CITY OF SOUTH MIAMI

INVITATION TO BID (ITB) No. PR2026-09

“FUCHS PARK BEACH VOLLEYBALL COURTS IMPROVEMENTS”

City of South Miami Commission

Mayor Javier Fernández

Vice Mayor Brian Corey

Commissioner Lisa Bonich

Commissioner Steve Calle

Commissioner Danny Rodriguez

City of South Miami City Hall

6130 Sunset Drive

South Miami, Florida 33143

ISSUE DATE: August 20, 2026

BID DUE DATE: September 23, 2026

BID DUE TIME: 10:00 AM

BID OPENING DATE: September 23, 2026

BID OPENING TIME: 10:30 A.M.

PUBLIC NOTICE

INVITATION TO BID (ITB) No. PR2026-09

FUCHS PARK BEACH VOLLEYBALL COURT IMPROVEMENTS

NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the FUCHS

PARK BEACH VOLLEYBALL COURT IMPROVEMENTS PROJECT. Interested companies, firms, and individuals Bidders”) may obtain a copy of Invitation to Bid No. PR2026-09 (the “ITB”) to be issued on August 20, 2026 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. PR2026-09 for the “FUCHS PARK

BEACH VOLLEYBALL COURT IMPROVEMENTS PROJECT.” Bids must be received by the

City by no later than September 23, 2026 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-bid 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 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: August 20, 2026

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

Section 4: Bid Form – Form 7 39

SECTION 1.

INFORMATION FOR BIDDERS

1.1. INTRODUCTION/GENERAL BACKGROUND.

The City of South Miami, Florida (the “City”) is soliciting bids for the FUCHS PARK BEACH

VOLLEYBALL COURT IMPROVEMENTS PROJECT (the “Project”). The City hereby requests bids for the selection of one firm (“Contractor” or “Bidder”) to provide the work for the Project as set forth in greater detail in Section 3 of this Invitation to Bid (“ITB”).

The Contractor awarded a contract pursuant to this ITB shall provide the services, design, labor, materials, equipment, and all incidentals necessary, as further defined in Section 3 of this ITB (the “Work” or the

“Services”) for the Project.

The City intends to award a contract to the lowest, 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.

Event Date* Time*

(EST)

1 Advertisement/ Distribution of ITB August 20, 2026 10:00 AM

Non-Mandatory Pre-Bid Meeting:

NONE

SCHEDULED

N/A

Deadline to Submit Questions / Requests for

Clarification September 4, 2026 10:00 AM

4 City Issues Addenda and Responds to Questions September 15, 2026 10:00 AM

Deadline to Submit Sealed Bids – Submission

Deadline September 23, 2026 10:00 AM

E-BID OPENING VIA VIDEO CONFERENCING

VIA THE ZOOM PLATFORM at

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.

September 23, 2026 10:30 AM

City Manager issues recommendation to City

Commission October 6, 2026 7:00 PM

Award Bid(s) and Agreement(s) at City Commission

Meeting October 6, 2026 7:00 PM

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 September 23, 2026 (the “Submission Deadline”). Sealed bids will be publicly opened through video conferencing using the Zoom platform. Members of the public are invited to view the bid opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339.

1.4. PRE-BID CONFERENCE AND SITE(S) VISIT.

A pre-bid conference will NOT be scheduled for this project.

Prior to submitting a Bid, each Bidder should visit the site and become familiar with the conditions that may, in any manner, affect the Work to be performed by the awarded contractor or the equipment, materials and labor required. The Bidder is also required to examine carefully the Scope of Work set forth in Section 3 of this ITB and be thoroughly informed regarding any requirements or conditions that may in any manner affect the Work to be performed under the Agreement. No allowances will be made because of lack of knowledge of any conditions or requirements.

1.5. ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING BID

PROCESS.

The City will not respond to oral inquiries or questions concerning this ITB. All written inquiries, requests for interpretation or clarification shall be sent to:

Steven P. Kulick

City of South Miami Chief Procurement Officer

6130 Sunset Drive

City of South Miami, FL 33143

E-Mail: Steven.Kulick@SoMiFl.gov

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 September 4, 2026 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. PR2026-09 and addressed to:

Steven P. Kulick

City of South Miami Chief Procurement Officer

6130 Sunset Drive

City of South Miami, FL 33143

E-Mail: Steven.Kulick@SoMiFl.gov

THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO THE CITY ON OR BEFORE

THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER.

THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR DURING THE SUBMISSION

OF BIDS. ANY BID RECEIVED AFTER THE SUBMISSION DEADLINE STATED IN THIS ITB WILL NOT

BE OPENED AND WILL NOT BE CONSIDERED. FACSIMILE AND EMAILED BID SHALL NOT BE

CONSIDERED.

The Bid must be signed by an authorized officer of the Bidder who is legally authorized to bind the Bidder and enter into a contractual relationship in the name of the Bidder. The submittal of a Bid by a Bidder will be considered by the City as constituting an offer by the Bidder to perform the required Work, upon the terms and at the prices stated by the Bidder.

The City will only receive submittals electronically through the DemandStar Electronic Bid

System (E-Bidding). To register as a business, go to https://network.demandstar.com/

Bids will be publicly opened through video conferencing using the Zoom platform at 10:30

AM, local time. Members of the public are invited to view the bid opening meeting through

Zoom at https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339.

Bids shall be typed or printed in ink. All blanks on the Bid form(s) must be completed. Names must be typed or printed below the signature. Bids submitted by hand-delivery, facsimile and/or email will not be accepted.

Only one (1) Bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. If the City determines that any Bidder has interest in more than one (1) Bid for Work contemplated; all Bid in which such a Bidder is interested will be rejected. Bidder by submitting this Bid certifies that this Bid is made without previous understanding, contract, or connection with any person, firm or corporation making a Bid for the same material, supplies, equipment or services and is in all respects, fair and without collusion of fraud.

1.7. BID REQUIREMENTS & FORMAT.

Each Bidder must present its products, services, and applicable features in a clear and concise manner that demonstrates the Bidder’s capabilities to satisfy the requirements of this ITB. The emphasis should be on accuracy, clarity, comprehensiveness and ease of identifying pertinent information and suitability of the

Work. Bids MUST include the following:

1.7.1 Bid Form Package. Bidder shall provide complete and accurate copies, with all required signatures and notarizations, for all the forms in the Bid Package:

Form 1. Bid Form Package Acknowledgement.

Form 2A. Bidder’s Certification (if Company or Corporation)

Form 2B. Bidder’s Certification (if Partnership)

Form 3. Single Execution Affidavits

Form 4. Dispute Disclosure

Form 5. Certification Regarding Debarment, Suspension, & Other

Responsibility Matters Primary Covered Transactions

Form 6. Bidder’s Qualifications Survey

Form 7. Bid Form

Form 8. Reference List

SECTION 1.7 ALL SECTIONS

NOTE: Bidders MUST submit bids for all of the Areas identified for the Project on Form 7.

Incomplete Bids will be deemed non-responsive and will be rejected.

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.

Specifically, as part of the completion of Form 6, “Bidder’s Qualifications Survey,” demonstrate that the Bidder has completed a minimum of five (5) projects, and provide a separate narrative to supplement Form 6 that includes the following information relating to the Bidder’s Recent Contracts:

1.7.2.1 Contract Amount;

1.7.2.2 Date of Commencement and Completion;

1.7.2.3 Brief description of the work performed and its similarity to the proposed

Project; and

1.7.2.4 Evidence and supporting documentation relating to the contract’s successful completion.

Please be sure to include the date and years of engagement of Project History as 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. Please provide a minimum of five (5) projects demonstrating Proof of Experience

1.7.3 Safety Record. Bidder shall provide a tab labeled “1.7.3. Safety Record" that includes 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.

If there are no violations as requested, the Bidder shall indicate None.

1.7.4 Bidder’s Qualifications. Include in an Attachment labeled 1.7.4 A) Name, B)

Function, and C) Qualifications of key personnel, including D) Key

Subcontractors, in the organization who will be providing Work. Please indicate who the Key Person(s) or contact assigned to the Work shall be and demonstrate that within the past three (3) years they 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 these minimum qualifications, including:

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. Please include this information on Form

1.7.4.2 Licenses. Contractor must be fully licensed with any and all applicable and required licenses, certifications and permits for Work, including government licenses, certifications, and permits from the State of Florida, Miami-Dade County, the City, and any other governing governmental regulatory authorities.

1.7.5 Insurance Certificates. Bidder shall provide certificates of insurance demonstrating compliance with the requirements set forth under Section 2 of this solicitation, including:

1.7.5.1 Commercial General Liability (Please attach and label at 1.7.5.1)

1.7.5.2 Workers Compensation & Employer’s Liability (Please attach and label as

1.7.5.2)

1.7.5.3 Business Automobile Liability (Please attach and label as 1.7.5.3)

THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR

ADDITIONAL COVERAGE IF DEEMED NECESSARY.

1.7.6 N/A.

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, responsive, and responsible bidder or reject all bids or re-advertise the Work.

Neither this ITB, nor the notice of award of the Agreement(s) constitutes an agreement or contract with the Successful Bidder(s). An agreement or contract is not binding until a written agreement or contract, in substantially the form attached hereto as Attachment “A,” has been executed by the City and the

Successful Bidder(s) and approved as to form, content, and legal sufficiency by the City Manager and City

Attorney.

1.9 CITY’S RIGHTS; WAIVER OF IRREGULARITIES.

The City reserves the right to reject any or all bids which is in any way incomplete or irregular, re-bid the entire solicitation, or enter into contracts with more than one Contractor.

The City reserves the right to accept or reject any and/or all Bid or parts of Bid, to workshop or negotiate any and all Bid, to select and award Bidder(s) for all or any of the Work, waive irregularities in Bid, to cancel or discontinue this ITB process, and to request new Bid on the required Work or services. The

City Commission shall make the final determination and award of Bid(s).

All materials submitted in response to this Invitation to Bid become the property of the City and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any

Bid or responses to the ITB, whether amended or not, and selection or rejection of Bid does not affect this right.

1.10 CODE OF ETHICS PROVISIONS.

1.10.5 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

E-mail: Nkenga.Payne@SoMiFl.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;

(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.

1.10.6 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:

Nkenga “Nikki” Payne, CMC, FCRM

City Clerk

City of South Miami

6130 Sunset Drive

E-mail: Nkenga.Payne@SoMiFl.gov

END OF SECTION 1

SECTION 2

TERMS AND CONDITIONS

2.1 PURPOSE OF BID.

The City requests Bids from qualified firms for the FUCHS PARK BEACH VOLLEYBALL COURT

IMPROVEMENTS PROJECT (the “Project”). The Work to be performed includes, but is not limited to, services as further detailed in the Scope of Services provided in Section 3 herein (the “Work” or

“Services”). The frequency, nature, scope and definition of the Work desired or required by the City may change from time to time, at the City’s discretion.

The City intends to secure a source of supply(s) for the Work from a qualified contractor(s) that conform to the requirements of this ITB and is most advantageous to the City and in its best interest. The City reserves the right to award the Bid(s) considered to best serve the City’s interests.

2.2 DELIVERY.

All equipment, materials, and goods in connection with the Work shall be delivered F.O.B. destination

(i.e., at a specific City address), and delivery costs and charges (if any) will be included in the Bid pricing.

Exceptions should be noted.

2.3 EQUIPMENT.

Any equipment or products used by Contractor to provide Work pursuant to this ITB shall remain the property of the Contractor. In the event equipment or products used by the Contractor are found to be defective, of unsatisfactory quality, or do not conform to the requirements of this ITB or the Specifications, the City reserves the right to reject the equipment or product(s), at the Contractor’s expense.

2.4 PRICING.

The Bid form attached to this ITB under Section 4 and to be included with each Bid shall specify the

Bidder’s pricing and/or fees for the equipment and Work requested herein. Bidder should include any and all applicable taxes in Bid prices. If the Bidder is awarded an Agreement pursuant to this ITB, the prices and fees quoted in the Bid shall remain fixed and firm during the term of the Agreement.

2.5 BID COSTS.

Bidders submitting Bid do so entirely at their own cost and expense. There is no expressed or implied obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing or submitting Bid, providing additional information when requested by the City, or for participating in any selection interviews.

2.6 LICENSES AND PERMITS.

Bidder shall secure any and all necessary and required licenses, certifications and permits to conduct the

Work, including, but not limited to, all Federal, State, County and City licenses and permits. All Bidders must provide the necessary documentation to demonstrate that they meet all applicable licensing and permitting requirements.

By submitting a Bid in response to this ITB, Bidder represents and warrants to the City that it holds all licenses, certifications and permits (“Licenses”) required by applicable law and by any other governmental authority or agency to perform the Work. Bidder represents and warrants to the City that the Licenses shall be in full force and effect on the date of performance of the Work and further represents that it 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.

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 guarantee 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 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: ☒.

2.8.4 BID GUARANTY/BID BOND. The Bidder, in submitting this Bid, shall include a Bid

Bond in the amount of 5% of the total amount of the base Bid on the Bid Bond Form included herein. A company or personal check shall not be deemed a valid Bid Security.

The successful Bidder shall execute the Contract (Agreement) and provide the required

Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days of Notice of Award by the City. The Bidder who has the Contract awarded to him and who fails to execute the Contract and furnish the Performance and Payment Bonds and

Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied his Bid, and the Bid Security shall be retained as liquidated damages by the

City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Bidder fails to enter into the Contract and furnish the Bonds as herein before provided. Bid Security deposited in the form of a cashier’s check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. If the City

Manager has waived the requirement for bid bond/bid security, the City shall select this box: ☒.

BID OR PROPOSAL SURETY BID BOND, if required, of not less than five percent

(5%) of the total actual bid in the form of a Surety Bid Bond made payable to the City of

South Miami, Florida “Finance Department” must accompany each bid. A Surety Bid

Bond in an amount less than five percent (5%) of the actual bid will invalidate the bid.

1. Surety Bid Bonds May be Included with your Electronic Bid Submittal via

Demand Star at https://network.demandstar.com/.

BID BONDS SUBMITTED MUST INCLUDE:

□ Bidder’s Name Shown

□ Bonding Company’s Name

□ The Bond execution date

□ Surety Name, Seal, Signature of FL Licensed Insurance Agent or Attorney-in-Fact for Surety Company, Name printed with Power of Attorney form attached.

□ Ensure the bond is countersigned by a Florida Licensed Insurance Agent (if needed) with name printed to the right.

□ Include the State and County Name where the attestation is taking place.

□ Verify Notary Public expiration date is current. Re: Florida Insurance Agent personally known or ID produced, Name of Surety, City and State, Date Notarized, Signature and Seal of Notary indicating state where licensed and expiration date.

□ INCLUDE APPLICABLE POWER OF ATTORNEY

2.9 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.

2.10 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.

2.11 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.

2.12 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.

2.13 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.

2.14 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.

2.15 INDEMNIFICATION.

The Contractor shall indemnify, save harmless and defend the City, its officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of any act, error, omission, negligent act, conduct or misconduct of the Contractor, its agents, servants or employees, in the performance of the Work pursuant to this ITB and/or from any procurement decision of the City including without limitation, awarding the Agreement to a Contractor.

2.16 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.

2.17 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.”

2.18 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.

2.19 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: Nkenga.Payne@SoMiFl.gov

2.20 GRANT FUNDING.

By submitting a response to this solicitation, Bidders acknowledge that the Work or Services may be fully or partially funded utilizing funds from the grants listed below (the “Grant”). Accordingly, by submitting a response to this competitive solicitation, the Bidder warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work or Services in accordance with the terms and conditions of the Grant(s).

Grant Title Grant Agreement Attachment No.

If the Work or the Services will be funded utilizing Grant funds, the City shall select this box:.

END OF SECTION 2

SECTION 3

SCOPE OF WORK, SPECIFICATIONS, AND REQUIREMENTS

FUCHS PARK – BEACH VOLLEYBALL COURT IMPROVEMENTS

3.1 GENERAL REQUIREMENTS.

The work specified in this Invitation to Bid (ITB) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of

Services and as otherwise described in this ITB (the “Work”). The Work is to be performed 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 5:00 p.m., 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 soliciting proposals from qualified firms to construct a new outdoor beach volleyball court and supporting amenities at Fuchs Park, located at 6445 SW 81 Street, South

Miami, FL 33143. The scope of work includes but is not limited to general site preparation, hardscape installation, landscaping restoration, and installation of a complete volleyball system, furnished by the City.

NOTE: The Contractor will be responsible for the installation of the Volleyball Court System Equipment, furnished by the City, Model – Aluminum Monson Slider, and manufactured by Volleyball USA.

Please refer to Attachment D, “Volleyball USA Installation Instructions and Specifications.

The selected contractor will be responsible for providing all labor, materials, equipment; with the exception of the Volleyball Court System Equipment, furnished by the City, and incidentals required to complete the project in accordance with the contract documents, drawings, and specifications.

All work must comply with applicable federal, state, and local codes, including ADA requirements.

The Contractor’s lump sum proposal shall include all materials, equipment, labor, and incidentals necessary to complete the project in its entirety. This includes, but is not limited to, the following responsibilities:

• Maintaining a clean and safe job site at all times.

• Providing all required labor (including subcontractors, where permitted), tools, equipment, and transportation.

• Supplying and maintaining dumpsters and ensuring proper disposal and recycling of all waste in accordance with applicable regulations.

• Preparing and submitting all necessary engineering and architectural drawings, plans, and technical specifications.

• Obtaining all required permits and licenses, including coordinating with Sunshine 811 for utility locates.

• Installing appropriate construction safety measures such as fencing, privacy screens, and traffic cones.

• Restoring any disturbed sod, landscaping, and grading to original condition or better.

• Performing daily site cleanup and ensuring all safety precautions remain in place after work hours.

• Coordinating with other City contractors, subcontractors, and utility providers (e.g., power, gas, water).

• Managing traffic control as needed, including the use of off-duty City police officers when required.

• Providing as-built drawings and all documentation required for project closeout.

• Installing straw or hay bale barriers around yard drains to prevent sediment from entering existing catch basins.

• Install Volleyball Court System Equipment, furnished by the City.

SITE LOCATION.

The Project will be held at Fuchs Park, located at 6445 SW 81 Street, South Miami, FL 33143.

Prospective bidders are strongly encouraged to visit the project site prior to submitting a proposal.

DESIGN PLANS AND SPECIFICATIONS.

Design Plans and Specifications, prepared by Calvin, Giordano and Associates, are included as

Attachment C. City furnished equipment installation instructions are included as Attachment D, “Volleyball USA Installation Instructions and Specifications.

PROJECT DURATION.

After permit(s) have been secured/approved, the Bidder is responsible for completing this project within ninety (90) calendar days. from issuance of Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager.

The anticipated City Commission reading for project award is September 2026.

3.6 WARRANTY.

Bidder must include a warranty and/or guarantees of all material and labor that includes:

3.6.1.1 any conditions; and

3.6.1.2 guaranteed response time for repair; and

3.6.1.3 guaranteed replacement during the warranty period; and

3.6.1.4 life expectancy under normal use; and

3.6.1.5 Failures during the warranty period must be repaired or replaced to the satisfaction of the City;

and

3.6.1.6 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,…