly 6"4 EA $$
Utility Fixture, Furnish and Install Valve
Assembly 8"6 EA $$
Utility Fixture, Furnish and Install Blowoff
Assembly 2"2 EA $$
Utility Fixture, Furnish and Install Sample
Point 8"2 EA $$
Lift Station everything inside the fence
Including Forcemain, fitting and
appurtenance up to the connection point
(Includes fence, electrical, structural).
Includes all work up to point of connection.
1 LS
$$
Fire Hydrants 2 EA $$
142 of 91 123
SOUTH MIAMI RESTROOM & CONCESSION
Cost Estimate
NEW CONSTRUCTION
Quantity Unit Unit Cost Sub-Total
24-May-24
City of South Miami
Fire Hydrant, Remove 1 EA $$
Utility Fixture, Furnish and Install Air Release
Valve 1 EA $$
SITE UTILITIES TOTAL $
40 PROCESS INTEGRATION
Utility Fixture, Furnish and Install Backflow
Assembly 1.5"1 EA $$
Utility Fixture, Furnish and Install Backflow
Assembly 4"1 EA $$
PROCESS INTEGRATION TOTAL $
SUB-TOTAL ALL TRADES $
GENERAL CONDITIONS ( for reference
only)
General Conditions and requirements $
As-builts $
CM Fee (6%)$
GLPD $
Builders Risk $
P&P Bond $
Other (See Note 2)$
GENERAL CONDITIONS TOTAL $
GRAND TOTAL $
NOTES
1.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 DISTURED ELEMENTS AND SURFACE
AREA DUE TO CONSTRUCTION ACTIVITIES AND DISPOSAL OF ALL DEBRIS AND MATERIAL OFF-SITE.
2. THE CONTRACTOR SHALL USE THIS ITEM TO WRITE DOWN THE ALL OF THE COSTS, EXPENSES, LABOR, MATERIAL,
EQUIPMENT OR ANY OTHER COSTS NOT ALREADY COVERED BY THE SCHEDULE OF VALUES BUT NEEDED TO COMPLETE
THE WORK, AS ENVISIONED AND INTENDED IN THE CONTRACT DOCUMENTS. CONTRACTOR TO PROVIDE A NARRATIVE OF
WHAT ITEMS ARE BEING COVERED UNDER THIS ITEM.
3. THIS SCHEDULE OF VALUES IS PART OF A SET OF CONSTRUCTION DOCUMENTS. THE GRAND TOTAL (BID PRICE) SHALL
MEAN THE PRICE TO COMPLETE THE WORK AS ENVISIONED BY THE CONTRACT DOCUMENTS IN ITS ENTIRETY.
143 of 91 124
SUBMITTED THIS
DAY OF 20____.
BID SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit Bid Fax Number
Signature Email Address
Title
44 of 91 125
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
45 of 91 126
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
46 of 91 127
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
47 of 91 128
ATTACHMENT A
SAMPLE OF CONTRACT
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made this day of
, 2024 (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. PR2024-07 (the “ITB”) for construction of
“RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK” (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 EAC Consulting (the “Project Consultant”) attached hereto as
Exhibit “C” (the “Design Plans & Specifications”) and any other documents incorporated
herein by reference and made a part of this Contract for the following Project:
“RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK”
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.
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
48 of 91 129
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.
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.
49 of 91 130
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.
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.
50 of 91 131
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 three hundred
(300) calendar days from the date specified in the Notice to Proceed (“Contract Time”).
Substantial Completion shall be defined for this purpose as the date on which City receives beneficial use
of the Project. The Work shall be fully completed in accordance with the Contract Documents
within three hundred (300) calendar days from the date specified in the Notice to Proceed
(“Final Completion Time”). The Final Completion date is defined as the date determined by the City
when all Work, including punch list items, has been completed in accordance with the Contract Documents
and Contractor has delivered to City all documentation required herein.
2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within
the Contract Time, Contractor shall pay to City the sum of $2,650.00 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 $2,650.00 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
51 of 91 132
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:
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
52 of 91 133
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.
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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
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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
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
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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 th an 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
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
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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 so le 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 (100%) of the Contract Price and each in the form provided
in the Contract Documents or in other form satisfactory to and approved in writing by City and
executed by a surety of recognized standing with a rating of B plus or better for bonds up to Two Million
Dollars. The surety providing such Bonds must be licensed, authorized and admitted to do business in
the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The
cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting
the Scope of the Work, the Contract Price, Contract Time or any of the provisions of the Contract
Documents is required by the provisions of any bond to be given to a surety, the giving of any such
notice shall be Contractor’s sole responsibility, and the amount of each applicable bond shall be adjusted
accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida
is terminated or it ceases to meet applicable law or regulations, the Contractor shall, within five (5) days
of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be
satisfactory to City. As authorized by Section 255.05(1)(a), Florida Statutes, if this Project is
exempt from posting of a payment and performance bond, the City shall select this box:
☐.
7. CONTRACTOR’S REPRESENTATIONS AND WARRANTIES
7.1. In order to induce the City to enter into this Contract, the Contractor makes the following
representations and warranties:
7.1.1. Contractor represents the following:
7.1.1.1. Contractor has examined and carefully studied the Contract Documents and the
other data identified in the bidding documents, including, without limitation, the “technical
data” and plans and specifications and the Plans.
7.1.1.2. Contractor has visited the Project site and become familiar with and is satisfied as to
the general and local conditions and site conditions that may affect cost, progress,
performance or furnishing of the Work.
7.1.1.3. Contractor is familiar with and is satisfied as to all federal, state and local laws,
regulations and permits that may affect cost, progress, performance and furnishing of the
Work. Contractor agrees that it will at all times comply with all requirements of the foregoing
laws, regulations and permits.
7.1.1.4. Contractor has made, or caused to be made, examinations, investigations, tests
and/or studies as necessary to determine surface and subsurface conditions at or on the site.
Contractor acknowledges that the City does not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with
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.
7.1.1.7. Contractor has given City written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to Contactor, and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications
and skills to perform the Work and that the Work shall be executed in a good and
workmanlike manner, free from defects, and that all materials shall be new and approved by
or acceptable to City, except as otherwise expressly provided for in the Contract Documents.
The Contractor shall cause all materials and other parts of the Work to be readily available
as and when required or needed for or in connection with the construction, furnishing and
equipping of the Project.
7.2. No recovery for changed market conditions.
7.2.1. In entering into the Contract, Contractor represents and warrants that it has accounted
for any and all inflation-related events, recession, labor or material shortages, supply chain
disruptions, delivery lead time, or price increases that may be caused by local and or national
conditions, whether known or unknown at the time of entering into the Contract (the “Market
Conditions”). Contractor further specifically represents and warrants that it has considered all
impacts and potential impacts, including any current and future supply chain disruptions and labor
shortages, associated with the following events: (1) worldwide pandemics including, but not limited
to, COVID-19 and Monkey Pox (the “Pandemics”) and (2) the current military conflict involving
Russia and the Ukraine (the “Ukraine Military Conflict”). Contractor also represents and warrants
that in determining time requirements for procurement, installation, and construction completion,
Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the
Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and
Contract Sum.
7.2.2. Contractor shall not seek any price increases or time extensions relating to or arising from
the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict.
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7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the
Contract Time in connection with any failure by the Contractor to comply with the requirements
of this Section.
7.3. Contractor warrants the following:
7.3.1. Anti-Discrimination. Contractor agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit or service under
this Contract because of race, color, religion, sex, national origin, or physical or mental handicap
where the handicap does not affect the ability of an individual to perform in a position of
employment, and agrees to abide by all federal and state laws regarding non-discrimination.
7.3.2. Anti-Kickback. Contractor warrants that no person has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, and that no employee or officer of the City has any interest,
financially or otherwise, in the Project. For breach or violation of this warranty, the City shall have
the right to annul this Contract without liability or, in its discretion, to deduct from the Contract
Price or consideration, the full amount of such commission, percentage, brokerage or contingent
fee.
7.3.3. Licensing. Contractor represents that it is a properly qualified and licensed contractor in
good standing within the jurisdiction within which the Project is located. Contractor warrants
that it shall have, prior to commencement of Work under this Contract and at all times during
said Work, all required licenses from the federal, state, Miami-Dade County, City, or other
governmental or regulatory entity. Contractor acknowledges that it is the obligation of
Contractor to obtain all licenses required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
licenses.
7.3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under
this Contract and at all times during said Work, all required permits from the federal, state, Miami-
Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that
are necessary to perform the Work. Contractor acknowledges that it is the obligation of
Contractor to obtain all permits required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
permits. City building permit fees may be waived for this Project. If permits are required by any
other governing body or agency, the Contractor shall be obligated to pay the fees.
7.4. Defective Work; Warranty and Guarantee.
7.4.1. City shall have the authority to reject or disapprove Work which the City finds to be
defective. If required by the City, Contractor shall promptly either correct all defective Work or
remove such defective Work and replace it with non-defective Work. Contractor shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing laboratories
and personnel.
7.4.2. Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within the time
indicated in writing by the City or its designee, City shall have the authority to cause the defective
Work to be removed or corrected, or make such repairs as may be necessary at Contractor's
expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of failure of
Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default.
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7.4.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment
furnished and Work performed for a period of three (3) years from the date of Substantial
Completion. If, within three (3) years after the date of substantial completion, any of the Work is
found to be defective or not in accordance with the Contract Documents, Contractor, after receipt
of written notice from City, shall promptly correct such defective or nonconforming Work within
the time specified by City without cost to City. Should the manufacturer of any materials and
equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty
to the City prior to Final Completion. Nothing contained herein shall be construed to establish a
period of limitation with respect to any other obligation which Contractor might have under the
Contract Documents including but not limited to any claim regarding latent defects. Contractor shall
provide and assign to City all material and equipment warranties upon completion of the Work
hereunder.
7.4.4. Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered.
8. DEFAULT, TERMINATION, AND SUSPENSION; REMEDIES
8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work
with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the
Work within the Contract Time or Final Completion Time as specified in Section 2, or shall perform the
Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution
of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term
set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or
commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or
from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon
seven (7) days after sending Contractor a written Notice of Termination, terminate the services of
Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work,
appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable,
and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not
be entitled to receive any further payment until the Project is completed. All damages, costs and charges
incurred by City, together with the costs of completing the Project, shall be deducted from any monies due
or which may become due to Contractor. In case the damages and expenses so incurred by City shall
exceed monies due Contractor from City, Contractor shall be liable and shall pay to City the amount of
said excess promptly upon demand therefore by City. In the event it is adjudicated that City was not entitled
to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed
terminated by City for convenience as described below.
8.2. Termination for Convenience. This Contract may be terminated by the City for convenience
upon seven (7) calendar days’ written notice to the Contractor. In the event of such a termination, the
Contractor shall incur no further obligations in connection with the Project and shall, to the extent
possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated
for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly
submit to the City its Application for Payment for final payment which shall comply with the provisions
of the Contract Documents.
8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon
seven (7) calendar days’ written notice to the Contractor or immediately if suspended in connection
with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to
additional Contract Time as a non-compensable, excusable delay.
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8.4. Termination Due to Lack of Funding. This Contract is subject to the conditions precedent that:
(i) City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price;
(ii) the City secures and obtains any necessary proceeds, grants, and/or loans for the accomplishment of
the Work and/or the Project pursuant to any borrowing legislation adopted by the City Council relative to
the Project; and (iii) City Council enacts legislation which awards and authorizes the execution of this
Contract if such is required.
8.5. No Damages for Delay. No claim for damages or any claim, other than for an extension of time
shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an increase
in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to, costs of acceleration or
inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled
only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay.
8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of
which shall be the subject of any Change Order or Claim and none of which shall be compensated for
except as they may have been included in the Contractor’s Contract Price as provided in the Contract
Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business
opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid,
inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare,
negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential
costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted
Work.
8.7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation.
8.8. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder and in accordance with this Contract shall be in addition to
and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by
law.
9. CHANGES IN THE WORK
9.1. Change Orders.
9.1.1. Without invalidating the Contract Documents, and without notice to any Surety, the City
reserves the right to make increases, decreases or other changes in the character or quantity of the
Work under the Contract Documents as may be considered necessary or desirable to complete the
Work in a manner satisfactory to the City. The City reserves the right to order changes, which may
result in additions to or reductions from the amount, type or value of the Work shown in the
Contract, and which are within the general scope of the Contract Documents, and all such changes
will be authorized only by a change order (“CO”) approved in advance, and issued in accordance with
provisions of the Contract Documents.
9.1.2. For Contractor initiated change orders, the Contractor is required to provide the Project
Consultant with a detailed Request for Change Order (“RCO”) in a form approved by the City,
which must include the requested revisions to the Contract, including, but not limited to, adjustments
in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting
documentation to demonstrate the reasonableness of the RCO. The City may require Contractor
to provide additional data including, but not limited to, a cost breakdown of material costs, labor
costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable,
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the RCO must include any schedule revisions accompanied by an explanation of the cost impact of
the proposed change. Failure to include schedule revisions in an RCO will be deemed as the
Contractor’s acknowledgement that the changes included in an RCO will not affect the project
schedule.
9.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price, must be
effectuated through a written CO executed by both parties and, if required by the City Code of
Ordinances, approved by the City Council.
9.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given
that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to
proceed on a time and materials basis or make such arrangements as may be deemed necessary to
complete the proposed additional Work at the unit prices provided in the Contract Documents.
Where the City directs the Contractor to proceed on a time and materials basis, the City shall
impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all
labor and material costs including but not limited to payroll records and material receipts. Contractor
must demonstrate its costs with sufficient evidence to be entitled to compensation from the City.
9.2. Continuing the Work. Contractor must continue to perform all Work under the Contract
Documents during all disputes or disagreements with City, including disputes or disagreements concerning
an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements.
10. MISCELLANEOUS
10.1. No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part
without the written consent of the other, nor shall Contractor assign any monies due or to become due
to it hereunder, without the previous written consent of the City Manager.
10.2. Contractor’s Responsibility for Damages and Accidents.
10.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of any
nature sustained until final acceptance by City and shall promptly repair any damage done from any
cause.
10.2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the
Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or
destroyed prior to final acceptance by City, Contractor shall replace same without cost to City.
10.3. Governing Law. This Contract shall be construed in accordance with and governed by the laws
of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in
Miami-Dade County, Florida.
10.4. Waiver of Jury Trial. CITY AND CONTRACTOR KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY
JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION,
PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR
CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE
CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY.
10.5. Prevailing Party; Attorneys’ Fees. In the event of any controversy, claim, dispute or litigation
between the parties arising from or relating to this Contract (including, but not limited to, the
enforcement of any indemnity provisions), the prevailing party shall be entitled to recover from the non-
prevailing party all reasonable costs, expenses, paralegals’ fees, experts’ fees and attorneys' fees including,
but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the
prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated
63 of 91 144
with discovery, processing, management, hosting, and production of electronically stored information
(ESI).
10.6. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in
particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this
Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed
to be incorporated herein.
10.7. Examination and Retention of Contractor’s Records.
10.7.1. The City or any of its duly authorized representatives shall, for five (5) years after final
payment under this Contract, have access to and the right to examine any of the Contractor’s books,
ledgers, documents, papers, or other records involving transactions related to this Contract for the
purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees
to comply specifically with the provisions of Section 119.0701, Florida Statutes.
10.7.2. The Contractor agrees to include in any subcontractor contracts for this Project
corresponding provisions for the benefit of City providing for retention and audit of records.
10.7.3. The right to access and examination of records stated herein and in any subcontracts shall
survive termination or expiration of this Contract and continue until disposition of any mediation,
claims, litigation or appeals related to this Project.
10.7.4. The City may cancel and terminate this Contract immediately for refusal by the Contractor
to allow access by the City Manager or designees to any Records pertaining to work performed
under this Contact that are subject to the provisions of Chapter 119, Florida Statutes.
10.8. Authorized Representative.
10.8.1. Before commencing the Work, Contractor shall designate a skilled and competent
authorized supervisor and representative (“Authorized Representative”) acceptable to City to
represent and act for Contractor and shall inform City, in writing, of the name and address of
such representative together with a clear definition of the scope of his authority to represent and
act for Contractor. Contractor shall keep City informed of any subsequent changes in the
foregoing. Such representative shall be present or duly represented at the Project site at all times
when Work is actually in progress. All notices, determinations, instructions and other
communications given to the authorized representatives of Contractor shall be binding upon the
Contractor.
10.8.2. The Authorized Representative, project managers, superintendents and supervisors for
the Project are all subject to prior and continuous approval of the City. If, at any time during the
term of this Contract, any of the personnel either functionally or nominally performing any of the
positions named above, are, for any reasonable cause whatsoever, unacceptable to the City,
Contractor shall replace the unacceptable personnel with personnel acceptable to the City.
10.9. Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may
be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof
shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all
payroll deductions required by law. Contractor herein indemnifies and holds the City harmless from
any liability on account of any and all such taxes, levies, duties and assessments.
10.10. Utilities. Contractor shall, at its expense, arrange for, develop and maintain all utilities at the
Project to perform the Work and meet the requirements of this Contract. Such utilities shall be
furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor
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shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the
requirements of this Contract.
10.11. Safety. Contractor shall be fully and solely responsible for safety and conducting all operations
under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and
damage to property and in full compliance with Occupational Safety and Health Act requirements and
all other similar applicable safety laws or codes. Contractor shall continually and diligently inspect all
Work, materials and equipment to discover any conditions which might involve such risks and shall be
solely responsible for discovery and correction of any such conditions. Contractor shall have sole
responsibility for implementing its safety program. City shall not be responsible for supervising the
implementation of Contractor's safety program, and shall not have responsibility for the safety of
Contractor's or its subcontractor's employees. Contractor shall maintain all portions of the Project site
and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors
performing Work comply with the foregoing safety requirements.
10.12. Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean
and safe condition. Upon completion of any portion of the Work, Contractor shall promptly remove all
of its equipment, construction materials, temporary structures and surplus materials not to be used at
or near the same location during later stages of Work. Upon completion of the Work and before final
payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials
and other equipment and materials belonging to it or used in the performance of the Work and
Contractor shall leave the Project in a neat, clean and safe condition. In the event of Contractor's failure
to comply with the foregoing, the same may be accomplished by City at Contractor's expense.
10.13. Liens. Contractor shall not permit any mechanic’s, laborer’s or materialmen’s lien to be filed against
the Project site or any part thereof by reason of any Work, labor, services or materials supplied or claimed
to have been supplied to the Project. In the event such a lien is found or claimed against the Project,
Contractor shall within ten (10) days after notice of the lien discharge the lien or liens and cause a
satisfaction of such lien to be recorded in the public records of Miami-Dade County, Florida, or cause
such lien to be transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court
of Miami-Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event
Contractor fails to so discharge or bond the lien or liens within such period as required above, City
shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally,
City shall thereafter have the right, but not the obligation, to retain out of any payment then due or to
become due Contractor, one hundred fifty percent (150%) of the amount of the lien and to pay City ’s
reasonable attorneys' fees and costs incurred in connection therewith.
10.14. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes,
and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including
execution of any required affidavit.
10.15. Independent Contractor. The Contractor is an independent contractor under the Contract.
This Contract does not create any partnership nor joint venture. Services provided by the Contractor shall
be by employees of the Contractor and subject to supervision by the Contractor, and not as officers,
employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures, applicable to services
rendered under the Contract shall be those of the Contractor.
10.16. Notices/Authorized Representatives. Any notices required by this Contract shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered
or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed
to the parties (or their successors) at the addresses listed on the signature page of this Contract or
such other address as the party may have designated by proper notice.
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10.17. Ownership and Access to Records and Audits.
10.17.1. Contractor acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and all similar
or related information (whether patentable or not) which relate to Services to the City which are
conceived, developed or made by Contractor during the term of this Contract (“Work Product”)
belong to the City. Contractor shall promptly disclose such Work Product to the City and
perform all actions reasonably requested by the City (whether during or after the term of this
Contract) to establish and confirm such ownership (including, without limitation, assignments,
powers of attorney and other instruments).
10.17.2. Contractor agrees to keep and maintain public records in Contractor’s possession or
control in connection with Contractor’s performance under this Contract. The City Manager or
her designee shall, during the term of this Contract and for a period of five (5) years from the
date of termination of this Contract, have access to and the right to examine and audit any records
of the Contractor involving transactions related to this Contract. Contractor additionally agrees
to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of the
Contract, and following completion of the Contract until the records are transferred to the City.
10.17.3. Upon request from the City’s custodian of public records, Contractor shall provide the
City with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law.
10.17.4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Contract are and shall remain the property of the City.
10.17.5. Upon completion of this Contract or in the event of termination by either party, any
and all public records relating to the Contract in the possession of the Contractor shall be
delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Contractor shall be delivered to the City in a format
that is compatible with the City’s information technology systems. Once the public records have
been delivered upon completion or termination of this Contract, the Contractor shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
10.17.6. Any compensation due to Contractor shall be withheld until all records are received as
provided herein.
10.17.7. Contractor’s failure or refusal to comply with the provisions of this section shall result
in the immediate termination of this Contract by the City.
10.17.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address: 6130 Sunset Drive
South Miami, FL 33143
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Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
10.18. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all
contractors doing business with the City to register with and use the E -Verify system to verify the work
authorization status of all newly hired employees. The City will not enter into a contract unless each party
to the contract registers with and uses the E-Verify system. The contracting entity must provide of its
proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s
participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-
my-participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges
that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by
Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated herein.
11. SPECIAL CONDITIONS
The following provisions in this Section 10 supersede any other provisions contained in this Contract only
to the extent of any conflict with same. These provisions are particular to a given transaction and are
transaction specific:
11.1. Unsatisfactory Personnel.
11.1.1. Contractor must at all times enforce strict discipline and good order among its employees
and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or
anyone not skilled in the Work to which they are assigned.
11.1.2. The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Subcontractor
engaged by the Contractor to provide and perform services or Work pursuant to the requirements
of the Contract Documents. The Contractor must respond to the City within five (5) calendar days
of receipt of such request with either the removal and replacement of such personnel or written
justification as to why that may not occur. The City will make the final determination as to the
removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any
of such individual(s) does not require the termination or demotion of said individual(s).
11.2. Hours of Work. Contractor shall conform to and obey all applicable laws, regulations, or ordinances
with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall
conduct its operations so as not to interfere with or close any thoroughfare, without the written consent
of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in
accordance with the requirements and limitations of applicable law including, without limitation, the City
Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above
without the prior written approval of the City.
11.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law,
or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic (“MOT”)
must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further
stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department
of Transportation, FHWA), must be followed in the design, application, installation, maintenance and
removal of all traffic control devices, warning devices and barriers necessary to protect the public and
workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and
protected at all times. Prior to commencement of the Work, Contractor must provide the City with a
proposed MOT plan for review. The City may require revisions to the proposed MOT plan. The MOT plan
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must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the
issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays
resulting from its failure to provide the required MOT plan.
11.4. Royalties and Patents. All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner
be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract
for said Work.
11.5. Substitutions. Substitution of any specified material or equipment requires the prior written
acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient
information and documentation to the Project Consultant to allow for a thorough review and determination
on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the
Contractor’s responsibility to meet the requirements of the Contract Documents. The City may require
an adjustment in price based on any proposed substitution.
11.6. Severe Weather Preparedness. During such periods of time as are designated by the United
States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch
or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work
in response to all threatened storm events, regardless of whether the Contractor has been given notice of
same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather
event or alert precautions will not constitute additional work. Suspension of the Work caused by a
threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle
the Contractor to additional Contract Time as non-compensable, excusable delay.
11.7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the
Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds
allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). Towards that end, the
Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including
any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as
further detailed in the ARPA Contract Conditions. If compliance with the ARPA Addendum is
required, the City shall select this box: ☒.
11.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded
utilizing funds from the grants listed below (each a “Grant”). Accordingly, the Contractor warrants and
represents that it has reviewed the terms and conditions for each Grant and will perform the Work in
accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant
funds, the City shall select this box: ☐.
Grant Title Grant Agreement Exhibit
If the Work will be funded utilizing Grant funds, the City shall select this box:.
11.9. DBE Contract Assurance.
11.9.1. The City affirms it has encouraged women-owned, minority-owned, and disadvantaged
businesses of the Project and be responsive to the opportunity of the award of this Contract.
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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.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year as first stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
CONTRACTOR
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(email)
With a copy to:
(telephone)
(email)
70 of 91 151
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
71 of 91 152
NOTICE TO PROCEED
Dated: , 20
To: `
Project Name: “RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK”
You are hereby notified that the Contract Times under the above Contract will commence to run on
___________, 2024. 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 , 2024 and
__________________, 2024, ____/____ 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:
72 of 91 153
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.
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ATTACHMENT C
NOTE: PROVIDED AS A SEPARATE DOCUMENTS
NO. 1 “CONSTRUCTION PLANS”
NO. 2 “TECHNICAL SPECIFICATIONS”
Prepared by:
EAC Consulting
74 of 91 155
ATTACHMENT D
ADDENDUM:
AMEREICAN RESCUE PLAN ACT (ARPA)
75 of 91 156
City of South Miami, FL Page 1 of 12
ATTACHMENT D
AMERICAN RESCUE PLAN ACT ADDENDUM TO
RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK
BETWEEN
THE CITY OF SOUTH MIAMI
AND
[NAME OF ENTITY]
THIS ADDENDUM to the RESTROOM-CONCESSION FACILITY BUILD AT
SOUTH MIAMI PARK (the “Addendum”) is entered into as of the day of
, 2024 (the “Effective Date of this Addendum”), by and between the CITY OF SOUTH
MIAMI, a Florida municipal corporation, (the “City”) and NAME OF ENTITY, a [State] [type
of entity] [if out of state entity, add and confirm that the entity is: authorized to do business in
Florida] (hereinafter, the “Contractor”). Collectively, the City and the Contractor are referred to
as “Parties.”
WHEREAS, on [DATE], the City entered into a Construction Agreement (the
“Agreement”) with the Contractor for the Construction Services related to the RESTROOM-
CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK project(s) for contractor to
implement] (the “Project”), as further defined in the Agreement; and
WHEREAS, on March 11, 2021, the federal government adopted the American Rescue
Plan Act (“ARPA”), which, among other things, provides local governments with emergency
COVID-19 funding; and
WHEREAS, the City desires to utilize ARPA funding to implement the Project; and
WHEREAS, in order to utilize ARPA funding for the Project, the City desires to
incorporate federally required contract provisions relating to ARPA into the Agreement, as set
forth in this ARPA Addendum; and
WHEREAS, the City and Contractor wish to modify the terms of the Agreement in
accordance with the terms and conditions set forth in this ARPA Addendum.
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein,
the City and Contractor agree as follows:1
1. Recitals Incorporated. The above recitals are true and correct and incorporated herein.
2. American Rescue Plan Act Provisions. The Agreement is hereby amended by adding the
following provisions to the Agreement:
1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words.
76 of 91 157
City of South Miami, FL Page 2 of 12
2.1. Mandated Federal Agreement Conditions.
2.1.1. In connection with the performance of this Agreement, Contractor acknowledges
that compensation for the Project services under this Agreement shall be fully or partially
funded using the Coronavirus State and Local Fiscal Recovery Funds allocated to the Ci ty
pursuant to the American Rescue Plan Act. As such, Contractor shall comply with all laws,
rules, regulations, policies, and guidelines (including any subsequent amendments to such
laws, regulations, policies, and guidelines) required by the American Rescue Plan Act,
including, but not limited to the following documents and guidelines, which are incorporated
herein and made a part of this Agreement:
ARPA Exhibit 1.Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200), as applicable and as may
be amended from time to time;
ARPA Exhibit 2.The U.S. Department of the Treasury’s Final Rule governing ARPA, dated
January 27, 2022;
ARPA Exhibit 3.U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery
Funds Award Terms and Conditions (Assistance Listing Number 21.019);
ARPA Exhibit 4.The U.S. Department of the Treasury’s Coronavirus State and Local Fiscal
Recovery Funds Frequently Asked Questions, dated April 27, 2022;
ARPA Exhibit 5.American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund
Agreement between the City and the State of Florida, Division of Emergency
Management;
ARPA Exhibit 6.The U.S. Department of the Treasury’s ARPA Compliance and Reporting
Guidance, dated June 17, 2022; and
ARPA Exhibit 7.Assurances of Compliance with Civil Rights Requirements.
A copy of the above-referenced documents are available for inspection by the Contractor at the
Office of the City Clerk and at the following City link: ARPA EXHIBITS, Exhibit 1 through
Exhibit 7 Listed Above in Section 2.11:
https://southmiamiflgov-
my.sharepoint.com/:f:/g/personal/skulick_southmiamifl_gov/EqZe4BSydzhJlKcTTEKz1x
EBXe_9fwkGvYlOaDEq6qrosw?e=5fwsTC
2.1.2. Title VI Requirements. Contractor acknowledges that the City has certified
compliance with Title VI of the Civil Rights Act of 1964 to the U.S. Department of the
Treasury on the form incorporated herein as ARPA Exhibit 7. Towards that end, Contractor
shall ensure that performance of work in connection with this Agreement complies with the
certifications and requirements contained in ARPA Exhibit 7 and shall also adhere to the
following provisions:
(1) The Contractor and its subcontractors, successors, transferees, and assignees shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
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federal financial assistance from excluding from a program or activity, denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement. Title VI also includes protection to persons with
“Limited English Proficiency” in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a part of this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor
shall undertake an active program of nondiscrimination in its administration of the
Work under this Agreement.
2.1.3. Americans with Disabilities Act Requirements. The Contractor agrees to comply
with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government services,
and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Agreement.
2.1.4. Age Discrimination Act of 1975. Contractor shall comply with the requirements of
42 U.S.C. §§ 6101 et seq., as amended, and the Treasury’s implementing regulations (31 CFR
Part 23), which prohibits the discrimination on the basis of age in programs or activities under
this Agreement.
2.1.5. Protections for Whistleblowers.
(1) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of
a contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i.A Member of Congress or a representative of a committee of Congress.
ii.An Inspector General
iii.The Government Accountability Office.
iv.A Federal employee responsible for contract or grant oversight or management at
the relevant agency.
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v.An authorized official of the Department of Justice or other law enforcement
agency.
vi.A court or grand jury.
vii.A management official or other employee of the Contractor, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
2.1.6. Compliance with Immigration and Nationality Act (INA). Contractor hereby
certifies that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act (“INA”)].
2.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor
shall adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Contractor and
its employees while performing the Work.
2.1.8. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225,
Contractor shall adopt and enforce policies that ban text messaging while driving and
workplace safety policies designed to decrease accidents caused by distracted drivers.
2.1.9. Publication. Contractor shall obtain approval from the City in writing prior to
issuing any publications in connection with this Agreement. If approved by the City, the
Contractor shall include the following language in any and all publications issued:
“This Project is [being funded/was supported] in part by federal award number
(FAIN) [Insert Project FAIN] awarded to City of South Miami by the U.S.
Department of the Treasury.”
2.1.10. Reporting Conflict of Interests. Contractor agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any
potential conflicts of interest affecting the use of funds awarded under the American
Rescue Plan Act in accordance with 2 CFR 200.112.
2.2. Compliance with Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Final Rule
and other guidelines provided in connection with the American Rescue Plan Act, Contractor
shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to:
2.2.1. Equal Employment Opportunity Compliance. During the performance of this
Agreement, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
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origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of pay or other forms of compensation; and
d. selection for training, including apprenticeship
The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of
Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
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by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
2.2.2. Contract Work Hours and Safety Standards Act Compliance. During the
performance of this Agreement, the Contractor shall comply with the provisions of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as
follows:
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (1) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States, for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
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(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the U.S. Department
of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such contract or any
other Federal contract with the same Contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same Contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
2.2.3. Clean Air Act Compliance. During the performance of this Agreement, the
Contractor shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as
amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.4. Federal Water Pollution Control Act Compliance. During the performance of this
Agreement, the Contractor shall comply with the provisions of Federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.5. Debarment and Suspension Compliance. During the performance of this
Agreement, the Contractor warrants that Contractor or its subcontractors are not debarred,
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suspended, or otherwise ineligible for contract awards under Executive Orders 12549 and
12689. Contractor shall comply with the following provisions:
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury’s implementing regulations at 31 CFR Part 19, and 2
C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Contractor further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
(5) Contractor certifies that they:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under 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.
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Contractor is unable to obtain and provide such certification, then the Contractor
shall attach an explanation to this Agreement as to why not.
2.2.6. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). During the
performance of this Agreement, the Contractor and its subcontractors shall comply with the
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provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended).
Specifically, Contractor represents and warrants as follows:
(1) No Funds received by the Contractor under this Agreement have been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any monies, other than Funds received by Contractor under this Agreement, have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Contractor shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions.
(3) The Contractor shall require that this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all such sub-recipients shall certify
and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
2.2.7. Copeland “Anti-Kickback” Act. During the performance of this Agreement, the
Contractor and its subcontractors shall comply with the provisions of the Copeland “Anti-
Kickback” Act as follows:
(1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by
reference into this Agreement.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
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(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
2.2.8. Procurement of Recovered Materials. Contractor shall comply with the provisions
of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in
the performance of this Agreement, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items, unless the product cannot be
acquired: (1) competitively within a timeframe providing for compliance with the contract
performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable
price.
Information about this requirement, along with the list of EPA-designated items, is available
at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
2.2.9. Domestic Preferences for Procurements. To the greatest extent practicable,
Contractor and its subcontractors shall provide preference for the purchase, acquisition, or use
of goods, products, or materials produced in the United States, in accordance with 2 CFR
200.322, “Domestic preferences for procurements.”
2.2.10. 2 CFR Subpart F – Audit Requirements. Contractor shall assist the City in
complying with the audit requirements under 2 CFR Subpart F – Audit Requirements (“Federal
Audit Provisions”) and the reporting requirements of the U.S. Department of the Treasury’s
Final Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(1) Contractor shall assist the City in complying with the Federal Audit Provisions by
providing the City, the State of Florida, the U.S. Department of the Treasury, the
Treasury Office of the Inspector General, the Government Accountability Office, or
other federal government entities, and any of their duly authorized representatives,
access to personnel, accounts, books, records, supporting documentation, and other
information relating to the performance of the Agreement or the Work
(“Documentation”) necessary to complete federal audits. Contractor shall promptly
assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Contractor shall keep all Documentation up-to-date throughout the performance of this
Agreement and the Work. Contractor shall provide the City with all Documentation for
each fiscal year by October 1 of each year or within five days of the completion of the
Work, whichever occurs first. Contractor shall assist the City in complying with
additional guidance and instructions issued by the U.S. Department of the Treasury
governing the reporting requirements for the use of American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Funds.
3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the terms
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and provisions of this Addendum and the terms and provisions of the Agreement, the terms
and provisions of this Addendum shall control.
4. Agreement Ratified. Except as otherwise specifically set forth or modified herein, all terms
in the Agreement are hereby ratified and affirmed and shall remain unmodified and in full
force and effect in accordance with its terms.
5. Defined Terms. All initial capitalized terms used in this Addendum but not otherwise defined
herein shall have the same meaning ascribed thereto in the Agreement.
6. Counterparts. This Addendum may be executed in counterparts, each of which shall be
deemed an original, but all of which, when taken together, shall constitute one and the same
instrument. An executed facsimile or electronic copy of this Addendum shall have the same
force and effect as an original hereof.
[Remainder of page intentionally left blank. Signature pages follow.]
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IN WITNESS WHEREOF, the parties hereto have caused this Addendum 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)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
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ATTACHMENT E
FORM OF PAYMENT AND PERFORMANCE BONDS
PAYMENT BOND
BY THIS BOND, we, , as Principal,
(the “Contractor”) and , as Surety, are bound to
the City of South Miami (the “City”), as Obligee, in the amount of Dollars
($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract pursuant to ITB No.
PR2024-07, which was awarded on , 2024, pursuant to Resolution No.
, with the City, which contract documents are by reference incorporated herein and made a part
hereof, and specifically include provision for liquidated and other damages, and for the purpose of this
Bond are referred to as the “Contract.”
NOW, THEREFORE, THE CONDITION OF THIS PAYMENT BOND/OBLIGATION are that if
Contractor shall promptly make payment to all claimants, as herein below defined, then this obligation
shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and
conditions:
1. A claimant is defined as any person supplying the Principal with labor, material and supplies, used
directly or indirectly by the said Principal or any subcontractor in the prosecution of the work
provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes; and
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of
ninety (90) days after performance of the labor or after complete delivery of materials and
supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to
final judgment for such sum or sums as may be justly due claimant, and have execution thereon.
The Owner shall not be liable for the payment of any costs or expenses of any such suit; and
3. No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct contract with the Principal, shall within
forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution
of the work, furnish the Principal with a notice that he intends to look to this bond for
protection;
b. Unless claimant, other than one having a direct contract with the Principal, shall within
ninety (90) days after such claimant's performance of the labor or complete delivery of
materials and supplies, deliver to the Principal written notice of the performance of
such labor or delivery of such material and supplies and the nonpayment therefore;
c. After the expiration of one (1) year from the performance of the labor or completion of
delivery of the materials and supplies; it being understood, however, that if any limitation
embodied in this Bond is prohibited by any law controlling the construction hereof such
limitations shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law;
d. Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is situated, or
in the United States District Court for the district in which the project, or any part thereof,
is situated, and not elsewhere.
4. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner
may be compelled to pay because of any lien for labor or materials furnished for any work included
in or provided by said Contract.
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5. The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration of or addition to the terms of the Contract or to the work to be performed thereunder
or the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the
Surety hereby waives notice of any such change, extension of time, alterations of or addition to
the terms of the Contract, or to the work or to the Specifications.
6. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide
General Policyholder's rating of " " and Financial Category of "Class
”.
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals,
this day of 2024, A.D., the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
WITNESS: If Sole Ownership or Partnership, two (2) Witnesses Required; If Corporation, Secretary
Only will attest and affix seal.
FOR THE CONTRACTOR:
WITNESS:
Secretary Name of Corporation
By:
(Affix Corporate Seal) Print Name:
Title:
FOR THE SURETY:
WITNESS:
Agent and Attorney-in-Fact
Print Name:
Title:
Address:
Telephone:
89 of 91 170
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as Principal in the
within Bond; that who signed the said bond on behalf of the Principal, was then
of said Corporation; that I know his/her signature, and his/her signature hereto is genuine;
and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority
of its governing body.
(Affix Corporate Seal)
Corporate Secretary
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Firm:
State of Florida
County of
Before me, a Notary Public, duly commissioned, qualified and acting, appeared
by means of physical presence or online notarization who being by me first duly sworn
upon oath, says that s/he is the Attorney-in-Fact, for the and that s/he
has been authorized by to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of South Miami, Florida
Sworn and subscribed to before me this day of , 20 .
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
(Attach Power of Attorney)
90 of 91 171
END OF DOCUMENT
91 of 91 172
173Tabulation Sheet August 23, 2024 Revised Tabulation Sheet S.Kulick, Chief Procurement Officer ~'-hff-J Agency Name City of South Miami Bid Number ITB-(ITB) No. PR2024-07-0-2024/SK Bid Name RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK Bid Due Date 08/02/2024 10:00:00 Eastern Bid Opening Closed 7 responses found ✓ r Ifill ffr ( 0111pa11, l{l,pondl·tl \dtl1 l'"' Bui \mount \It Bui \mount l>l'll.lll'tl \tt11h11tt:, Complete ALL 08/02/2024 Hispanic 1 . CONSTRUCTION 08:42:17 10040 sw 38 ter, $3690460.0000 0.0000 Owned, MIAMI, FL, 33165 Small & PLUMBING INC Eastern Business 08/02/2024 175 SW 7TH STREET, 1$2,133,827.76 I J$2, 155,599.66 I 2. Hycon 09:51:32 Eastern Miami, FL, 33130 Persons Services 08/02/2024 4474 Halls Mill Rd, 3. 09:26:56 $3078799.0000 0.0000 Corp Eastern Mobile AL 36693, Mobile, AL, 36693 Stonehenge 08/02/2024 13100 SW 128TH STREET, 4. Construction, 09:54:59 $2727136.5000 0.0000 LLC Eastern Miami, FL, 33186 Sun State 08/02/2024 966 Nandina drive, 5. General 00: 14:07 $2316979.6300 18315.0000 Contractors, LLC Eastern weston, FL, 33327 08/02/2024 Hispanic 6. Vercetti 09:30:01 7296 SW 48th Street, $3015793.4600 0.0000 Owned, Enterprises Miami, FL, 33155 Small Eastern Business 08/02/2024 7. Xl0 Construction 09:04:50 15371 NE 21st Ave, 1$2, 190,100.00 1$2, 190,367.00 Miami, FL, 33162 Eastern b "tf . Dott1111l·J11' Bidding Document Bidding Document Bidding Document Bidding Document Bidding Document Bidding Document Bidding Document d Sl'llt I ✓ I ✓ I ✓ I ✓ I ✓ I ✓ I ✓
Bidder Bid Price Bid
ACK.
Bid
CERT
REVISED
SOV
Bidder
Qualif.Ref.ADA
Public
Entity
Crimes
and
Conflicts
Non Coll.
Affidavit
BUS
ENTITY
ANTI
COLUSION
SCRUTINIZED
COMPANY
Drug free
Workplace
NON-
DISCRIMINA
TION
WARRANTY
ACCEPT
DISPUTE
DISCOLSURE DEBAR
Hycon $2,133,827.76 X X x X X X X X X X X X X X X X
Hycon
Alternate $2,155,599.66 X X x X X X X X X X X X X X X X
X10 Const
Alternate $2,190,367.00 X X X X X X X X X X X X X X X X
X10 Const $2,190,700.00 X X X X X X X X X X X X X X X X
Sun State $2,316,979.63 X X X X X X X X X X X X X X X X
Stonehenge
Const.$2,727,136.50 X X N/A X X X X X X X X X X X X X
Vercetti
Enterprises $3,015,793.46 X X X N/A X X X X X X X X X X X X
Persons Svc $3,078,799.00 X X X X X X X X X X X X X X X X
All Const. &
Plumbing $3,690,460.00 X X N/A X X X X X X X X X X X X X
ITB PR2024-07
PROOF OF INSURANCE IS A CONDITION OF AWARD: PROJECT REQUIRES A PERFORMANCE BOND
NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER
174
Member Name City of South Miami
Bid Number ITB-(ITB) No. PR2024-07-0-2024/SK
Bid Name RESTROOM-CONCESSION FACILITY BUILD AT SOUTH MIAMI PARK
51 Planholder(s) found
1,289NOTIFIED
SupplierNameFullNameEmail Address1 City State CODE DeclaredAttributes
Able Business Services,
Inc.Derek Williamsderek@ablebusinessservices.com14265 SW 108 Court Miami FL 33176
African American Owned, Small
Business
ABS General
Contractors Inc ANA SALAZARabsgcinc@gmail.com11200 NW 14th CT
Lauderdale
Lakes FL 33026
Hispanic Owned, Small
Business, Woman Owned
Ac trench corp Ariel CanalsZcac11@hotmail.com
14905 sw 80 st, Apt
217 Miami FL 33193
Allied Contractors, Inc.Madison Nunezmadison@allied-contractors.com
2302 West 79th
Street Hialeah FL 33016
Arkest LLC Rafael Calderaarkest@att.net50 N Laura Street Jacksonville FL 32202
bay area precast matt durrellmatt@bayareaprecast.com1112 rosefair pl Odessa FL 33556 Small Business
Bliss Products &
Services, Inc.Gregg Blissinfo@blissproducts.com
6831 S. Sweetwater
Road
Lithia
Springs GA 30122 Small Business
CDWRE Construction
LLC Curtis Waybrightcurtis@cdwadvisory.com
7742 N Kendall Dr.
#221 Miami FL 33156
Concord Technologies,
Inc.Shahin Shafiqshahin@myconcordtech.com
7721 NW 16 CT,
Pembroke Pines, FL
Pembroke
Pines FL 33024
CONEMCO
ENGINEERING, INC.Jose Compresbusinessdevelopment@conemco.com250 SW 87th Path Miami FL 33174 Hispanic Owned, Small Business
ConstructConnect ConstructConnect Bid Opportunitiescontent@constructconnect.com3825 Edwards Rd Cincinnati OH 45209
Coreland Construction
Corp.Nestor Hernandezbids@corelandconstruction.com
13611 South Dixie
Highway Miami FL 33176 Small Business, Woman Owned
DLF SERVICES LLC BARBARA OLIVADLFSERVICESLLC@GMAIL.COM
571 WEST 33
STREET Hialeah FL 33012
Dodge Data Bonny Mangolddodge.docs@construction.com
4300 Beltway Place,
Ste 150 Arlington TX 76018
fikon corp Omar gutierrezomarg@fikonpro.com
1145 NORTHWEST
28TH STREET Miami FL 33127
Gershen Associates Christopher Vidalchris.vidal@gershenassociates.com
9769 south dixie
highway Miami FL 33156
GREEN ENGINEERING
& CONSTRUCTION INC.Rosana Dreyerinfo@greenengcon.com8757 NW 35th LANE DORAL FL 33172
Hispanic Owned, Small
Business, Woman Owned
Gryphon Construction
Services, Inc.Marcelo Amigoops@gryphon-cs.com
815 NW 57th Ave
Suite 200-12 Miami FL 33126 Hispanic Owned, Small Business
7 Document(s) found for this bid
1 of 3 175
H.A. CONTRACTING
CORP.HENRY ANGELOHENRY@HACONTRACTING.COM
9500 N.W. 12 ST.,
BAY 1 Miami FL 33172 Small Business
H.A. Contracting Corp.Henry Angelo IIIhenry@hacontracting.com
9500 N.W. 12th
Street, Bay 1 Miami FL 33172
Inventra LLC Christopher Bourneinfo@inventraconstruction.com2719 Hollywood Blvd Hollywood FL 33020 Small Business
J&H Painting Services
Inc.Michael Scollojhpaintingincfl@gmail.com
11840 WINDY
FOREST WAY
BOCA
RATON FL 33498
J.R.T. Construction, Co.Jeovanni Tarafajtarafa@tarafaconstruction.com3050 NW 77 Court Doral FL 33122 Hispanic Owned, Small Business
JCM Development
Group, Inc.JC Menajc@jcmdev.net8602 SW 74 Street Miami FL 33143
John Bell Construction,
Inc.Jazz Machinjazz@johnbellconstruction.com4000 SW 60th Ct.Miami FL 33155
JUST 1 PLUMBING LLC SILVIA GINNARIsilvia@just1plumbing.com8405 NW 68th St.Miami FL 33166 Small Business
Khan Builders, Inc Muhammad Khankhanbuildersinc@gmail.com
11240 SW 20th
Street Miramar FL 33025
LEGO Construction Co Satya Nethisnethi@legocc.com1011 Sunnybrook Rd Miami FL 33136 Hispanic Owned
Lincoln Surety Group
L.L.C.Mark Kowalskimark@lincolnsuretygrp.com
7446 Featherstone
Blvd Sarasota FL 34238
Lunacon Construction
Group Patricia Bonillapbonilla@lunaconcorp.com
16890 S. Dixie
Highway Miami FL 33157
M&J GENERAL
CONTRACTORS CESAR DE LUNAcesar@mjgeneralcontractors.com300 Palermo Avenue
CORAL
GABLES FL 33134
Hispanic Owned, Small
Business, Woman Owned
Metro Contractor Inc.Amat Fernandezmetro3836@gmail.com5301 NW 158 Terr Hialeah FL 33014
Hispanic Owned, Small
Business, Veteran Owned,
Woman Owned
Miliani Construction
Corp Adolfo Milianiamiliani@milianiconstruction.com11012 NW 73 ST Miami FL 33178
Hispanic Owned, Small
Business, Woman Owned
One More Designs LLC Francisco Villegasfjvillegasjr@onemoredb.com5916 sw 82 st Miami FL 33143
Onvia, Inc. - Content
Department Content Source Managementsourcingsupport@deltek.com
509 Olive Way, Suite
400 Seattle WA 98101
Pacifica Engineering
Services, LLC Aeilyng Pereiraapereira@pacificaes.com
601 N Congress
Avenue Delray Beach FL 33445
Persons Services Corp George Braeunigbidsec@personsservices.com1835 S Perimeter Rd
Fort
Lauderdale FL 33309
Pine Rock Builders
Group, LLC Kalet Baldrichkalet.baldrich@pinerockbuilders.comMiami FL
Primus Shell Builders Emmanuel Acostamanny@primusshell.com
1 South Pine Island
Rd
Fort
Lauderdale FL 33324
R.E. Chisholm
Architects. Inc.Paula Bravopbravo@chisholmarchitects.com
782 NW 42nd
Avenue Miami FL 33126 Hispanic Owned
2 of 3 176
Resol Construction Inc Thomas Solertsoler@resolinc.com9 Island Ave Miami Beach FL 33139
SHC Lazaro Villarlvillar@shc-us.com
12330 SW 31st
Street Miami FL 33175
Sleiman Construction,
LLC Danny Sleimandanny@sleimanc.com2801 NW 74th Ave Miami FL 33122 Hispanic Owned, Small Business
SOUTHEASTERN PUMP Julie Brodeurjbrodeur@sepump.com1354 SW 12th Ave
Pompano
Beach FL 33069 Small Business
Stonehenge
Construction, LLC Ed Vilchezevilchez@shc-us.com13100 SW 128 St Miami FL 33186
Sun Eagle General
Contractors, Corp.yamil castilloyamil@suneaglegc.com12300 SW 130 st Miami FL 33186
SupremeRoofing&Const
ruction Inc Deric Smithsupremeroofingsvc@hotmail.com2600 NW 155 terr Miami FL 33054 African American Owned
TechGroupOne, Inc Juan C Maggicontractor@techgroupone.com8504 Nw 66th Street Miami FL 33166 Hispanic Owned, Small Business
tequesta construction
services, inc.Jorge Ordonezjordonez@tequestaconstruction.com7400 NW 7th St.Miami FL 33126
Vercetti Enterprises Danny Vercettidv@vercetti.net7296 SW 48th Street Miami FL 33155 Hispanic Owned, Small Business
Waypoint Contracting,
Inc Manny Vecininfo@waypointci.comPO BOX 558482 Miami FL 33255
3 of 3 177
178
TO:
PROJECT:
FIRM:
DATE:
Sou iami
'iHE CITY OF PLEASANT LIVING
REFERENCE CHECK
Pedro Arias
Construction of a new combo restroom-concession building at South
Miami Park
Hycon Investments LLC
August 6, 2024
1. Please briefly describe the work scope or project details performed by Hycon Investments
LLC for your organization?
f"\L·RHz..t-1.eb Alt.. \..\G" tZ..E?G..\llWf:) b~J; f9Q. -CHG
~
Please rate questions 2 through 4 from one (1) lowest to three {3) being the highest:
2. How satisfied were you with qualifications, experience and professionalism of Hycon
Investments LLC personnel in completing the contract requirements? {Circle One)
1 2
3. Did Hycon Investments LLC keep you updated and informed about the progression of the
work, particularly when special needs or problems arose? (Circle One)
1 2 (v
4. Please rate Hycon Investments LLC service and quality of work performed. (Circle One}
1 2
S. Were there any change orders associated with your project?@ / No
If yes, please advise whether change order(s) were contractor or agency initiated.
1
179
(?)
Southtiami
THE CITY OF PLEASANT UVJNG
6. If you had a similar opportunity to undertake in the future, wou~ consider Hycon
Investments LLC to perform the work again based on performance? ~ / No
7. Is there anything we should know while evaluating Hycon Investments LLC as it relates to the
construction of new restroom facility? Yes/ No
B1 CC>tJ c,( A CcH-:1rAN:;1 &c,lli7b ot\l :be-Ll\JG"&HV Cl1 P{l()Pm,oAJAL
uJol2-f. AN-h (Ee v'\Cf --c-f:\~Y a:J~ U@(i P~it>tJALI :hf.-E"
l xi~aLvG'b I kl A.LL Suy:G"Q_V\.( lcvJ -NJ t> HMl:A6Ek1 £:NI. ~A
,JevV '2.£$T12,C1)>A. 8Cll!7'( CQl:.)(1:QU CT io\\[ :c. ~-Gllt?Vt t\J carJ tS:
'rVLL~ Q\.PAB.L.G OP l,A,N,JA.GtAJG, -n\-l..i pe.Ql~C'l: ~
Name: ?ElY{Z-O A~\ AS Date: 08/0912024
Title: OW 1\1. E 12...
2
180
TO:
South Miami
THE CITY OF PLEASANT I.IVINC
REFERENCE CHECK
Carly Sutton, Director
PROJECT: Construction of a new combo restroom-concession building at South
Miami Park
FIRM: Hycon Investments LLC
DATE: August 6, 2024
1. Please briefly describe the work scope or project details performed by Hycon Investments
LLC for your organization?
Approximately 25,000 SF office interior buildout in Coral Gables
Please rate questions 2 through 4 from one (1) lowest to three (3) being the highest:
2. How satisfied were you with qualifications, experience and professionalism of Hycon
Investments LLC personnel in completing the contract requirements? (Circle One)
1 2 3 X
3. Did Hycon Investments LLC keep you updated and informed about the progression of the
work, particularly when special needs or problems arose? (Circle One}
1 2 3 X
4. Please rate Hycon Investments LLC service and quality of work performed. (Circle One)
1 2
5. Were there any change orders associated with your project? Yes / No
If yes, please advise whether change order{s} were contractor or agency initiated.
Yes, but almost exclusively client or AHJ requested changes.
Hycon was fantastic about not charging us for every little thing that came up in the field, and accommodated
every request for minor field relocations and tweaks with zero fuss or added cost whenever possible.
1
181
South Miami
THt CITY OF l'!FAS,\NT LIVING
6. If you had a similar opportunity to undertake in the future, would you consider Hycon
Investments LLC to perform the work again based on performance? Yes / No
X
7. Is there anything we should know while evaluating Hycon Investments LLC as it relates to the
construction of new restroom facility? Yes / No
Hycon has been one of the most organized, professional, and proactive GCs I've ever had the
pleasure of working with. Despite a plethora of client design changes, a challenging AHJ,
strict building/landlord requirements, coordination with multiple third party (owner) vendors-
Hycon has always gone above and beyond to remain the ultimate team player.
Name: Carly Sutton Date: 08/ 1 i/2024
Title: Director
Signature: __________ _
2
182
Wallace, Elisha
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Elisha,
Sutton, Carly <carly.sutton@nmrk.com>
Monday, August 12, 2024 12:20 PM
Wallace, Elisha
Pough, Quentin
RE: [External] Reference Request: Hycon Investments LLC
Reference -Hycon Investments LLC_Newmark.pdf
Follow up
Completed
Apologies for my delayed response. Please find attached the form with my responses. Hopefully they came
through ok, as I tried to fill things in electronically.
In short, I would work with Hycon on every project if I could. They are such team players and a true pleasure to
work with. They have been invaluable in navigating every hurdle along the way, whether design challenges,
inspector or building requests, third party vendor coordination-you name it and they have picked up the reins to
get things done.
Any questions, please do not hesitate to reach out on my mobile number below.
Thank you,
Carly Sutton
Newmark, Director
carly.sutton@nmrk.com
(O_J: 312.224.3125 I (M): 402.305.4573
From: Wallace, Elisha <EWallace@southmiamifl.gov>
Sent: Tuesday, August 6, 2024 3:49 PM
To: Sutton, Carly <carly.sutton@nmrk.com>
Cc: Pough, Quentin <QPough@southmiamifl.gov>
Subject: [External] Reference Request: Hycon Investments LLC
[j !l You don't often get email from ewallace@southmiamifl.gov. Learn why this is important
Good afternoon,
Hycon Investments, LLC has listed you as a reference for services rendered to your agency/organization.
Utilizing the enclosed form, kindly provide us with your evaluation of this company's performance. If possible,
please respond to this request before Thursday, August 8, 2024 at noon.
Regards,
1
183
Elisha A. Wallace
A.dministrative Assistant
Direct: 305-668-3875
City of South Miami
5800 SW 66 th Street, South Miami FL 33143
South Miami
l Hl CITY or PLEASANT LIVINC,
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2