Holiday Lighting and Decorations

The City of Cooper City (“City”) is requesting sealed bids for holiday lighting. All good(s) and/or service(s) not identified which are regularly required to complete this type of work will be furnished as a part of the pricing and shall conform in quality, workmanship and service to that usually provided by the best practices as specified in this solicitation.

Background

The City of Cooper City is a metropolitan municipality serving more than 34,000 residents and encompassing an area of 8 square miles.

Project Details

• Reference ID: IFB No. 2026-5
• Department: Parks & Recreation
• Department Head: Stacie Weiss (Director)

Important Dates

• Questions Due: 2026-07-15T16:00:00.000Z
• Pre-Proposal Meeting: 2026-07-14T13:00:00.000Z — City Hall Auditorium, 9090 SW 50th Place, Cooper City, FL 33328

Evaluation Criteria

• Active Shooter Insurance —

  Coverage must be afforded for liability arising out of an actual or threat of an Active Shooter/Deadly Weapon Event in an amount not less than $5,000,000 per event.

• FEDERAL PROCUREMENT STANDARDS COMPLIANCE —

  The following provisions shall apply to all contracts, purchase orders, solicitations, and procurements funded in whole or in part with Federal funds and shall be incorporated into the City of Cooper City’s solicitation and contract documents, as applicable, pursuant to 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

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  e

• GENERAL TERMS AND CONDITIONS —

  City of Cooper City’s General Terms and Conditions are applicable to this solicitation. Bidders that receive an award from City of Cooper City through the competitive procurement process must anticipate the inclusion of these requirements in the resultant Contract. These general terms and conditions are considered non-negotiable and include important instructions and requirements that affect all Bids. By submitting a Bid for in response to this solicitation, Bidder attests to its understanding of these general terms and conditions. All applicable terms and conditions pertaining to this Solicitation and resultant Contract (if applicable) may be viewed by clicking the attached document. 

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  e

• Scope of Services —

  The City of Cooper City is seeking a qualified Contractor to furnish, install, maintain, remove, and store holiday lighting and decorations at designated City facilities. The Contractor shall provide all labor, supervision, equipment, vehicles, materials, electrical components, lifts, permits, transportation, storage, maintenance, repairs, and incidentals necessary to provide a complete turnkey holiday lighting program. The City intends to create a visually appealing holiday experience for residents and visitors throughout Memorial Park and may elect to expand decorations to additional municipal facilities and entrance monuments. The City shall provide:

  • Electrical access where available
  • A designated project representative
  • Coordination assistance

  The City shall pay for normal electrical consumption.

• Commercial General Liability —

  Coverage must be afforded under a Commercial General Liability policy with limits not less than:

  • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury
  • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations

  Policy must include coverage for contractual liability and independent contractors.

  The City, a Florida municipality, its officials, employees, and volunteers are to be included as an additional insured with a CG 20 26 04 13 Additional Insured – Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officials, employees, and volunteers.

• Aircraft/Drone Liability —

  Coverage must be afforded in an amount not less than $5,000,000 per occurrence for any aircraft/drone operations.

• COMPLIANCE WITH FEDERAL PROCUREMENT STANDARDS —

  Bidders shall comply with all applicable requirements of 2 CFR Part 200, including but not limited to Sections 200.317 through 200.327, Appendix II to Part 200, and all other applicable federal laws, regulations, executive orders, agency guidance, grant conditions, and funding requirements associated with the use of Federal funds.

  Bidders acknowledge that compliance with Federal procurement requirements is a material term of this Agreement. Bidders shall comply with all applicable EPA assistance agreement terms and conditions, including required certifications, disclosures, reporting, and documentation. Bidders shall maintain all documentation necessary to demonstrate compliance with EPA procurement, labor, domestic preference, civil rights, and contract provisions as required by federal law and EPA guidance.

  Bidders shall retain all financial records, supporting documents, payroll records, bid documentation, contracts, subcontracts, and other records pertinent to the EPA-funded project for a minimum period of five (5) years following final payment or grant closeout, whichever is later, in accordance with 2 C.F.R. § 200.334 and EPA grant requirements. Such records shall be made available upon request to the U.S. Environmental Protection Agency, the awarding entity, the Comptroller General of the United States, or their authorized representatives.

  When required by the EPA grant or applicable federal law, the Davis-Bacon and Related Acts (40 U.S.C. §§ 3141–3148) shall apply to construction, alteration, or repair work funded in whole or in part with federal assistance. Bidders and all subcontractors shall comply with applicable U.S. Department of Labor prevailing wage determinations, certified payroll requirements, and labor standards enforcement provisions. Applicable wage determinations shall be incorporated into the solicitation and contract documents and are available at www.sam.gov.

  Contracts and subcontracts funded under this Agreement shall include all applicable federal contract provisions required by Appendix II to 2 C.F.R. Part 200, including but not limited to provisions addressing:

  • Termination for Cause and Convenience
  • Equal Employment Opportunity
  • Contract Work Hours and Safety Standards Act
  • Clean Air Act and Federal Water Pollution Control Act
  • Debarment and Suspension (SAM.gov verification)
  • Byrd Anti-Lobbying Amendment
  • Prohibition on certain telecommunications and video surveillance equipment (2 C.F.R. § 200.216)
  • Procurement of recovered materials (2 C.F.R. § 200.323)
  • Disadvantaged Business Enterprise (DBE) good faith efforts
  • Domestic preference for procurements (2 C.F.R. § 200.322)
• GENERAL —

  These Specifications are written to the Bidders, prior to award of the Contract, and to the Contractor.

  Where sentences directing work or other action appear in the active voice-imperative mood, without a subject, the subject “bidder” or “Contractor” is understood. In any other case where the subject is not clearly understood, Engineer will make a clarification and final determination as to the subject of the action.

• DECORATION SERVICES AND LOCATION(S) —

  Bidders shall furnish all labor, supervision, materials, equipment, vehicles, tools, transportation, storage, permits, electrical components, installation, maintenance, repairs, removal, disposal, and incidentals necessary to provide a complete holiday lighting and decoration display program at the following location(s)

  • Memorial Park: 9001 SW 51st Street, Cooper City, Florida.

  The holiday display shall create a visually appealing, family-friendly, and cohesive holiday experience throughout Memorial Park and shall be suitable for public events, community gatherings, and photography opportunities. All decorations, lighting, displays, and features shall be commercial-grade and designed for outdoor public use. All components shall be maintained in safe operating condition throughout the display period.

  The City reserves the right to add/remove locations as needed, as well as the right to approve all decorative themes, colors, display layouts, and installation locations prior to installation. Proposers shall coordinate all installation locations with the City's Project Manager.

• Business Automobile Liability —

  Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident.

  If Contractor does not own vehicles, Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

• EVENT DATE(S) —

  The holiday lighting display shall be fully operational and available for public viewing no later than 3:00 PM on the first Monday in December for 2026. Future display dates will be coordinated with the Awarded Bidder. 

  ***Event date(s) are subject to change. The Awarded bidder will be advised at least SIXTY (60) days in advance of any date changes.***

• GENERAL PROCUREMENT STANDARDS —

  The Bidder shall perform all services in accordance with sound business practices and maintain satisfactory performance standards, internal controls, and administrative procedures necessary to ensure compliance with all applicable Federal procurement requirements.

  The Bidder shall:

  1. Perform the work in accordance with all contract requirements, specifications, and applicable laws;
  2. Maintain effective quality control and oversight procedures;
  3. Cooperate with the City in monitoring contract performance;
  4. Avoid acquisition or use of unnecessary or duplicative goods and services;
  5. Utilize cost-effective and efficient business practices; and
  6. Maintain records sufficient to detail the history of procurement and contract performance.
• Governing Regulations and Standard References —

  The following Standards and Governing Regulations, as amended by the Contract Documents, are hereby incorporated by reference:

  1. Florida Statutes http://www.leg.state.fl.us/statutes/
  2. Cooper City Code of Ordinances, unless otherwise is prohibited, by State or Federal regulations.

  The above list is not all inclusive and it is the responsibility of Bidders to comply with all applicable requirements whether included in this list or not. Additional project-specific criteria are provided throughout the Solicitation/Contract Documents

  The above referenced Standards are intended to supplement, not supersede the requirements set forth herein and, unless otherwise noted, the latest revision shall apply. Where differences occur between referenced Standards and these Solicitation/Contract Documents, the more stringent shall apply unless otherwise noted in the Solicitation/Contract Documents or directed by Engineer in writing.

• Business Automobile Liability (alternative language) —

  Proof of coverage must be provided for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than the State of Florida required minimums unless a different amount is required by City Ordinance(s).  

  If Contractor does not own vehicles, Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

• Workers' Compensation and Employer's Liability —

  Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City must provide Workers’ Compensation insurance. Exceptions and exemptions will be allowed by the City’s Risk Manager, if they are in accordance with Florida Statute.

  Contractor waives, and Contractor shall ensure that Contractor’s insurance carrier waives, all subrogation rights against the City, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent.

  Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore and Harbor Workers’ Compensation Act and the Jones Act, if applicable.

• Insurance Certificate Requirements —
  1. Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than ten (10) days prior to the start of work contemplated in this Agreement.
  2. Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days’ notice if cancellation is for nonpayment of premium.
  3. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder.
  4. In the event the Agreement term or any surviving obligation of Contractor following expiration or early termination of the Agreement goes beyond the expiration date of the insurance policy, Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met.
  5. The Certificate of Insurance shall indicate whether coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior.
  6. The City shall be included as an Additional Insured on all liability policies, with the exception of Workers’ Compensation.
  7. The City shall be granted a Waiver of Subrogation on Contractor’s Workers’ Compensation insurance policy.
  8. The title of the Agreement, Bid/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance.

  The Certificate Holder should read as follows:

  City of Cooper City – Risk Management Office
  9090 SW 50^th Place
  Cooper City, FL 33328-4227

  Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the application of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for including the City as an Additional Insured shall be at Contractor’s expense.

  If Contractor’s primary insurance policy/policies do not meet the minimum requirements as set forth in this Agreement, Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement.

  Contractor’s insurance coverage shall be primary insurance in respect to the City’s interests for this Agreement, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the City shall be non-contributory.

  Any exclusion or provision in any insurance policy maintained by Contractor that excludes coverage required in this Agreement shall be deemed unacceptable and shall be considered breach of contract.

  All required insurance policies must be maintained until the Agreement work has been accepted by the City, or until this Agreement is terminated, whichever is later.  Any lapse in coverage may be considered breach of contract.  In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate of insurance should any policies expire prior to the expiration of this Agreement.  The City reserves the right to review, at any time, coverage forms and limits of Contractor’s insurance policies.

  Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement to Contractor’s insurance company or companies and the City’s Risk Management office as soon as practical.

  It is Contractor’s responsibility to ensure that any and all of Contractor’s independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein.  Any and all deficiencies are the responsibility of Contractor.  The City reserves the right to adjust insurance limits from time to time at its discretion with notice to Contractor.

• ARTIFICIAL HOLIDAY TREE —

  Bidders shall furnish, install, maintain, and remove one (1) artificial holiday tree. The artificial holiday tree shall meet the following minimum requirements:

  1. Minimum overall height of fifteen feet (15');
  2. Commercial-grade construction designed for outdoor use;
  3. Commercial-grade LED lighting system;
  4. Shatter-resistant ornaments suitable for public environments;
  5. Decorative bows and accent decorations;
  6. Illuminated tree topper;
  7. Decorative tree skirt or equivalent base treatment;
  8. Internal support structure;
  9. Wind-rated anchoring and stabilization system;
  10. Electrical components listed and approved for outdoor use.

  The holiday tree shall be decorated utilizing a coordinated theme incorporating red, green, gold, silver, white, or other colors approved by the City. The City may modify the holiday theme, colors, or decorative elements upon providing written notice to the Contractor.

• Claim Reporting (alternative language) —

  Contractor shall provide notice of all claims involving serious accidents (e.g., those that require reporting to OSHA) and any other serious occurrences associated with this Agreement to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical.

• WORK COVERED BY THE SOLICITATION/CONTRACT DOCUMENTS —
  1. Intent of Contract Documents
     1. The intent of the Contract and Contract Documents is to describe a functionally complete project (or part thereof) to be constructed, and to provide for the construction and completion in every detail of the Work described therein. 
     2. The intent of the Contract is for Bidders to provide, at no additional cost to the City, all labor, documentation, services, materials, equipment, tools, transportation, and supplies that are:
        1. Necessary to complete the Work in accordance with the Solicitation/Contract Documents.
        2. Reasonably inferred and incidental to the Work, whether or not specifically called for by the Solicitation/Contract Documents.
  2. Alteration of Plans or of Character of Work
     1. Engineer reserves the right to make, at any time prior to or during the progress of the Work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. The term “significant change” applies only when the Engineer determines that the character of the work, as altered, differs materially from that involved or included in the original proposed construction.
     2. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Work.
     3. The Department may require work that is not covered by a price in the Contract if the Department determines that such work does not constitute a significant change and is essential to the satisfactory completion of the Contract within its intended scope. If an adjustment in price is warranted, Engineer will determine the basis of payment for such an adjustment in a fair and equitable amount and authorize the adjustment through an executed Negotiated Acceptance Memorandum (NAM) provided by the Department.
     4. In the instance of an alleged significant change, Engineer will review all pertinent information provided by Contractor to determine the validity of the allegation. The determination by Engineer shall be conclusive and shall not be subject to challenge by Contractor in any forum, except upon Contractor establishing by clear and convincing proof that the determination by Engineer was without any reasonable and good-faith basis.
  3. Connections to Existing Pavement, Drives and Walks
     1. Adhere to the limits of construction at the beginning and end of the Project as detailed in the Solicitation/Contract Documents. However, if Engineer determines that it is necessary to extend the construction in order to make suitable connections to existing pavement, Engineer will authorize such a change.
     2. For necessary connections to existing pavement, walks and drives that are not indicated on the Plans, Engineer will provide direction regarding the proper connections in accordance with the applicable Standards.
  4. Differing Site Conditions
     1. During the progress of the Work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Solicitation/Contract Documents, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Solicitation and/or Resultant Contract are encountered at the site, the party (City or Contractor) discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before Contractor disturbs the conditions or performs the affected work.
     2. Upon receipt of written notification of differing site conditions from Contractor, Engineer will investigate the conditions. If Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Solicitation and/or Resultant Contract, an adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. Engineer will notify Contractor whether or not an adjustment of the Contract is warranted.
     3. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:
        1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to the City with respect to Contract Price and Contract Times by the submission of a Bid; or
        2. The existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making a Bid; or
        3. Contractor failed to give the written notice as required by this Article.
     4. Engineer will not allow a Contract adjustment for a differing site condition unless Contractor has provided the required written notice.
     5. Engineer will not allow a Contract adjustment under this clause for any effects caused to any other Department or non-Department projects on which Contractor may be working.
  5. Underground Facilities.
     1. It is generally recognized, and Contractor should anticipate that information provided by utility owners during project design, frequently fails to disclose all Underground Facilities. The fact that more utility lines or other Underground Facilities are located in the Project Site than shown on the Project Plans does not constitute an unforeseen or differing Site Condition and such undisclosed Underground Facilities do not differ materially from the conditions which Contractor should expect. 
     2. Any information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to the City design engineer by the owners of such Underground Utilities. Additional utilities may exist which are not shown in the Contract Documents. Unless it is otherwise expressly stated in the Special Provisions, the City is not responsible for the accuracy or completeness of any such information or data provided.
     3. Contractor is responsible for field verification and location of all Underground Facilities prior to the start of construction. No field work shall be allowed to start until Contractor has notified Sunshine State One-Call of Florida, Inc. and all affected utilities have been located. In addition, Contractor, without any additional compensation, must expose and physically locate all potentially conflicting Underground Facilities prior to construction and is fully responsible for:
        1. Reviewing and checking all Underground Facilities information and data;
        2. Locating and verifying all Underground Facilities at or contiguous to the Site;
        3. Coordination of the Work with the owners of such Underground Facilities, including the City, during construction; and
        4. The safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work.
     4. The actual locations of the Underground Facilities must be compared to locations shown on the Plans and any required changes in alignment and grade must be made at the time of construction in consultation with Engineer.
     5. If an Underground Utilities is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents:
        1. Identify the owner of such Underground Facilities and give written notice to that owner and to Engineer promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.
        2. Engineer will promptly review the Underground Facilities and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. If Engineer determines that the conditions materially differ and cause an increase or
           decrease in the cost or time required for the performance of the Work, an adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. Engineer will notify Contractor whether or not an adjustment of the Contract is warranted.
  6. Contractor Proposed Changes Affecting Utilities
     1. Contractor is responsible for identifying and assessing any potential impacts to a utility that may be caused by the changes proposed by Contractor, and Contractor must, at the time of making the request for a change, notify the City in writing of any such potential impacts to utilities.
     2. City approval of a Contractor proposed change does not relieve Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated changes in the design or construction activities from those in the original Contract Specifications, design plans (including traffic control plans) or other Contract Documents and which effect a change in utility work different from that shown in the utility plans, joint project agreements or utility relocation schedules.
  7. Rights in and Use of Materials Found on the Site of the Work
     1. Ownership and Disposal of Existing Materials: Unless otherwise directed by Engineer or elsewhere in the Contract Documents, take ownership and dispose of all materials that are not designated as the property of other parties, in both roadway and structures, found on the right-of-way, and all material in structures designated for removal. Such materials do not include earth or other excavated material required for the construction of the Project. During construction, Contractor may use materials from existing structures that are required to be removed and that are designated to remain the property of the City. Do not cut or otherwise damage such material during removal unless Engineer gives permission to do so. Store material in an accessible location as Engineer directs. The City is not responsible for the quality or quantity of any material salvaged.
     2. Ornamental Trees and Shrubs: Take ownership of all ornamental trees or shrubs existing in the right-of-way that are required to be removed for the construction operations and which are not specifically designated on the Plans to be reset, relocated, or to be removed by others prior to the construction operations.
  8. Restoration of Property
     1. Take preconstruction videos/pictures of the entire work zone and adjacent areas.
     2. Public or private property damaged during construction or removed for convenience of the Work must be repaired or replaced at Contractor's expense in a manner acceptable to Engineer, prior to final acceptance of the Work or sooner if otherwise required by the Contract Documents or Engineer. This includes, but is, not limited to signalization equipment and miscellaneous hardware removed from the construction site, signs, driveways, landscaping, sidewalk, walkways, walls, fences, footings, underground utilities, etc. 
     3. Survey monuments
        1. Upon completion of construction activities and prior to the expiration of the Contract:
           1. Coordinate the replacement of any monument(s) disturbed or destroyed.
           2. Submit to Engineer for review and approval, a survey report that includes all monuments replaced and all
              monuments impacted as a result of construction activities.
        2. The replacement of monuments and the preparation of the survey report must be by a licensed Florida Surveyor and Mapper and meet all applicable State Rules, Statutes, and requirements of the Department. All costs required for compliance with these requirements will be included among the Contract pay items.
     4. Failure to Restore Damaged Property
        1. In case of failure on the part of Contractor to restore such property, bridge, road or street, or to make good such damage or injury, Engineer may, upon 48 hours notice, proceed to repair, rebuild, or otherwise restore such property, road, or street as may be deemed necessary, and the City will deduct the cost thereof from any monies
           due or which may become due Contractor under the Contract. Nothing in this clause prevents the Contractor from receiving proper compensation for the removal, damage, or replacement of any public or private property, not shown on the plans, that is made necessary by alteration of grade or alignment. Engineer will authorize such work,
           provided that Contractor, or his employees or agents, have not, through their own fault, damaged such property.
     5. Work Site Clean-Up
        1. Debris and trash shall be removed from the site daily. Mow turf or vegetation within the project limits.
        2. Upon completion of all work specified herein at each work site and before acceptance and payment is made, Contractor shall remove from each work site all machinery, equipment, surplus and discarded materials, rubbish and temporary structures. Material cleared from site and deposited on adjacent property will not be considered as having been disposed of satisfactorily.
     6. Final Clean Up of Right of Way
        1. Upon completion of the Work, and before the Department accepts the Work and makes final payment, remove from the right-of-way and adjacent property all falsework, equipment, surplus and discarded materials, rubbish and temporary structures; restore in an acceptable manner all property, both public and private, that has been
           damaged during the prosecution of the work; and leave the waterways unobstructed and the roadway in a neat and presentable condition throughout the entire length of the work under Contract. Clean all areas impacted by the Work and remove sedimentation in drainage structures caused by the construction activities.
        2. Do not dispose of materials of any character, rubbish or equipment, on abutting property, with or without the
           consent of the property owners. Engineer will allow Contractor to temporarily store equipment, surplus materials, usable forms, etc., on a well-kept site owned or leased by Contractor, adjacent to the Project. However, do not place or store discarded equipment, materials, or rubbish on such a site.
        3. Shape, dress and restore areas adjacent to the Project right-of-way that were used as plant sites, materials
           storage areas or equipment yards when they are no longer needed for such purposes.
• CONFLICT OF INTEREST —

  The Bidder certifies that no employee, officer, consultant, agent, or representative of the City of Cooper City participated in the selection, award, or administration of this Agreement in violation of 2 CFR § 200.318(c).

  The Bidder further certifies that it has disclosed all actual, apparent, or potential conflicts of interest and shall immediately notify the City in writing of any conflict that may arise during the term of this Agreement.

  The Bidder shall not engage in organizational conflicts of interest or any conduct that would provide an unfair competitive advantage.

• CONTROLLING WORK —
  1. Plans
     1. Contract Documents: Have one complete copy of the Contract Documents available on the worksite at all times.
     2. Department’s Plans: Unless otherwise labeled, all Items shown on the Plans are considered to be part of the Work, and must be incorporated into the Work and included in the established prices.
     3. Alterations in Plans: The Department will issue, in writing, all authorized alterations affecting the requirements and information given on the approved plans.
  2. Typical Details and/or Sketches
     1. Typical details and/or sketches regarding the proposed work may be provided.
     2. The City through its Engineer shall have the right to modify the details and/or sketches, to supplement the sketches with additional plans and/or with additional information as work proceeds; all of which shall be considered as plans accompanying these Specifications herein generally referred to as the "Plans.” In case of disagreement between the Plans and Specifications, Engineer will make a final determination as to which will govern.
  3. Or-Equals and Substitutions
     1. Except where specifically provided, whenever material or equipment is specified or described in the Contract Documents by proprietary name or as being available from a particular supplier, the intent is to establish the type, function, appearance, and quality required. A written request to Engineer to authorize an “or-equal” or “substitute” material or equipment may be submitted as described below unless the item specified or described contains or is followed by words reading that
        no like, equivalent, or “or-equal” item or no substitution is permitted.
        1. Or-Equal Material or Equipment
           1. Material or equipment proposed by Contractor may be considered by Engineer as an “or equal” item if in Engineer’s sole discretion the item proposed is functionally equal and sufficiently similar to that specified or
              described in the Contract Documents and that no change in related Work will be required.
           2. Contractor has the burden of proving at Contractor’s own cost and expense, to the satisfaction of Engineer, that the proposed item is equal to the named item. If Contractor fails to comply with the provisions of this Article, or if
              Engineer determines that the proposed item is not equal to that named, Contractor must supply the product
              named.
           3. For the purposes of this Article and at Engineer’s sole discretion, a proposed item of material or equipment will be
              considered functionally equal to the item specified or described in the Contract Documents if:
              1. In the exercise of reasonable judgment Engineer determines that the proposed item is at least equal
                 in materials of construction, quality, durability, appearance, strength, and design characteristics; will
                 reliably perform at least equally well the function and achieve the results imposed by the design concept of
                 the completed Project as a functioning whole; has a proven record of performance and availability of responsive service; and
              2. Contractor certifies that, if approved and incorporated into the Work, there will be no increase in cost to
                 the City or increase in Contract Times, and the proposed item will conform substantially to the detailed
                 requirements of the item named in the Contract Documents.
        2. Substitute Material or Equipment
           1. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “orequal” item, it may be proposed for consideration as a substitute item by Contractor submitting sufficient
              information as stipulated below to allow Engineer to determine that the item of material or equipment proposed is
              essentially equivalent to and an acceptable substitute for that named. Requirements pertaining to a proposed
              substitute item request for review by Engineer will be as set forth in this Article, as supplemented in the Contract
              Documents, and as Engineer may decide are appropriate under the circumstances.
           2. Contractor must make written application to Engineer for review of a proposed substitute item of material or
              equipment that Contractor seeks to furnish or use. The application shall:
              1. Certify that the proposed substitute item will perform adequately the functions and achieve the results
                 called for by the general design, be similar in substance to that specified, and be suited to the same
                 use as that specified;
              2. State the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s
                 achievement of Substantial Completion on time; whether or not use of the proposed substitute item
                 in the Work will require a change in any of the Contract Documents to adapt the design to the proposed substitute item; and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty;
              3. Identify all variations of the proposed substitute item from that specified, and available engineering, sales, maintenance, repair, and replacement services;
              4. Contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting
                 change.
           3. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or
              procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize
              a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. For
              Engineer approval, submit sufficient information to allow Engineer, in Engineer’s sole discretion, to
              determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents.
              The requirements for review by Engineer will be as set forth in this Article, as supplemented in the Contract
              Documents, and as Engineer may decide are appropriate under the circumstances.
           4. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each
              proposal or submittal made pursuant to this Article and will be the sole judge of acceptability. Engineer may
              require Contractor to furnish additional data about the proposed substitute item. No “or equal” or substitute
              will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by receipt
              from Engineer of either a written approval or Change order where required for a substitute; or an approved
              Shop Drawing or written approval for an “or equal.” Engineer will advise Contractor in writing of any
              negative determination. Contractor shall provide all data in support of any proposed substitute or “orequal”
              at Contractor’s expense. City may require Contractor to furnish at Contractor’s expense a special
              performance guarantee or other surety with respect to any substitute item.
           5. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed
              or submitted by Contractor pursuant to this Article whether or not Engineer approves a substitute item so
              proposed or submitted by Contractor, Contractor shall reimburse the City for the costs for evaluating each
              such proposed substitute. Contractor shall also reimburse the City for the costs of making changes
              in the Contract Documents from the acceptance of each proposed substitute.
        3. Right of Way Verification
           1. All Work and improvements shall be performed, constructed and installed within the limits of the existing Right-of-Way pursuant to the Contract Documents.
           2. Obtain all necessary documentation for verifying rights-of-way and property lines.
           3. Retain a Florida Registered Surveyor and Mapper to obtain right-of-way and property lines by examining
              available rights-of-way maps, plats, occupation, legal descriptions or other legal documents or means. The Surveyor will layout the required alignments and grades and be responsible for their accuracy.
           4. All field notes on this Project must be kept in a dedicated field book. Submit all field books to Engineer once the Project is completed or prior to completion when a field book gets filled.
           5. All costs for complying with these requirements are included under the several scheduled items of the
              overall Contract. Therefore, no separate payment will be made for this work.
        4. Shop Drawings
           1. Shop Drawings
              1. General. Prepare and submit whatever detailed working drawings necessary to fabricate, erect, and construct all parts of the Work in conformity with the Plans and Specifications. Shop drawings shall be
                 submitted to Engineer; two sets will be returned to Contractor approved or showing the changes or corrections required; if changes or corrections are required, four revised copies shall be resubmitted until they are approved. Payment for shop drawings and required documents, revisions thereof,
                 and for all copies furnished, shall be included in the various items of work bid. Contractor should allow a minimum of 14 days for the City's approval of shop drawings. City is not responsible for errors or minor discrepancies of Contractor's drawings, even though approved.
              2. Work Items Requiring Shop Drawings: In general, the City requires shop drawings for items of work not fully detailed in the plans which require additional drawings and coordination prior to constructing the item, including but not limited to:
                 1. Bridge components not fully detailed in the plans
                 2. Retaining Wall Systems
                 3. Precast Box Culverts
                 4. 4) Non-standard lighting, signalization and signing structures and components
                 5. Building structures
                 6. Drainage structures, attenuators, and other nonstructural items
                 7. Design and structural details furnished by Contractor in compliance with the Contract
                 8. Temporary Works affecting public safety.
• FULL AND OPEN COMPETITION —

  The Bidder acknowledges that all procurements utilizing Federal funds must be conducted in a manner providing full and open competition consistent with 2 CFR § 200.319.

  The Bidder shall not:

  1. Restrict competition;
  2. Engage in collusive or anti-competitive pricing practices;
  3. Place unreasonable requirements on firms;
  4. Require unnecessary experience or excessive bonding;
  5. Specify brand names without allowing equivalent products where applicable;
  6. Participate in procurements where the Bidder assisted in drafting specifications, scopes, or solicitation requirements unless expressly authorized by law; or
  7. Engage in arbitrary procurement practices.
• Crane and Rigging Liability —

  Coverage must be afforded for any crane operations under the Commercial General or Business Automobile Liability policy as necessary, in line with the limits of the associated policy.

• NATURAL TREE LIGHTING —

  Proposers shall furnish, install, maintain, and remove decorative lighting on natural trees located throughout Memorial Park. At a minimum, the Bidders shall decorate approximately thirty-seven (37) trees. Tree species inventory includes:

  • Royal Palms (5);
  • Gumbo Limbo Tree (1);
  • Oak Trees (21);
  • Washingtonia Palms (3);
  • Tamarind Trees (4);
  • Mahogany Tree (1); and
  • Miscellaneous Trees (2).

  Lighting shall meet the following minimum requirements:

  1. Warm white commercial-grade LED mini lights;
  2. Green commercial-grade wiring;
  3. Trunk wrapping at approximately five-inch (5") spacing;
  4. Primary branch wrapping sufficient to provide uniform illumination;
  5. Weather-resistant and waterproof connections;
  6. No exposed wiring visible from primary public areas;
  7. Installation methods that prevent damage to trees.

  The tree inventory identified in the Light Map attachment shall serve as the minimum number of trees to be decorated with lights; however, the number may be adjusted by the City.

• CONTRACT DOCUMENTS —

  The Contract Documents shall be followed in strict accordance as to Work, performance, material(s), and dimensions, except when Consultant may authorize, in writing, an exception. 

  Dimensions given in figures shall predominate over scaled measurements from the Drawings; however, any discrepancies regarding figures shall be resolved by Engineer. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek
  clarification from Engineer.

• SMALL, MINORITY, WOMEN-OWNED, AND LABOR SURPLUS AREA FIRMS —

  Pursuant to 2 CFR § 200.321, the Bidder shall take all necessary affirmative steps to ensure that minority businesses, women’s business enterprises, veteran-owned businesses, small businesses, and labor surplus area firms are utilized whenever possible.

• DECORATIVE LIGHT ARCH —

  Bidder shall furnish, install, maintain, and remove one (1) decorative walk-through illuminated arch. The arch shall meet the following minimum requirements:

  1. Minimum width of twelve feet (12');
  2. Minimum height of ten feet (10');
  3. Commercial-grade frame construction;
  4. Fully illuminated LED lighting system;
  5. Holiday-themed decorative elements;
  6. Structural stability suitable for public interaction;
  7. ADA-compliant placement and accessibility;
  8. Suitable design for public photography opportunities.

  The final location shall be approved by the City.

• Cyber Liability/Data Security Incident —

  Coverage must be afforded in an amount not less than $1,000,000 per claim for negligent retention of data as well as notification and related costs for cyber incidents.

• INFLATABLE HOLIDAY DISPLAYS —

  Bidders shall furnish, install, maintain, and remove a minimum of six (6) commercial-grade inflatable holiday displays throughout Memorial Park. Acceptable display themes may include, but are not limited to:

  • Santa Claus;
  • Snowmen;
  • Reindeer;
  • Holiday trains;
  • Gift displays;
  • Nutcrackers;
  • Gingerbread characters; and
  • Other holiday-themed displays approved by the City.

  Each inflatable display shall meet the following minimum requirements:

  1. Minimum height of eight feet (8');
  2. Commercial-grade construction designed for public display;
  3. Internal illumination;
  4. Wind-rated anchoring system;
  5. GFCI-protected electrical connections;
  6. Daily operational inspection and maintenance.

  The City reserves the right to increase, decrease, or modify display quantities and locations.

• Fidelity/Dishonesty and/or Commercial Crime —

  Coverage must be afforded in an amount not less than $1,000,000 per loss for dishonest acts of Contractor’s employees, including but not limited to theft of money, personal property, vehicles, materials, supplies, equipment, tools, etc. Third-party coverage must be included under the policy.

• DOMESTIC PREFERENCES FOR PROCUREMENTS —

  To the greatest extent practicable and consistent with law, the Bidder shall provide preference for the purchase, acquisition, or use of goods, products, and materials produced in the United States in accordance with 2 CFR § 200.322 and any applicable Build America, Buy America requirements.

  The Bidder shall provide certifications and supporting documentation upon request by the City.

  Bidders shall, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products), in accordance with 2 CFR § 200.322 and any applicable Build America, Buy America requirements. The requirements of this section must be included in all subawards, contracts, and purchase orders.

  For purposes of this section:

  1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
  2. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

   

• Garage Keepers Legal Liability —

  Coverage shall be purchased for Contractor’s liability for damage or other loss, including comprehensive and collision risks, to the vehicles while in the care, custody, and control of Contractor. Coverage form must be on a direct primary basis with limits equal to the highest possible replacement cost value of vehicles in the care, custody, and control of Contractor at any one time.

• BUY AMERICA —

  Bidders shall use steel and iron manufactured in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Bidders shall ensure that all manufacturing processes for materials occur in the United States. A manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through the final shaping and coating. If a steel or iron product is taken outside the United States for any manufacturing process, it becomes foreign source material.

  When using steel or iron materials as a component of any prestressed beams, corrugated steel pipe, etc.), these same provisions apply to manufactured products (e.g., concrete pipe. Foreign steel and iron may be used when the total actual cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater.

  These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Bidder will use but does not incorporate into the finished work. Bidders shall submit certification from the manufacturer of steel or iron, or any product containing steel or iron, stating that all steel or iron furnished or incorporated into the furnished product was produced and manufactured in the United States or a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at actual cost. Each such certification shall be submitted to the City and/or Engineer prior to incorporating the material or product into the project. Prior to the use of foreign steel or iron materials on a project, document the actual cost of such material, submit invoices to, and obtain the City's and/or Engineer’s written approval prior to incorporating the material into the project

• ILLUMINATED HOLIDAY FEATURES —

  Bidders shall furnish, install, maintain, and remove various illuminated holiday features throughout Memorial Park. Illuminated holiday features may include, but are not limited to a minimum of:

  • 8 - Illuminated gift boxes;
  • 12 - Decorative ornament displays;
  • 10 - Decorative light spheres;
  • 20 - Illuminated candy canes;
  • 1- Holiday pathway lighting (approximately 1,500–2,000 linear feet, as applicable);
  • 20 - Decorative pole-mounted features; and
  • 6 - Illuminated holiday characters.

  Bidders shall ensure all features are coordinated to create a consistent and cohesive holiday theme throughout the Memorial Park.

• ENTRANCE FEATURE —

  Bidders shall furnish, install, maintain, and remove one (1) illuminated entrance feature at the primary event entrance designated by the City. Acceptable entrance features may include:

  • Walk-through light tunnel;
  • Decorative holiday gateway;
  • Illuminated archway; and/or
  • Custom-designed holiday entrance feature.

  The entrance feature shall serve as a primary visitor arrival point, photo opportunity and shall be designed to accommodate anticipated pedestrian traffic.

• Garage Liability —

  Coverage must be afforded in an amount not less than $1,000,000 per occurrence and must cover Contractor and Contractor’s employees for the Contractor’s garage and related operations while any and all vehicles covered under this Agreement are in the care, custody, and control of Contractor.

• AMERICAN IRON AND STEEL —

  The Contractor acknowledges to and for the benefit of the City and the State of Florida that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as “American Iron and Steel;” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that

  (a) the Contractor has reviewed and understands the American Iron and Steel Requirement,

  (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and

  (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State.

  Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State.

• PHOTO OPPORTUNITIES AREAS —

  Bidders shall furnish, install, maintain, and remove a minimum of three (3) designated holiday-themed photo opportunity areas throughout Memorial Park. Photo opportunity areas may include:

  • Santa Chair;
  • Illuminated sleigh;
  • Oversized ornament displays;
  • Lighted gift box seating areas;
  • Holiday backdrop walls;
  • Decorative holiday frames; and
  • Other themed features approved by the City.

  Each photo area shall be designed to encourage public interaction, family photography, and community engagement while maintaining public safety and accessibility.

• Inland Marine/Cargo —

  Coverage shall be purchased for all risks of damage or other loss, including transport, storage, and loading and unloading, to the cargo while in the care, custody, and control of Supplier or Shipper. Coverage form must be Free on Board “FOB” destination with limits equal to the highest possible replacement cost value of cargo in the care, custody, and control of Supplier or Shipper.

• Inland Marine/Installation Floater —

  Coverage shall be purchased for all risks of damage or other loss, including transport, storage, loading and unloading, and installation, to materials or movable property while in the care, custody, and control of Contractor. Coverage form must be on a direct primary basis with limits equal to the highest possible replacement cost value of materials or movable property in the care, custody, and control of Contractor.

• PROCUREMENT OF RECOVERED MATERIALS —

  Bidders shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. Bidders shall only procure items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

  Bidders shall purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water-efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products.

• INSTALLATION AND REMOVAL —

  Installation activities shall begin no earlier than November 1, 2026. All decorations shall be fully installed, operational, and approved by the City no later than November 27, 2026, at 3:00 PM. Removal activities may begin January 2, 2027. All decorations shall be removed and sites restored no later than January 22, 2027. All areas disturbed by installation or removal activities shall be restored to their original condition by the Bidder, at no additional cost to the City.

• COST AND PRICE ANALYSIS —

  The Bidder acknowledges that the City may perform cost or price analysis in connection with this procurement pursuant to 2 CFR § 200.324.

  Upon request, the Bidder shall provide:

  1. Cost breakdowns;
  2. Pricing data;
  3. Market analyses;
  4. Supporting documentation;
  5. Certifications regarding price reasonableness; and
  6. Any additional documentation requested by the City.

  Cost-plus-a-percentage-of-cost contracts are strictly prohibited.

• MAINTENANCE REQUIREMENTS —

  Bidders shall:

  • Respond to service calls the same business day;
  • Repair failures within twenty-four (24) hours;
  • Replace damaged bulbs/decorations at no cost to the City ;
  • Conduct weekly inspections;
  • Maintain a written inspection log; and
  • Provide emergency call-out service. 
• Liquor Liability —

  Contractor shall provide evidence of coverage for liquor liability in an amount not less than $1,000,000 per occurrence. If the Commercial General Liability policy covers liquor liability (e.g. host or other coverage), Contractor shall provide written documentation to confirm that coverage already applies to this Agreement.

• Physical Abuse, Sexual Misconduct, and Sexual Molestation —

  Contractor shall provide evidence of coverage in an amount not less than $500,000 per occurrence.

• FEDERAL REVIEW AND ACCESS TO RECORDS —

  The Bidder agrees that the City, the Federal awarding agency, the Comptroller General of the United States, the Inspector General, and any authorized representatives shall have access to all books, records, documents, papers, and other evidence related to this Agreement for purposes of inspection, audit, examination, and transcription.

  The Bidder shall retain all records related to this Agreement for a minimum period of five (5) years after final payment, closeout of the Federal award, or resolution of any pending audit, claim, or litigation, whichever is later.

• BONDING REQUIREMENTS —

  For construction or facility improvement contracts exceeding the applicable Simplified Acquisition Threshold, the Bidder shall comply with all bonding requirements imposed by 2 CFR § 200.326 and any additional requirements established by the City.

  Such bonding requirements may include:

  1. Bid guarantees;
  2. Performance bonds; and
  3. Payment bonds.
• EQUIPMENT —

  Bidders shall provide all equipment necessary to perform the work including, but not limited to:

  • Bucket trucks
  • Lifts
  • Ladders
  • Safety equipment
  • Temporary power equipment
  • Electrical materials
  • Anchoring systems
  • Protective ground coverings

• Pollution and Remediation Legal Liability (Hazardous Materials) —

  For the purpose of this section, the term “hazardous materials” includes all materials and substances that are designated or defined as hazardous by Florida or federal law or by the rules or regulations of Florida or any federal agency. If work being performed involves hazardous materials, Contractor shall procure and maintain any or all of the following coverages (which will be specifically addressed upon review of exposure):

• Contractors Pollution Liability Coverage —

  For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Agreement, including but not limited to, all hazardous materials identified under the Agreement.

• CONTRACT PROVISIONS —

  The Bidder acknowledges and agrees that this Agreement shall include all applicable provisions required under 2 CFR § 200.327 and Appendix II to Part 200.

  Such provisions may include, where applicable:

  1. Remedies;
  2. Termination for cause and convenience;
  3. Equal Employment Opportunity;
  4. Davis-Bacon Act requirements;
  5. Contract Work Hours and Safety Standards Act;
  6. Rights to inventions;
  7. Clean Air Act and Federal Water Pollution Control Act;
  8. Debarment and suspension;
  9. Byrd Anti-Lobbying Amendment;
  10. Procurement of recovered materials;
  11. Prohibition on certain telecommunications and surveillance equipment; and
  12. Domestic preference requirements.
• EMPLOYEES OF THE BIDDER —

  Bidders shall provide properly trained, licensed, and insured personnel. All work shall comply with:

  • OSHA Standards
  • National Electrical Code
  • Florida Building Code
  • Manufacturer installation requirements

  Bidders shall provide emergency contact information for all supervisors assigned to the project.

• OPTIONAL/ADDITIONAL SERVICES —

  The City reserves the right to authorize additional holiday lighting and decorations at municipal facilities and entrance monuments. Bidders shall provide unit pricing for all optional services.

  1. Additional Tree Lighting
     1. The scope of services shall be the same as in the Natural Tree Lighting section. Bidders shall provide pricing based on height classifications.
  2. Entrance Monument Uplighting
     1. Bidders shall furnish, install, maintain, and remove decorative uplighting at City entrance signs and monument features. Uplighting shall be maintained daily. Uplighting may include color-changing red, green, blue (RGB) fixtures, warm white holiday uplighting, programmable holiday color themes, and temporary power infrastructure
     2. Potential Locations may include, but are not limited to:
        1. Flamingo Road Entrances
        2. Griffin Road Entrances
        3. Sheridan Street Entrances
        4. Palm Avenue Entrances
        5. Community Monument Signs
        6. Other City-designated locations
     3. Bidders shall provide pricing per sign.
  3. City Facility Uplighting
     1. Bidders shall furnish, install, maintain, and remove decorative architectural lighting at municipal facilities. City facility uplighting shall be inclusive of building uplighting, roofline lighting, landscape lighting, tree lighting, pole lighting and decorative displays.
     2. Potential facilities include but are not limited to:
        1. City Hall
        2. Community Center
        3. Pool and Tennis Center
        4. Suellen H. Fardelmann Sports Complex
        5. Bill Lips Sports Complex
        6. Flamingo West Park
        7. Other City facilities
     3. Bidders shall provide pricing per facility.
  4. Decorative Wreaths and Garland
     1. Bidders shall provide all labor, materials, equipment, transportation, installation, maintenance, removal, and storage necessary to furnish and install decorative holiday wreaths and garland throughout designated City facilities, parks, entryways, and streetscapes. 
        1. Pole-Mounted Wreaths
           1. Bidders shall furnish, install and remove pole-mounted wreaths which meet the following minimum requirements: commercial-grade artificial wreath; minimum diameter of 48 inches; UV-resistant materials suitable for outdoor use; decorated with weather-resistant ornaments, bows and greenery; integrated warm white LED lighting; commercial-grade mounting hardware compatible with decorative streetlight poles; installation at heights ranging from 3 feet to 30 feet; electrical connections hidden from public view, where applicable; secured against wind loads; 
           2. Bidders shall provide pricing per pole-mounted wreath installed
        2. Building Wreath
           1. Bidders shall furnish, install, maintain, and remove building wreaths which meet the following minimum requirements: commercial-grade artificial wreath; available sizes of 48-inches, 72-inches and/or 96 inches in diameter; UV-resistant construction; decorated with weather-resistant holiday accents; LED illumination included; installation on building facades, entrance features, community centers, or recreation facilities.
           2. Installation shall include all mounting hardware and structural supports. Bidders shall be responsible for verifying mounting stability.
        3. Decorative Garland
           1. Bidders shall furnish, install, maintain, and remove building decorative garlands which meet the following minimum requirements: commercial-grade artificial garland; minimum diameter of 12 inches; UV-resistant outdoor-related materials; decorated with weather-resistant ornaments, ribbons, pinecones, or similar holiday accents.
           2. Decorative garlands may be installed on railings, fences, walls, entry features, or facility facades. Decorative garlands should be securely fastened to prevent movement during weather events.
        4. Lighted Garland
           1. Bidders shall furnish, install, maintain, and remove lighted garlands which meet the following minimum requirements: all the requirements of decorative garland; integrated commercial-grade warm white LED lighting; outdoor-rated wiring and connections; power supplies and electrical accessories included; lighting spacing shall provide uniform illumination.
        5. Entryway Garland
           1. Bidders shall furnish, install, maintain, and remove entryway garlands which meet the following minimum requirements: minimum finished garland diameter 18 inches; fully decorated with bows, ornaments and LED lighting; custom fitted to entrance dimensions.
           2. Entryway garlands shall be installed around entrance monuments, gateways, building entrances, archways, and/or decorative structures.
           3. Installation shall include all structural supports and mounting hardware. Bidders are responsible for field verification of dimensions.
        6. Holiday Light Tunnel
           1. Bidders shall furnish, install, maintain, remove, and store temporary holiday light tunnel displays at City parks and facilities. Holiday light tunnels shall meet the following requirements: commercial-grade aluminum or steel frame construction; freestanding design capable of withstanding normal South Florida wind conditions; engineered or manufacturer-certified structural system; modular construction allowing installation in various locations; anchoring systems appropriate for turf, concrete, asphalt or paver surfaces; minimum tunnel length 40 feet; minimum clear width 10 feet; minimum clear height 10 feet; be able to accommodate pedestrian traffic in both directions; be fully ADA accessible; have no trip hazards, exposed wiring or obstructions; maintain minimum 5 foot clear pedestrian path throughout display; fully illuminated using commercial-grade LED lighting; minimum 90% visible tunnel surface covered with lighting elements; warm white or RGB color-changing options; programable lighting effects preferred; outdoor-rated electrical systems.
• Asbestos Liability Coverage —

  For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of work performed under this Agreement.

• RESPONSIBLE CONTRACTOR REQUIREMENT —

  The City shall award contracts only to responsible Bidders possessing the ability to successfully perform under the terms and conditions of the Agreement.

  The Bidder shall possess, at minimum:

  1. Adequate financial resources;
  2. Necessary experience and technical qualifications;
  3. Satisfactory performance history;
  4. Integrity and ethical business practices;
  5. Appropriate licensing and certifications; and
  6. Ability to comply with all required delivery schedules and contract requirements.
• Hazardous Waste Transportation Coverage —

  Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials in an amount not less than $1,000,000 per claim limit and provide a valid EPA identification number.

• SUBCONTRACTOR COMPLIANCE —

  The Bidder shall ensure that all subcontractors, suppliers, consultants, and lower-tier subcontractors comply with all applicable Federal procurement standards and requirements.

  The Bidder shall include all applicable Federal provisions in every subcontract associated with this Agreement.

• Disposal Coverage —

  Contractor shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental Impairment Liability insurance, covering liability for sudden and accidental occurrences in an amount not less than $1,000,000 per claim and shall include liability for non-sudden occurrences in an amount not less than $1,000,000 per claim.

• EQUAL EMPLOYMENT OPPORTUNITY —

  Bidder agrees that during the performance of this federally assisted construction contract, the Bidder shall comply with the Equal Opportunity requirements set forth in 41 CFR § 60-1.4(b), including the following:

  1. The Bidder shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin and shall take affirmative action to ensure equal employment opportunity during all phases of employment.
  2. The Bidder shall include equal employment opportunity statements in all recruitment advertisements and solicitations for employment related to this Project.
  3. The Bidder shall post notices provided by the contracting agency in conspicuous places available to employees and applicants for employment.
  4. The Bidder shall notify each labor union or workers’ representative with which it has a collective bargaining agreement or other contract understanding of the Bidder’s commitments under Federal equal opportunity requirements.
  5. The Bidder shall comply with all provisions of Executive Order 11246, 41 CFR Chapter 60, and all applicable orders and directives issued by the Secretary of Labor.
  6. The Bidder shall furnish all information and reports required by Federal regulations and permit access to records by the City of Cooper City, the administering Federal agency, and the United States Department of Labor for purposes of determining compliance.
  7. Failure by the Bidder to comply with these requirements may result in cancellation, termination, suspension, withholding of payments, or other sanctions authorized by Federal law.
  8. The Bidder shall incorporate this clause into all subcontracts and purchase orders associated with this Solicitation unless exempted by Federal regulation.
   
   
• DAVIS-BACON ACT AND COPELAND ANTI-KICKBACK ACT COMPLIANCE —

  Pursuant to the Davis-Bacon Act, as amended (40 U.S.C. §§ 3141–3148), the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), 2 CFR Part 200, Appendix II, and Department of Labor regulations set forth in 29 CFR Parts 1, 3, and 5, the following provisions shall apply to this Solicitation and any resulting Contract:

  1. Minimum Wage Requirements
     1. The Bidder and all subcontractors performing work under the Contract shall pay all laborers and mechanics employed directly upon the site of the work wages at rates not less than those contained in the wage determination issued by the United States Department of Labor (“DOL”) applicable to the Project.
     2. The applicable Federal Wage Determination is incorporated into this Solicitation and any resulting Contract by reference and shall be made a part thereof. The City of Cooper City shall include a copy of the current prevailing wage determination in the Solicitation documents.
     3. The Bidder’s submission of a Bid shall constitute acknowledgment and acceptance of the applicable wage determination.
  2. Weekly Payment of Wages
     1. Bidders and all subcontractors shall pay all laborers and mechanics employed under the resultant Contract not less than once per week.
  3. Classification of Laborers and Mechanics
     1. Laborers and mechanics shall be classified in accordance with the wage classifications contained within the applicable wage determination. Work performed in classifications not specifically listed within the wage determination shall be compensated in accordance with procedures established by the United States Department of Labor.
  4. Certified Payrolls
     1. Bidders and all subcontractors shall submit weekly certified payroll records to the City of Cooper City in compliance with 29 CFR Part 5.
     2. Certified payroll submissions shall include, at minimum:
        1. Employee name;
        2. Employee classification;
        3. Hourly wage rate;
        4. Daily and weekly hours worked;
        5. Gross wages earned;
        6. Deductions made; and
        7. Net wages paid.
     3. Bidders shall maintain payroll and basic employment records during the course of the work and for a period of not less than three (3) years after completion of the Project.
  5. Access to Records
     1. Bidders shall permit authorized representatives of the City of Cooper City, the Federal awarding agency, and the United States Department of Labor access to payrolls, employment records, and other documents necessary to verify compliance with Davis-Bacon Act requirements.
  6. Compliance With The Anti-Kickback Act
     1. Bidders and all subcontractors shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145) and the requirements of 29 CFR Part 3.
     2. Bidders shall not induce, by any means, any laborer or mechanic employed on the Project to give up any part of the compensation to which such worker is otherwise entitled.
  7. Subcontractor Compliance
     1. Bidders shall incorporate the Davis-Bacon and Copeland Act requirements into every subcontract associated with the Project and shall require all subcontractors to comply with all applicable Federal labor standards.
     2. Bidders shall remain responsible for subcontractor compliance.
  8. Withholding
     1. The City of Cooper City may withhold funds from Bidders, sufficient to satisfy unpaid wages, liquidated damages, or other amounts required to resolve violations of applicable Federal labor standards.
  9. Violations and Reporting Requirements
     1. The City of Cooper City shall report all suspected or reported Davis-Bacon Act or Copeland Act violations to the applicable Federal awarding agency.
     2. Failure by the Bidder or subcontractors to comply with Federal labor standards may result in:
        1. Withholding of payments;
        2. Contract termination;
        3. Suspension or debarment;
        4. Recovery of unpaid wages;
        5. Liquidated damages; and/or
        6. Any other remedy authorized by Federal law or regulation.
  10. Condition of Award
      1. Award of the resultant Contract shall be expressly conditioned upon the Bidder’s acceptance of the applicable Federal Wage Determination and compliance with all Federal labor standards requirements referenced herein.
• Professional Liability —

  Coverage must be afforded for Wrongful Acts in an amount not less than $1,000,000 each claim and $2,000,000 aggregate. 

  Contractor must keep the professional liability insurance in force until the third anniversary of expiration or early termination of this Agreement or the third anniversary of acceptance of work by the City, whichever is longer, which obligation shall survive expiration or early termination of this Agreement.

• Property Coverage (Builder’s Risk) —

  For buildings/structures under construction, coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs, with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to:

  • All Risk Coverage including Flood and Windstorm with no coinsurance clause
  • Any separate Flood and/or Windstorm deductibles are subject to approval by the City
  • Waiver of Occupancy Clause Endorsement, which will enable the City to occupy the facility under construction/renovation during the activity
  • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project 
  • Equipment Breakdown for cold testing of all mechanized, pressurized, or electrical equipment

  This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City.

• CONTRACT WORK HOURS AND SAFETY STANDARDS ACT —

  This Solicitation, the resultant Contract and any subcontractor agreements which involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Bidders shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

• Property Coverage (on-going basis) —

  Coverage must be afforded in an amount not less than 100% of the replacement value of the property with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to:

  • All Risk Coverage including Flood and Windstorm with no coinsurance clause
  • Any separate Flood and/or Windstorm deductibles are subject to approval by the City

  This policy shall insure the interests of the owner and Lessee in the property against all risk of physical loss and damage and name the City as a loss payee.

  Lessee shall, at Lessee’s own expense, take all reasonable precautions to protect the Premises from damage or destruction.

• RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT —

  Bidders shall comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

• Railroad Protective Liability —

  Coverage must be afforded in an amount not less than $2,000,000 per occurrence for any work performed on, over, under, adjacent to or within 50 feet of the railroad right-of-way.

• CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT —

  with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

• Watercraft Liability (Protection and Indemnification) —

  Coverage must be afforded in an amount not less than $1,000,000 per occurrence and must cover the utilization of watercraft, including Bodily Injury and Property Damage arising out of ownership, maintenance, or use of any watercraft, including owned, non-owned, and hired.

  Coverage may be provided in the form of an endorsement to the Commercial General Liability policy, or in the form of a separate policy covering Watercraft Liability or Protection and Indemnity for Bodily Injury and Property Damage.

• DEBARMENT AND SUSPENSION —

  Bidders and subcontractors shall not be listed on the governmentwide exclusions in the System for Award Management (SAM). The award of the resultant contract shall not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

• BYRD ANTI-LOBBYING AMENDMENT —

  Bidders shall file the required certification, pursuant to Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) . Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

• PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT —
  1. Bidders are prohibited from:
     1. Procuring or obtaining covered telecommunications equipment or services;
     2. Extending or renewing a contract to procure or obtain covered telecommunications equipment or services; or
     3. Entering into a contract (or extending or renewing a contract) to procure or obtain covered telecommunications equipment or services.
  2. Pursuant to Section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following:
     1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
     2. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
     3. Telecommunications or video surveillance services provided by such entities or using such equipment;
     4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country;
  3. Covered telecommunications equipment or services also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
  4. Bidders certify that they will comply with the prohibition on covered telecommunications equipment and services in this section. Bidders are not required to certify that funds will not be expended on covered telecommunications equipment.
  5. For additional information, see section 889 of Public Law 115-232 and § 200.471 .
• DISADVANTAGED BUSINESS ENTERPRISE —

  When possible, Bidders shall ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms (See U.S. Department of Labor's list) are considered.

• NONDISCRIMINATION —

  The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the Bidders and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
  The Bidder and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

  Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor, including 41 CFR Part 60, and 29 CFR Parts 1625-1627.

• NON-DEGREGATED FACILITIES —

  This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
  As prescribed by 41 CFR 60-1.8, Bidders shall ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. Bidders may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. Bidder's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. Bidders shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

• SUBLETTING OR ASSIGNING THE CONTRACT —

  . The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the City. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the Bidder's own organization (23 CFR 635.116).
  The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the Prime Bidder, and equipment owned or rented by the Prime Bidder, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the Prime Bidder, or any other assignees. The term may include payments for the costs of hiring leased employees from an
  employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)

  (1) the Bidder maintains control over the supervision of the day-to-day activities of the leased employees;
  (2) the Bidder contractor remains responsible for the quality of the work of the leased employees;

• SAFETY: ACCIDENT PREVENTION —

  In the performance of this solicitation and resultant contract, Bidders shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). Bidders shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by this Solicitation and the resultant Contract. 23 CFR 635.108.2.

  It is a condition of this solicitation and resultant contract, and shall be made a condition of each subcontract, which the Bidder enters into pursuant to this contract, that the Bidder and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

  Pursuant to 29 CFR 1926.3, it is a condition of this Solicitation and resultant Contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —

  This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.

  1. Instructions for Certification – First Tier Participants:
     1. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.
     2. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person
        from participation in this transaction. 2 CFR 180.320.
     3. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.  2 CFR 180.325.
     4. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350.
     5. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier
        Participant or other Lower Tier Participants (such as subcontractors and suppliers).
     6. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2
        CFR 180.330.
     7. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier
        covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
     8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325.
     9. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
     10. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
• Certification Regarding Use of Contract Funds for Lobbying —

  This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A.

  The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

  • No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal 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.
  • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal 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 undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

  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 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.

  The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.

• REMEDIES AND SANCTIONS —

  Failure by the Bidder to comply with applicable Federal procurement requirements shall constitute a material breach of this Agreement and may result in:

  1. Termination for cause;
  2. Withholding of payment;
  3. Disallowance of costs;
  4. Suspension or debarment;
  5. Recovery of funds;
  6. Contract cancellation; and/or
  7. Any other remedy available at law or equity.

   

Submission Requirements

• Bidder's legal name of firm, entity or organization and Federal Employer Identification Number (FEIN). (required)
• Please provide the address to your firm's principal place of business, If different than the address in your firm's vendor profile. (required)
• Provide your firm's operating address.* (required)
• Bidder's organization structure: (required)
• Other (explain):
• Please provide the name, phone number and email address for the your firm's primary contact for this solicitation. (required)
• Provide the name, title, telephone number and email address for your firm's Authorized Signatory Contact. (required)
• List all owners and/or partners of the entity. Ensure to include the percentage of ownership for each owner/partner. (required)
• Are any of the owners/partners listed above owners/partners of other entities? If yes, identify the name of the owner/partner, other company names and percentage of ownership. (required)
• List the names of subcontractors/subconsultants which will be to provide the requested goods and/or services. (required)
• Bidder shall indicate the percentage of the Work (total bid percentage) it will perform with its own forces. (required)
• Provide the total number of employees of your entity. (required)
• Will a labor force company be used to provide any workers? If yes, please upload a document explaining advise what agency the workforce will come from and why. (required)
• Are any owner(s)/principal(s)/person(s) with ownership interest in the company a City of Cooper City Elected Official, Agency Board Member or Employee? If yes, please upload a document the owner(s)/principal(s)/person(s) with ownership interest and their position. (required)
• Are any immediate family members of your entity's owner(s)/principal(s)/person(s) with ownership interest in the company a City of Cooper City Elected Official, Agency Board Member or Employee? If yes, please upload a document identifying family member of the owner(s)/principal(s)/person(s) with ownership interest and their position. (required)
• Have any lawsuits been filed against your company in the past five (5) years? If yes, please upload a document identifying each lawsuit and its current disposition. For each lawsuit, provide its case number, venue, the year the suit was filed, the basis for the claim or judgement, its current disposition and, if applicable, the settlement unless the value of the settlement is covered by a written confidentiality agreement. (required)
• To the best of your knowledge, is your company or any officers of your company currently under investigation by any law enforcement agency or public entity? If yes, please upload a document providing details including the identity of the officer and the nature of the investigation. (required)
• Have any key staff or principals (including stockholders with over 10% ownership) of the company been convicted by a Federal, State, County or Municipal court or do any Key Staff or Principals have any pending violations of law, other than traffic violations? If yes, please upload an explanation of any convictions or pending actions including the name of the Key Staff member or Principal involved and the nature of the offense. (required)
• Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? If yes, please upload an explanation providing the name of entity/owner, name of the project, contract number, circumstances of liquidated damages and/or default and the ultimate disposition of the issue. (required)
• Has the entity or its Principals failed to qualify as a responsible offeror, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years or been declared to be in default on any contract in the last five (5) years? If yes, please upload an explanation including the name of the awarding agency, the contract number, year and a description of the circumstances. (required)
• Has the Bidder or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? If yes, please upload an explanation providing the date, court jurisdiction, action taken and any other explanation deemed necessary. (required)
• If you answered yes to any of the questions above, please upload the required documentation/justification below.
• Submitter shall provide proof that they are licensed to do business in the State of Florida. (required)
• Upload references below. (required) —

  Please download the below documents, complete, and upload.

• Submitters shall provide the name, title, resume, and contact information of the Project Manager that will be assigned to the resultant Contract. (required)
• Required forms and affidavits. (required) —

  Please download the below documents, complete, and upload.

• Submitters shall submit pricing below. (required) —

  Please download the below documents, complete, and upload.

• The execution of this form constitutes the consent of the bidder to be bound by the terms of its submittal and the solicitation. Failure to sign where indicated below by an authorized representative may render the submitted non-responsive. The city may however, in its sole discretion accept any response that includes an executed document which unequivocally binds the submitter to the terms of its submittal and the solicitation. (required)
• The undersigned hereby certifies that this bid is submitted in response to this solicitation and that the submitter accepts and agrees to the terms and conditions listed within. (required)
• Is this a one time purchase or a term purchase? (required)
• Will this solicitation have a pre-bid meeting? (required)
• Specialized Coverages (required) —

  Do you require any specialized coverages?

• Special Coverages Type (required) —

  Pick which specialized coverages you need from the list below.