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Res No 142-23-16075RESOLUTION NO. 142-23-16075 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND AW ARD ING A CONSTRUCTION CONTRACT TO AD RESTORATION AND WATERPROOFING, LLC FOR THE MUNICIPAL PARKJNG GARAGE EMERGENCY REPAIRS PROJECT; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. WHEREAS, on September 27, 2023 , Kimley Horn and Assoc iates, Inc. provided the C ity w ith a Structural Condition Assessment (the "Report") of the 2007 Municipal Parking Garage (the "Garage"), wh ich Report found th e Garage had failed flange connections and joint sealant with associa ted spall ing betv1ee n the double-tees at the ramp from parkin g levels 2 to 3; and WHEREAS, the report characteri zed these findings as critical priority recommendation s that may prese nt a li fe-safely concern if not p eriodically monitored and addressed immediate ly; and WHEREAS, on September 29, 2023, the C ity iss ued Request for Quotes No. FN2023-15 (the "RFQ") for th e Municipal Parking Garage Emergency Repairs Projec t (the "Project"), which includes emergency repairs to the Garage necessary to address the failed flange connections, joint sealant, and spalling between double-tees at the ramp between parking level 2 and 3; and WHEREAS, on October 13, 2023 the City received a total of two (2) quotes in response to a soli citati on; and WHEREAS, AD Restoration and Waterproofing, LLC (the "Contractor") submitted the lowest, responsive and responsible quote in the amount of $45,409.21; and WHEREAS, th e City Comm.ission desires to select the Contractor for construction of the Project and authorize th e C ity Manager to ente r into a contract for construction, in substantia ll y Page l of3 Res. No . 142-23-l6075 the form attached hereto as Exhib it "A" (th e "Co ntrac t"), fo r th e Project in an amount not to exceed $45,409.2 1; and WHEREAS, Proj ect costs in th e amo unt of $45,409.2 1 shall be char ged to the Capital Improvement Pro gram Fund account numb er 30 l-1 790 -51 9-645 0, whi ch has a balan ce of $2,177 ,502.24 prior to thi s request; and WHEREAS, the City Co mmi ss ion find s th at this Reso luti on is in the best interes t and welfare of the City NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA : Section 1. Recitals. The above-stated re citals are tru e and correc t and are inc orporated herein by thi s refe renc e. Section 2. Selection. Th e City Co mmissio n hereby selec ts the Co nt rac tor and awards the Co ntra cto r th e Co ntra ct for th e Project. Section 3. A utho1ization. Th e City Commiss ion hereby aut hori zes the City Manager to enter into the Co ntra ct, in substantia ll y the form att ac hed hereto as Exhibit "A," with the Co ntractor fo r the Proj ect in an amount not to exceed $45,409.2 1, subje ct to th e appro va l of the Ci ty Atto rney as to form , conte nt , and lega l suffi ciency. Section 4. Implementation. The City Manager is hereby au th orize d to take any and all action necessa ry to im ple ment th e Proj ect and th e pu1poses of this Resolution. Section 5. Corrections. Co nfonn.ing language or tec hn ica l sc rivener-type coJTect ions may be made by the Cit y Attorn ey fo r any confonning amendments to be inc orporated in to the frna l reso lution fo r signature. Section 6. Effective Date. Thi s Reso luti on sha ll beco me effec ti ve immediately up on Page 2 of 3 Res . No . 142-23 -16075 adopt ion. PASSED AND ADOPTED this l 71 1, day of October, 2023. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE , LEGALITY, AND EXECUTION THEREOF: , CITY ATTORNEY APPROVED: COMMISSION VOTE: Mayor Fern andez : Vice Mayor Bonich: Comm issioner Calle: 4-0 Yea Absent Yea Commissioner Corey: Yea Comm issioner Liebman: Yea Page 3 of3 Agenda Item No:Fa. City Commission Agenda Item Report Meeting Date: October 17, 2023 Submitted by: Steven Kulick Submitting Department: Finance Department Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND AWARDING A CONSTRUCTION CONTRACT TO AD RESTORATION AND WATERPROOFING, LLC FOR THE MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS PROJECT; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER) Suggested Action: Attachments: v2Memo-Pkg_Gar_Struct_Proj10-16-23.docx Resolution Approving Emergency Repairs to South Miami Municipal Parking Garage.DOC 2023-09-27 CSM Municipal Parking Garage - Condition Assessment Report. FINAL.pdf RFQ Parking Garage Emergency Repairs 9.29.23.pdf A & D Restoration Parking Garage Emer Repairs 09.23.23.pdf Quotes Received Emer. Parking Garage Reparis 10.13.23.pdf Sun Biz A & D Restoration.pdf Emergency Parking Garage Repairs - Contract.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Genaro “Chip” Iglesias,City Manager DATE:Tuesday, October 17, 2023 SUBJECT:Municipal Parking Garage Double Tee Flange Connection Emergency Repairs RECOMMENDATION:Approval of the Municipal Parking Garage Double Tee Flange Connection Emergency Repairs BACKGROUND:The City of South Miami received from Kimley Horn and Associates, Inc., on September 27, 2023, a Structural Condition Assessment of the 2007 Municipal Parking Garage that provides approximately 435 parking stalls, and restaurants and retail spaces at ground level. The findings revealed failed flange connections and joint sealant with associated spalling between the double-tees at the ramp from Level 2 to Level 3. The report characterized these findings as critical priority recommendations that may present a life-safety concern if not periodically monitored and recommended to be addressed immediately as well as recommended to divert traffic away from the driving lanes (i.e. center/mid-span of the DT) on the ramp from Level 2 to Level 3 where deficiencies were observed and only permit cars to travel up and down the ramps along the parking spaces/lanes. The traffic diversion was implemented immediately following receipt of Assessment report. PROCUREMENT PROCESS:Through the Procurement Division, the City’s Public Works & Engineering issued on September 29, 2023, an Emergency Repair solicitation RFQ#FN2023-15 for the Double-Tee Flange Connection, joints and spall repairs.The Request for Quote was emailed to seven (7) contractors, recommended by Kimley Horn, that specialize in this type of work. On October 13, 2023,the City received a total of two (2) proposals in response to a solicitation. Pursuant to review, it was determined that AD Restoration & Waterproofing, LLC is the most cost effective and responsible bidder for this proposal. Below are the top two proposals received: Contractor Bid Price A & D Restoration $45,409.21 Western Specialty Contractors $46,212.51 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM VENDOR &EXPENSE:AD Restoration & Waterproofing, LLC Proposal/contract amount shall not exceed $45,409.21. FUND &ACCOUNT:The expenditure shall be charged $45,409.21 to the Capital Improvement Program Fund account number 301-1790-519-6450 which has a balance of $2,177,502.24 prior to this request. ATTACHMENTS:Resolution Municipal Garage Structural Condition Assessment FINAL by Kimley-Horn and Associates, Inc., dated September 27, 2023. RFQ #FN2023-15 AD Restoration & Waterproofing Bid Documents & Contract Quotes RFQ#FN2023-15 Sun Biz 3 City of South Miami Municipal Garage Structural Condition Assessment – FINAL September 27, 2023 7 1 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Table of Contents Executive Summary .................................................................................................................... 2 Introduction ................................................................................................................................. 3 Scope of Work .................................................................................................................................. 3 General Description ......................................................................................................................... 3 Previous Modifications and Repairs Observed ................................................................................ 4 Ratings ....................................................................................................................................... 5 Key Findings ............................................................................................................................... 7 Concrete and Waterproofing ............................................................................................................ 7 Miscellaneous Items ....................................................................................................................... 11 Recommendations .................................................................................................................... 13 Prioirity 1 Recommendations ......................................................................................................... 14 Priority 2 Recommendations .......................................................................................................... 14 Priority 3 Recommendations .......................................................................................................... 15 Appendices ................................................................................................................................... Appendix A - Field Photographs .................................................................................................... 16 Appendix B – Limitations................................................................................................................ 19 Appendix C – Guidelines and Definitions ....................................................................................... 20 Appendix D – Opinion of Probable Cost ........................................................................................ 24 8 2 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL EXECUTIVE SUMMARY At the request of City of South Miami (“Owner”), Kimley-Horn and Associates, Inc. completed a limited condition assessment of the Municipal Parking Garage, as part of the agreement dated May 23, 2023. The limited condition assessment site visits were performed on August 29, September 5, and September 13, 2023. The purpose of the condition assessment was to observe the general condition of the parking structure, identify deficient items, provide repair recommendations and order of magnitude cost for repairs. The parking garage is constructed of various structural framing systems, including precast concrete and cast-in-place concrete elements. The property is located at 5829 SW 73rd St, South Miami, Florida with a single entrance to parking at the ground level on the west side of the garage. In this report, the elements observed during the condition assessment are categorized into three types of systems: the primary structural framing system, operational systems, and aesthetic systems. The observed structural framing system consis ted of the slabs, beams, columns, walls, bearing pads, curbs, joints, waterproofing, architectural sealants, and parapets. The observed operational systems generally consisted of the piping, lighting, striping, signage, and safety items. Observed aesthetics systems consisted of the exterior façade, painting, and general overall appearance. No destructive or intrusive testing was performed as part of our evaluation. Deficient items observed during the non-destructive, visual walkthrough survey have been categorized according to the recommended urgency with which the deficiencies are recommended to be addressed. Critical Priority items have been determined to compromise the structural integrity of precast double-tee members and shall be addressed immediately. Priority 1 items have been determined to impose a more immediate impact on the building and parking deck and are those items that are recommended to be addressed within the next 6 months. Priority 2 and 3 items include those deficiencies that have less immediate impact on structural and operations of the building and are therefore recommended to be addressed after Priority 1, but in the next 24 months. Refer to the Opinion of Probable Cost (“OPC”) provided in Appendix D for the total cost of all Priorities. No immediate, life-threatening structural issues were observed in the condition assessment. However, double tee (DT) flange connections in the ramp form Level 2 to level 3 shall be monitored periodically. The extent of recommended repairs remained generally consistent throughout the parking garage. Based on limited, non-destructive, visual observations, the overall performance rating for the City of South Miami Municipal parking garage is fair. The details of these findings are discussed further in the main body of this report. 9 3 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL INTRODUCTION S COPE OF W ORK At the request of City of South Miami (“Owner”), Kimley-Horn and Associates, Inc. (Kimley-Horn) has performed a condition assessment for the City of South Miami Municipal Parking Garage. The objective of this report is to provide the Owner with a condition assessment report to document the general condition of the parking and service facilities, identify deficient items, and recommend repairs to maintain and extend the service life of the structures. Based on our recommendations, opinion of probable repair costs is provided in Appendix D. As part of the scope of services, a visual, non-destructive limited condition assessment of the parking deck’s structural components, waterproofing components, and drainage deficiencies was conducted. In addition, Kimley-Horn completed the following tasks as part of the on-site assessment: 1. Met with the Client to prepare the condition assessment and restoration scope, who were familiar with the structures to solicit input related to known maintenance issues. 2. Reviewed limited structural and architectural plans provided by the Client. Kimley-Horn observed structural framing elements including, precast concrete components and cast-in- place concrete components. The precast concrete structural framing components included double-tees, inverted T-beams, columns, and shear walls. The cast-in-place concrete components included slab-on- grade, topping slabs, and concrete washes . Kimley-Horn observed waterproofing systems including waterproofing membrane, and joint sealants. Kimley-Horn observed miscellaneous items including vehicular barrier systems, pipes, and railings. Observations of the exterior façade were conducted from grade level. Limited hammer soundings were performed on representative areas of concrete floor systems to identify delamination. Destructive and/or intrusive testing was not performed as a part of our visit. Defining structural characteristics and items indicative of overall current conditions along with specific items requiring attention were documented with photographs and can be found in Appendix C. A limited review was completed of documents previously provided by the Client. The documents consisted of original and as-built plans for the parking garage. Kimley-Horn only reviewed the documents to become familiarized with the parking garage layout. Kimley-Horn did not perform structural calculations, structural analyses (gravity or lateral) or code reviews of the structures, including accessibility. G ENERAL D ESCRIPTION Provided below is a general description of the Municipal Garage, based on the walk-through performed and information provided in the existing plans provided by the Client. • Property: The property is located at 5829 SW 73rd St, South Miami, Florida. The structure consists of restaurants, commercial retail spaces and parking decks. The parking structure on the property is confined by SW 58th Ct, SW 58th Ave and SW 73rd St. 10 4 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Aerial Image Courtesy of Google Earth • Contractor: Unknown. • Year Constructed: Construction of the parking garage and commercial spaces was circa 2006. • Construction Type: The structural framing system consists of precast double-tees, inverted T- beams, columns, and walls; and cast-in-place slabs and washes. • Parking and Vehicular Access: There is a single entrance to parking at the ground level on the west side of the garage. • Expansion Joints: There are no expansion joints in the parking structure. • Description: The parking garage consists of four elevated parking decks over a commercial space on the ground level containing restaurants and retail stores . PREVIOUS MODIFICATIONS AND REPAIRS OBSERVED The following repairs were observed to be previously completed under a separate project (not by Kimley- Horn). • Waterproofing sealant application. • Concrete repairs and patches. • Routed and sealed concrete. 11 5 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL RATINGS A visual, non-destructive condition assessment of the readily accessible structural and waterproo fing elements was conducted on the parking deck and vehicle service facilities. The tables in this section contain categories of structural and waterproofing components that were observed during the on-site limited condition assessment with each element receiving a rating of ‘Good’, ‘Fair’, ‘Poor’, or ‘N/A’ which represents the median condition of all individual similar elements within that category. Rating descriptions are defined in Appendix C. Tables are also provided summarizing assessment ratings for several readily accessible operational and aesthetic elements. The parking garage was generally found in fair condition, with damaged precast connections, minor cracks and spalling in concrete members and typical water proofing deficiencies. More detailed information is provided within the next section elaborating on key observations and findings, noted with an asterisk (*). Table 1. Structural Elements Ratings Item Rating Description Concrete (General) Good Concrete was found in generally good condition, with minor deterioration observed around the structure, such as spalls with or without exposed reinforcement, delaminated concrete, and cracking. Slab-on-Grade Fair Typical cracks were observed on grade level. Additional cracks not observed may be present upon removal of dirt and debris from powerwashing the floor surface. Precast Double Tees Fair/Poor Precast Double Tees were observed to have few spalling on the stems and floor cracks. Multiple flange connections are damaged at the ramp from Level 2 to Level 3. Multiple spalling was observed adjacent to flange connections. Additional cracks not observed may be present upon removal of dirt and debris from powerwashing the floor surface. Inverted T-Beams Good Inverted T-beams were found in generally good condition, with few cracks and spalls throughout the garage. Columns/Walls Good Walls and columns were observed to be in generally good condition, with few cracks and spalls throughout the garage. Sealants Fair Sealants were observed to be in generally fair condition, with areas deteriorated around column and panel joints throughout the garage, primarily on covered floor. Sealants on the top deck were in good condition. Waterproofing Traffic Coating Fair Traffic coating was observed to be in generally fair condition, with signs of typical wear and debonding. Miscellaneous Metals Poor Mechanical equipment supports, pipe supports, bollard base plates, and electrical conduit pipe supports were observed to be in generally poor condition with significant corrosion. Precast Steel Connections Fair/Poor Damaged Double-Tee Flange connections were observed in multiple locations along the ramp from Level 2 to level 3. Typical precast steel connections were observed with signs of corrosion. Plastic covers were missing in few locations, allowing exposure to the elements. 12 6 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Table 2. Operational Elements Ratings Item Rating Description General Maintenance Fair Parking deck was observed to contain dirt and debris build up. Water stains and signs of water intrusion observed in multiple locations. Floor Drains Good Floor drains throughout the garage were observed to be in generally good condition and free of debris. Water Ponding Good Only few small areas of water ponding were observed, which indicates overall adequate drainage slope and functioning floor drains. Pipes Good/Poor Pipes were observed to be in generally good condition without significant corrosion. However, pipe supports were observed to be corroded. Table 3. Aesthetic Elements Ratings Item Rating Description Façade Good Façade was observed to be in generally good condition with typical concrete and stucco wall cracks at few locations. Paint Fair Areas in need of new paint were observed on the top deck. 13 7 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL KEY FINDINGS Outlined below are the key findings of our limited condition assessment of the parking garage. The intent of this summary is not to list every deficiency observed or recommended for repair, but rather to provide a more detailed description of key items included in the list of elements in the ratings tables above. Representative photographs were taken to provide examples of observed deficiencies and can be found in Appendix A. Select photographs are provided within this section. CONCRETE AND WATERPROOFING • Precast Double Tees Areas of cracking and spalling of concrete were observed on the double tee beams, primarily at the base of the stem or at the flange connections. Overhead floor spall Overhead floor crack Overhead floor spall Overhead spall 14 8 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL • Slab-on-Grade Slab-on-grade floor cracks Slab-on-grade floor cracks Typical instances of cracking and spalling of concrete were observed on the slab-on-grade. Previous crack repairs consisting of routing and sealing were observed. Additional cracks not observed may be present upon removal of deck coating and dirt and debris from powerwashing the floor surface. • Spandrels and Inverted T-Beams Few cracks and spalls were observed on the spandrels and inverted T-beams, which generally occurred at the column supports. Parking Level 3 Level 2 Exterior 15 9 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL • Double-Tee Connections Broken and missing flange connection were identified in the ramp from Level 2 to Level 2. Significant cracking was also observed in some instances on the top side of the double-tee cantilevered flange. This may be attributed to failed flange connections between the double-tees, which results in high bounce at the joint and further damage to the structural members around the connection. Missing Flange Connection Broken Flange Connection Floor crack Floor crack 16 10 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL • Sealants Multiple areas of deteriorated sealant were observed. Deteriorated sealants were noted between column/wall to floor slabs and wall joints. Water intrusion stains were observed at various areas. Horizontal sealant Horizontal sealant Horizontal double-tee sealant Vertical sealant 17 11 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL • Water Proofing Traffic Coating Signs of water intrusion were observed throughout the garage due to inadequate water proofing. The deck coating on the lower levels is showing signs of deterioration and overtime will lead to water intrusion into the slab and concrete members if not replaced. Deck coating Water intrusion – parking level 4 MISCELLANEOUS ITEMS Other miscellaneous items such as steel corrosion, wheel stop replacement/repair and powerwashing were observed to be needed. Steel anchors embedded into the concrete deck remain exposed and will lead to corrosion and concrete delamination over time. Additionally, powerwashing of the parking deck is recommended as part of the general maintenance of the garage. Debris buildup Electrical Conduit Pipes 18 12 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Pipe supports Pipe supports Metal deck rust Missing plastic cover 19 13 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL RECOMMENDATIONS Parking decks are exposed to the environment and require diligent upkeep of waterproofing and sealing systems to maintain structural components in good condition. Anywhere water is intruding or steel is exposed to the environment should be addressed, as ignoring these items can limit the useful life of the garage. While operational and aesthetic issues may not directly affect the deck’s life span in the same way that structural issues can, they should not be ignored solely on that basis. The Owner has a vested interest in maintaining a user friendly, appealing structure in the same way it has an interest in protecting its parking investment from the effects of disregard of structural repairs. The recommendations in this report are primarily structural and waterproofing issues; however, some operational issues are also addressed. The following repair recommendations have been prioritized according to their impact on the overall structural and waterproofing systems, operational and aesthetic systems of the parking garage. Priority 1 recommendations are typically more structural in nature and intended to repair / restore items that are now deficient. Priority 2 and 3 recommendations are intended to assist in protecting the deck from further deficiencies. A table has been prepared with action items for each priority. • CRITICAL PRIORITY 1 deficient items may present a life-safety concern if not periodically monitored and are recommended to be addressed immediately. • PRIORITY 1 deficient items have a more immediate impact to the functionality of the building systems and are recommended to be addressed within 6 months. Included are also items observed that may present a life-safety concern if not periodically monitored. • PRIORITY 2 and 3 deficient items are intended to assist in protecting the building from further deficiencies and are recommended to be addressed within 24 months. Implementation of these recommended repairs can be phased and scheduled around the Owner’s parking and service program to accommodate patron usage during the repair process. Many of the recommendations listed below will require specialized design and construction. Specific repair procedures are not part of this condition assessment report. These recommendations outline items in need of repair and present limited conceptual procedures. Construction documents should be developed to address material selection and detailed methods of repairs. A firm with expertise in parking deck repairs should be retained to design and detail the specialty recommendations provided below. Once restoration construction documents are prepared, a specialty contractor should be selected to perform the work . CRITICAL PRIOIRITY RECO MMENDATIONS Table 4. Critical Priority Recommendations Number Description Notes STRUCTURAL DT Flange Connections Reinforce damaged connections by installing supplementary rebar on each side of the connection. Repair concrete spalling at the edge of DT flanges and install new joint sealant. Divert traffic away from the driving lanes (i.e. center/mid-span of the DT) on the ramp from Level 2 to Level 3 where deficiencies were observed and only permit cars to travel up and down the ramps along the parking spaces/lanes. 20 14 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL PRIOIRITY 1 RECO MMENDATIONS Table 5. Priority 1 Recommendations Number Description Notes STRUCTURAL Concrete floor cracks Rout and fill with epoxy floor cracks. Overhead concrete floor cracks, walls cracks, beam cracks, overhead beam cracks, column crack Epoxy inject concrete cracks to fill gap and minimize water intrusion. Concrete floor spalls Remove loose concrete at floor spalls, clean and coat all exposed reinforcement and welded connections. Replace reinforcement with significant section loss, and place concrete repair mortar. Overhead concrete floor spall, overhead beam spall, overhead exposed rebar Remove loose concrete at overhead beam spalls, overhead floor spall, and overhead exposed rebar, clean and coat all exposed reinforcement and welded connections. Replace reinforcement with significant section loss, and place concrete repair mortar. Wall spall, column spall Remove loose concrete at wall spall and column spall, clean and coat all exposed reinforcement and welded connections. Replace reinforcement with significant section loss, and place concrete repair mortar. Further investigation of concrete spalling at the stair connection is recommended to properly repair or strengthen the damaged area. Exposed rebar Remove loose concrete around exposed rebar, clean and coat all exposed reinforcement. Replace reinforcement with significant section loss, and place concrete repair mortar. Precast steel connections Clean and coat steel connections and replace steel with significant section loss. Replace missing or damaged plastic covers at columns. Metal deck Clean and coat metal deck. Double-tee connections Additional testing and observation should be performed to determine if connections are failing on Level 1 and Level 4 where cracks were identified on top side of flange at the edge of the stem. Repair/replace damaged connections, and place concrete repair mortar. PRIORITY 2 R ECOMMENDATIONS Table 6. Priority 2 Recommendations Number Description Notes STRUCTURAL & WATERPROOFING Slab on grade cracks Rout and seal floor cracks. Remove existing sealant from previous floor crack repairs, and rout and seal floor cracks. 21 15 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Overhead concrete floor cracks, stucco cracks, wall cracks Epoxy inject concrete cracks to fill gap and minimize water intrusion. Replace cracked and loose stucco. Sealants Remove existing joint, cove, and vertical sealants. Install backer rod where necessary and apply new sealants. Wheel Stops Replace missing or damaged wheel stops and move displaced wheel stops to the correct locations. Steel Anchors Fully remove steel anchors from the deck and patch concrete. PRIORITY 3 RECOMMENDATIONS Table 7. Priority 3 Recommendations Number Description Notes WATERPROOFING Sealants Remove existing joint, cove, and vertical sealants. Install backer rod where necessary and apply new sealants. Waterproofing Membrane Replace deck coating on lower levels and apply new traffic coating over exposed parking decks after concrete repairs are completed. 22 16 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL APPENDIX A – FIELD PHOTOGRAPHS Photo 1 – General maintenance Photo 2 – General maintenance Photo 3 – Floor crack Photo 4 – Floor spall Photo 5 – Overhead floor spall Photo 6 – Overhead exposed rebar 23 17 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Photo 7 – Column spall Photo 8 – Horizontal/Vertical sealant Photo 9 – Horizontal sealant Photo 10 – Precast steel connection Photo 11 – Precast steel connection Photo 12 – Precast steel connection 24 18 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Photo 13 – Old pipe penetrations Photo 14 – Missing plastic cover Photo 15 – Bollards Photo 16 – Bollards Photo 17 – Water intrusion Photo 18 – Debris build-up Photo 19 – Damaged wheel stop Photo 20 – Damaged wheel stop 25 19 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL APPENDIX B - LIMITATIONS Kimley-Horn and Associates, Inc. endeavors with this report to assist the Owner in the understanding of the existing conditions of the parking facilit ies in an effort to plan for the repair and maintenance of the structures. This report is based on the specific observations made and the professional opinion and experience of Kimley-Horn. Our recommendations do not provide specific repair details or specifications. The report is not a warranty or guarantee of the items noted. The extent of our evaluation was limited, and we cannot guarantee that the assessment discovered every possible condition that has or will occur. Throughout the parking structure’s service life it will be exposed to environmental conditions detrimental to the structural integrity and the aesthetic and operation system conditions. Kimley -Horn cannot guarantee further deterioration will not occur over time. However, preventative maintenance performed by the Owner can help to minimize the long-term repair needs. This report has been prepared in accordance with the professional standard of care. No other warranties or guarantees, express or implied, are made or intended. This report has been prepared solely for City of South Miami for the purpose stated herein and should not be relied upon by any other party for any other purpose. Specifically, this report may not be used in connection with actual renovation or construction of any kind. The conclusions in this report are based on the limited investigation described above. Any reliance on this report by any party other than City of South Miami shall be without liability to Kimley-Horn and Associates, Inc. or its employees. 26 20 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL APPENDIX C – GUIDELINES AND DEFINITIONS Rating Guidelines: The following narrative provides a summary of the rating guidelines and brief definitions of some items that were observed in the garage and noted in this report. Good – rating denotes no life-safety issues, no immediate losses of strength or performance, including aesthetics, and no short term changes in performance with regular maintenance and observation. A structural system is said to be in good condition if there is minor concrete damage, minimal rust, and no leaks or leaching. An operational system is said to be in good condition if the system is in good working order with minor cleaning or routine maintenance required. Fair – rating denotes no life-safety issues and functional performance but repairs are needed to maintain the current level of service. There are some aesthetic issues and inconveniences to patrons. Without repairs, the deterioration will continue to accelerate. Fair condition is assigned to the structural system if moderate damage, rust, leaks, or leaching is found in several locations or if severe damage is found in a few locations. Poor – rating denotes obvious problems, even to the casual observer, that without immediate remediation will result in further loss of structural member capacity. This condition can produce noticeable deflections in members, cause loose concrete to spall away, and presents the possibility of an unsafe condition to vehicles and/or pedestrians in the near future. The system may still be functioning at this state but repair costs will increase rapidly with the amount of time that passes before the item is corrected. The structural system is considered poor if severe damage is found in several locations. A poor assessment is assigned to any operational system that requires replacement. N/A – Not Applicable to this garage. While typically included as a part of our normal condition assessment, this particular category of items was not originally installed in this garage or was not part of the scope of this evaluation. 27 21 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Definitions: Figure 1: Failing Concrete Patch Figure 2: Concrete Delamination Figure 3: Concrete Spall The photographs provided in Appendix C are sample representative photographs of each definition. 1. Patches – Repairs to concrete that require a filler material, usually grout or repair mortar. Patches may be required due to the following causes: reinforcing steel corrosion, concrete spalling, concrete delaminations, failing grout pockets, or external forces, such as automobile collisions. See Figure 1. 2. Delamination – A delamination of concrete occurs when bleed (excess) water rises in concrete to just below the concrete surface as the concrete is curing. This process leaves a thin layer of concrete that separates from the concrete body. Delaminations are detectable by sounding the suspected concrete with a metal object, such as a chain or hammer, and listening for the distinctive dead/hollow sound produced. The sounding instrument will produce a crisp metal ring when sounding over solid concrete. See Figure 2. 3. Spall – A spall is generally a piece of concrete that separates from the main body of the concrete member. Examples include a grout patch that has shrunken away from its pocket or a corner of a member that has broken off and is in the process of falling away or has fallen away already. See Figure 3. 28 22 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Figure 4: Fine Crack Figure 5: Medium Crack Figure 6: Wide Crack Figure 7: Leaking and Leaching Concrete 4. Cracking – Cracks are qualitatively assigned values of Fine (F), Medium (M) or Wide (W). A fine crack is a hairline crack less than 0.01” thick and can sometimes be very hard to see. A medium crack is in between 0.01” and 1/32” wide and a wide crack is anything greater than 1/32” wide. Cracks are qualitatively rated according to their dominant characteristics. See Figure 4, Figure 5, and Figure 6. 5. Leaking – Leaking is determined by any observable sign of fluid flow through a crack or joint. See Figure 7. 6. Leaching – Leaching occurs when water flows through a crack, thereby dissolving away the components of the concrete, mainly calcium, and depositing it in the form of a whitish film or stalactite on the surface. The whitish film is also called efflorescence. See Figure 7. 29 23 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Figure 8: Ponding Water Figure 9: Structural Steel Rust and Scaling 7. Ponding – Ponding water is the settling of water in low areas where it has no way to drain. This standing water not only presents a pedestrian safety hazard, but as water penetrates the concrete the deterioration mechanism is accelerated. See Figure 8. 8. Rust and Scaling – Rust occurs when steel is oxidized. Air, water, and chlorides are some agents that typically cause steel to rust. Scaling is a more advanced condition of rust and occurs when rust is deeper than the surface and flakes off in pieces or ‘scales’. See Figure 9. 30 24 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL APPENDIX D – OPIN ION OF PROBABLE COSTS This page intentionally left blank 31 Structural Elements 1 Concrete Repair 1.1 FC Floor Crack - Rout and Seal (SOG)$6 LF 1700 $10,200 1.2 FC Floor Crack - Epoxy Feeding $35 LF 800 $28,000 1.3 FS Floor Spall $100 SF 7 $700 110 $11,000 1.4 OFS Overhead Floor Spall $150 SF 90 $13,500 1.5 OBS Overhead Beam Spall $150 SF 25 $3,750 1.6 DT-S Double-Tee Stem Spall $180 SF 5 $900 1.7 WC Wall Crack $60 LF 90 $5,400 1.8 WS Wall Spalls $120 SF 15 $1,800 1.9 CS Column Spall $120 SF 1 $120 1.10 ER Exposed Rebar $100 LF 150 $15,000 1.11 OER Overhead Exposed Rebar $150 LF 120 $18,000 1.12 PSC Precast Steel Connection $65 EACH 50 $3,250 1.13 DTC Double Tee Connection $1,500 EACH 66 $99,000 22 $33,000 2 Waterproofing 2.1 HS Horizontal Sealant $7 LF 200 $1,400 5000 $35,000 2.2 VS Vertical Sealant $7 LF 1200 $8,400 2500 $17,500 2.3 CSL Cove Sealant $7 LF 3500 $24,500 1500 $10,500 2.4 DT-S Double-Tee Horizontal Sealant $7 LF 376 $2,632 5600 $39,200 6500 $45,500 2.5 DC Deck Coating $6 SF 40000 $240,000 3 General 3.1 DCR Drain Cap Replacement $300 EACH 1 $300 3.2 RPS Replace Pipe Support $80 EACH 50 $4,000 3.3 BR Bollard Repair $90 EACH 25 $2,250 3.4 SR Steel Deck Rust $65 SF 40 $2,600 3.5 RA Remove Anchor $50 EACH 350 $17,500 3.6 WSR Wheel Stop Repair/Replacement $75 EACH 170 $12,750 Sub-Total: $102,332 $130,920 $125,900 $348,500 General Conditions (Overhead, Profit & Insurance)20%$20,466 $26,184 $25,180 $69,700 Total Estimated Hard Cost $122,798 $157,104 $151,080 $418,200 Contingency 15%$15,350 $19,638 $18,885 $52,275 Engineering Fee/Testing & Inspections 18%$18,420 $23,566 $22,662 $62,730 Total Estimated Cost: $156,568 $200,308 $192,627 $533,205 REPAIR LIST PRIORITY 1 PRIORITY 2 PRIORITY 3 Number CRITICAL PRIORITY Quantity Est. Cost City of South Miami Municipal Parking Garage Opinion of Probable Cost - Structural & Waterproofing Restoration Quantity Est. Cost Miscelaneous Item Unit Price Quantity Est. Cost Quantity Est. Cost 32 CITY OF SOUTH MIAMI REQUEST FOR QUOTE (RFQ) No. FN2023-15 CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS City of South Miami Commission Mayor Javier Fernández Commissioner Lisa Bonich Commissioner Steve Calle Commissioner Josh Liebman Commissioner Brian Corey City of South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 ISSUE DATE: September 29, 2023 AT 4:00 PM RFQ DUE DATE: October 6, 2023 AT 2:00 PM 1 of 79 33 PUBLIC NOTICE REQUEST FOR QUOTE (RFQ) No. FN2023-15 CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS. The RFQ contains detailed information about the scope of work, submission requirements, and selection procedures. The bid submission shall be submitted via email to SKULICK@SOUTHMIAMIFL.GOV and marked “Bid to City of South Miami, RFQ No. FN2023-15 for the “CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS” Bids must be received by the City via email by no later than October 6, 2023 at 2:00 PM EST. Any bid submission received after this time and date will be rejected and returned unopened. Bidders are responsible for ensuring that their bid is received in the City by the deadline. The City hereby provides notice to all Bidders of the imposition of a Cone of Silence for this solicitation, as set forth in Section 8A-7 of the City Code. “Cone of Silence," as used herein, means a prohibition on communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or request/invitation for bid b etween a potential vendor, service provider, proposer or bidder, or agent, representative, lobbyist or consultant for the potential bidder; and (i) members of the City commission; (ii) the City's professional staff; or (iii) any member of the City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or City Attorney with any qu estions on the Cone of Silence. Date Issued: September 29, 2023 2 of 79 34 TABLE OF CONTENTS Section Page Section 1: Information for Bidders 4 Section 2: Terms and Conditions 10 Section 3. Scope of Work 17 Section 4: Bid Submission Requirements and Evaluation & Forms and Attachments 20 Section 4: Bid Form – Form 7 37 Section 4: References – Form 8 39 3 of 79 35 SECTION 1. INFORMATION FOR BIDDERS 1.1. INTRODUCTION/GENERAL BACKGROUND. The City of South Miami, Florida (the “City”) is soliciting bids for the CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS AT 5829 SW 73RD STREET, SOUTH, MIAMI, FL. (the “Project”). The City hereby requests bids for the selection of one firm (“Contractor” or “Bidder”) to provide the work for the Project as set forth in greater detail in Section 3 of this Request for Quote (“RFQ”). The Contractor awarded a contract pursuant to this RFQ shall provide the services, design, labor, materials, equipment, and all incidentals necessary, as further defined in Section 3 of this RFQ (the “Work” or the “Services”) for the Project. The City intends to award a contract to the lowest, most responsive and responsible Bidder whose bid meets the requirements and criteria set forth in this RFQ for the Work described in this RFQ. 1.2. SCHEDULE OF EVENTS. The following schedule is anticipated for this RFQ process, but is subject to change by the City, in its sole discretion, at any time during the RFQ procurement process. No. Event Date* Time* (EST) 1 Distribution of RFQ 9/29/2023 4:00 PM 2 Mandatory Pre-Bid Conference and Site Visit 5829 SW 73RD Street South Miami, FL 33143 NONE SCHEDULED 3 Deadline to Submit Questions / Requests for Clarification 10/4/2023 10:00 AM 4 City Issues Addenda and Responds to Questions 10/4/2023 3:00 PM 5 Deadline to Submit Bids via email to Procurement@southmiamifl.gov – Submission Deadline 10/6/2023 2:00 PM 6 City Posts Bid Summary via email to Respondents 10/9/2023 10:00 AM 7 Purchase Order Issued 10/10/2023 10:00 AM 4 of 79 36 1.3. BID DUE DATE. Bids must submitted via email to skulick@southmiamifl.gov All bids must be received by 2:00 PM E.S.T. on October 6, 2023 (the “Submission Deadline”). A Bid Summary will be provided to all Respondents to the RFQ. 1.4. PRE-BID CONFERENCE AND SITE(S) VISIT. A pre-bid conference, NOT be scheduled for this project. Prior to submitting a Bid, each Bidder should visit the site and become familiar with the conditions that may, in any manner, affect the Work to be performed by the awarded contractor or the equipment, materials and labor required. The Bidder is also required to examine carefully the Scope of Work set forth in Section 3 of this RFQ and be thoroughly informed regarding any requirements or conditions that may in any manner affect the Work to be performed under the Agreement. No allowances will be made because of lack of knowledge of any conditions or requirements. 1.5. ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING BID PROCESS. The City will not respond to oral inquiries or questions concerning this RFQ. All written inquiries, requests for interpretation or clarification shall be sent to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Drive City of South Miami, FL 33143 E-Mail: skulick@southmiamifl.gov Facsimile: (305)669-2636 Any written inquiry or request for interpretation or clarification must be sent by e-mail or written correspondence and received by the City no later than October 4, 2023 at 10:00 AM. All such interpretations or clarifications will be made in writing in the form of an Addendum to this RFQ issued by the City to all known and/or registered prospective Bidders. Each prospective Bidder shall acknowledge receipt of such Addenda by including it in the Bid Form. All Addenda shall be a part of this RFQ and a part of the Agreement and each Bidder will be bound by such Addenda, whether or not received. It is the responsibility of each prospective Bidder to verify that it has received all Addenda issued before Bid are submitted and opened. 1.6. SUBMISSION OF BID. Bids must submitted via email to Steve Kulick, Chief Procurement Officer, email: skulick@southmiamifl.gov and must be marked as “Bid to City of South Miami, RFQ No. FN2023- 15, CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS AT 5829 SW 73RD STREET and addressed to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Drive City of South Miami, FL 33143 E-Mail: skulick@southmiamifl.gov 5 of 79 37 THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO THE CITY ON OR BEFORE THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR DURING THE SUBMISSION OF BIDS. ANY BID RECEIVED AFTER THE SUBMISSION DEADLINE STATED IN THIS RFQ WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. FACSIMILE AND EMAILED BID SHALL NOT BE CONSIDERED. The Bid must be signed by an authorized officer of the Bidder who is legally authorized to bind the Bidder and enter into a contractual relationship in the name of the Bidder. The submittal of a Bid by a Bidder will be considered by the City as constituting an offer by the Bidder to perform the required Work, upon the terms and at the prices stated by the Bidder. The City will only receive submittals via email to skulick@southmiamifl.gov Bids shall be typed or printed in ink. All blanks on the Bid form(s) must be completed. Names mus t be typed or printed below the signature. Bids submitted by hand-delivery, or facsimile will not be accepted. Only one (1) Bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. If the City determines that any Bidder has interest in more than one (1) Bid for Work contemplated; all Bid in which such a Bidder is interested will be rejected. Bidder by submitting this Bid certifies that this Bid is made without previous understanding, contract, or connection with any person, firm or corporation making a Bid for the same material, supplies, equipment or services and is in all respects, fair and without collusion of fraud. 1.7. BID REQUIREMENTS & FORMAT. Each Bidder must present its products, services, and applicable features in a clear and concise manner that demonstrates the Bidder’s capabilities to satisfy the requirements of this RFQ. The emphasis should be on accuracy, clarity, comprehensiveness and ease of identifying pertinent information and suitability of the Work. Bids MUST include the following: 1.7.1. Bid Form Package. Bidder shall provide complete and accurate copies, with all required signatures and notarizations, for all the forms in the Bid Package: Form 1. Bid Form Package Acknowledgement. Form 2A. Bidder’s Certification (if Company or Corporation) Form 2B. Bidder’s Certification (if Partnership) Form 3. Single Execution Affidavits Form 4. Dispute Disclosure Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Form 6. Bidder’s Qualifications Survey Form 7. Bid Form Form 8. Reference List 1.7.2. Proof of Experience. Provide documentation evidencing the experience of the Bidder and demonstrating that the Bidder has successfully provided Work similar to those specified herein to other firms and/or agencies of similar size and needs as the City. The Bidder firm shall be currently engaged in Work on a full time basis and shall have been in existence and continuous operation providing the Work for a minimum of five (5) years. 6 of 79 38 1.7.3. Safety Record. Bidder shall provide documentation evidencing the safety and compliance record of the Bidder in performing similar Work, including information as to any safety or any noncompliance violations, assessments or citations issued by applicable governmental agencies in the past five (5) years. 1.7.4. Bidder's Qualifications. Include name, function, and qualifications of key personnel, including key subcontractors, in the organization who will be providing Work. The key person or contact assigned to the Work shall within the past three (3) years have conducted and been responsible for providing Work in a similar project or environment. Please note, to receive further consideration, all Bidders must provide the necessary documentation to demonstrate that they meet the following minimum qualifications: 1.7.4.1. Service and Incorporation. Contractor shall have been in business and continuous operation and service and incorporated in the State of Florida for a minimum of five (5) years. 1.7.4.2. Licenses. Contractor must be fully licensed with any and all applicable and required licenses, certifications and permits for Work, including government licenses, certifications, and permits from the State of Florida, Miami-Dade County, the City, and any other governing governmental regulatory authorities. 1.7.5. Insurance Certificates. Bidder shall provide certificates of insurance demonstrating compliance with the requirements set forth under Section 2 of this solicitation, including: 1.7.5.1. Commercial General Liability 1.7.5.2. Workers Compensation & Employer’s Liability 1.7.5.3. Business Automobile Liability THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 1.7.6. Bidder may provide any additional information that highlights experience or expertise, which is relevant and directly applicable to this RFQ 1.8. EVALUATION CRITERIA/AWARD OF CONTRACT. Award shall be made to the lowest responsible and responsive Bidder whose qualifications indicate the Award will be in the best interest of the City and whose Bid complies with the requirements of this RFQ. In no case will the Award be made until all necessary investigations have been made into the responsibility of the Bidder and the City Manager is satisfied that the Bidder is qualified to do the Work and have the necessary organization, capital and equipment to carry out the Work in the specified timeframes. The responsible bidder shall be a person who has the capability in all respects to fully perform the contract requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities, equipment, financial resources and credit which will give a reasonable expectation of good faith performance, and a person who has submitted a bid which conforms in all material respects to the RFQ (the “Responsible Bidder”). In evaluating responsibility, the City may also consider previous contracts with the City, past performance and experience with other contracts, compatibility of the project team with City personnel, and any other criteria deemed relevant by the City. The City Manager or designee may reject those bids that do not meet the minimum requirements of the RFQ. If the City accepts a bid, the City will provide a written notice of award to the lowest responsible and responsive Bidder who meets the requirements of this RFQ. If the successful bidder to whom the contract 7 of 79 39 is awarded forfeits the award by failing to meet the conditions of this RFQ, the City may, at the City’s sole option, award the contract to the next lowest, most responsive, and responsible bidder or reject all bids or re-advertise the Work. Neither this RFQ, nor the notice of award of the Agreement(s) constitutes an agreement or contract with the Successful Bidder(s). An agreement or contract is not binding until a written agreement or contract, in substantially the form attached hereto as Attachment “A,” has been executed by the City and the Successful Bidder(s) and approved as to form, content, and legal sufficiency by the City Manager and City Attorney. 1.9. CITY’S RIGHTS; WAIVER OF IRREGULARITIES. The City reserves the right to reject any or all bids which is in any way incomplete or irregular, re-bid the entire solicitation, or enter into contracts with more than one Contractor. The City reserves the right to accept or reject any and/or all Bid or parts of Bid, to workshop or negotiate any and all Bid, to select and award Bidder(s) for all or any of the Work, waive irregularities in Bid, to cancel or discontinue this RFQ process, and to request new Bid on the required Work or services. The City Commission shall make the final determination and award of Bid(s). All materials submitted in response to this Invitation to Bid become the property of the City and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any Bid or responses to the RFQ, whether amended or not, and selection or rejection of Bid does not affect this right. 1.10. CODE OF ETHICS PROVISIONS. 1.10.1. Cone of Silence. The provisions of City’s Cone of Silence are applicable to this RFQ. The City’s Cone of Silence provisions can be found under Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence may be sent to: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov The Cone of Silence as used herein means a prohibition of any communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or invitation/request for bid, between a potential vendor, service provider, proposer or bidder (hereinafter referred to as the "potential bidder"), or agent, representative, lobbyist or consultant for the potential bidder; (hereinafter referred to as the "bidder's representative"); and (i) Members of the City Commission; or (ii) City's professional staff; or (iii) Any member of the City's selection, evaluation or negotiation committee. The provisions of the Cone of Silence shall not apply to: (i) Communications at a duly noticed pre-bid conferences or at any duly noticed public selection or negotiation committee meeting or duly noticed public City commission meeting at which the City Manager has placed the subject of the solicitation on the agenda; 8 of 79 40 (ii) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in F.S. § 286.0113; (iii) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the selection or negotiation committee meetings; (iv) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City clerk by the potential bidder or bidder's representative. The City clerk shall make copies available to any person upon request; (v) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's purchasing agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (vi) Communications with the City attorney and his or her staff; (vii) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (viii) Any emergency procurement of goods or services pursuant to City code; (ix) Responses to a request made by the City's purchasing agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (x) Communications prior to bid opening between City's professional staff and potential bidders and/or bidder's representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential bidders and/or bidder's representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. 1.10.2. Lobbying Prohibited. All potential Bidders and their agents who intend to submit, or who submitted, a bid or response to this solicitation, are prohibited from lobbying, individually or collectively, any City Commissioner, candidate for City Commissioner, or any employee of the City in connection with this solicitation. The term "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. 9 of 79 41 Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Procurement Division, which is for the purpose of obtaining additional or clarifying information or as otherwise provided for in the City’s Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5(c)(9), of the City Code of Ordinances and completing Attachment B to this RFQ. Any person who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. All Bidders are strongly encouraged to review Section 8A-5 of the City Code of Ordinances for further information. To register as a lobbyist, please contact the City Clerk at: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov END OF SECTION 1 10 of 79 42 SECTION 2. TERMS AND CONDITIONS 2.1. PURPOSE OF BID. The City requests Bids from qualified firms for the CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS AT 5829 SW 73RD STREET Project (the “Project”). The Work to be performed is further detailed in the Scope of Services provided in Section 3 herein (the “Work” or “Services”). The frequency, nature, scope and definition of the Work desired or required by the City may change from time to time, at the City’s discretion. The City intends to secure a source of supply(s) for the Work from a qualified contractor(s) that conform to the requirements of this RFQ and is most advantageous to the City and in its best interest. The City reserves the right to award the Bid(s) considered to best serve the City’s interests. 2.2. DELIVERY. All equipment, materials, and goods in connection with the Work shall be delivered F.O.B. destination (i.e., at a specific City address), and delivery costs and charges (if any) will be included in the Bid pricing. Exceptions should be noted. 2.3. EQUIPMENT. Any equipment or products used by Contractor to provide Work pursuant to this RFQ shall remain the property of the Contractor. In the event equipment or products used by the Contractor are found to be defective, of unsatisfactory quality, or do not conform to the requirements of this RFQ or the Specifications, the City reserves the right to reject the equipment or product(s), at the Contractor’s expense. 2.4. PRICING. The Bid form attached to this RFQ under Section 4 and to be included with each Bid shall specify the Bidder’s pricing and/or fees for the equipment and Work requested herein. Bidder should include any and all applicable taxes in Bid prices. If the Bidder is awarded an Agreement pursuant to this RFQ, the prices and fees quoted in the Bid shall remain fixed and firm during the term of the Agreement. 2.5. BID COSTS. Bidders submitting Bid do so entirely at their own cost and expense. There is no expressed or implied obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing or submitting Bid, providing additional information when requested by the City, or for participating in any selection interviews. 2.6. LICENSES AND PERMITS. Bidder shall secure any and all necessary and required licenses, certifications and permits to conduct the Work, including, but not limited to, all Federal, State, County and City licenses and permits. All Bidders must provide the necessary documentation to demonstrate that they meet all applicable licensing and permitting requirements. By submitting a Bid in response to this RFQ, Bidder represents and warrants to the City that it holds all licenses, certifications and permits (“Licenses”) required by applicable law and by any other governmental authority or agency to perform the Work. Bidder represents and warrants to the City that the Licenses 11 of 79 43 shall be in full force and effect on the date of performance of the Work and further represents that it holds and will hold all Licenses throughout the term of the Agreement. Bidder shall provide the City with copies of all Licenses and any additional permits that may be required for performance of the Work with its Bid and during the term of the Agreement. Where the Contractor is required to enter onto City property, public rights-of-way or other property to deliver equipment or to perform the Work as a result of a Bid award, the Contractor will assume the full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and insurance required. The Contractor shall be liable for any damages or loss to the City property, or other property or persons, occasioned by the acts or omissions, or the negligence of the Bidder (or their agent) or any person the Bidder has designated in the performance of the Work, as a result of the Bid. 2.7. INSURANCE. 2.7.1. If selected, the Contractor shall secure and maintain throughout the duration of the awarded contract insurance of such types and in such amounts not less than those specified below as satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. Copies of Contractor’s actual Insurance Policies as required herein and Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured. Each Policy and certificate shall include no less than (30) thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. All coverage forms must be primary and non-contributory and the Contractor shall provide a waiver of subrogation for the benefit of the City. The Contractor shall be responsible for assuring that the insurance policies and certificates required by this Section remain in full force and effect for the duration of the Work. 2.7.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 2.7.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Work pursuant to this RFQ who is not covered by Worker’s Compensation insurance. 2.7.1.3. Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 2.7.2. The Contractor agrees to indemnify, defend and hold harmless the City from and against any and all claims, suits, judgments, losses, damages, executions and/or liabilities as to bodily injuries and/or property damage which arise or grow out of the Agreement or Contractor’s performance of the Work required by this RFQ. 12 of 79 44 2.7.3. The Contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of Contractor's timely payment of each insurance policy premium as required by the Agreement. 2.7.4. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 2.8. BONDS. The selected Contractor must, prior to performing any portion of the Work and within three (3) days of the Effective Date of the Construction Contract, deliver to the City the Bonds required to be provided by Bidder hereunder and the Construction Contract(collectively, the “Bonds”). The City, in its sole and exclusive discretion, may also require other bonds or security, in order to guaranty that the awarded contract with the City will be fully and appropriately performed and completed. The surety providing such Bonds must be licensed, authorized, and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds shall be included in the contract price. If notice of any change affecting the scope of services/work, the contract price, contract time, or any of the provisions of the Construction Contract is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be t he selected Contractor’s sole responsibility, and the amount of each applicable bond shall be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations, the selected Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to the City. 2.8.1. Performance Bond. If this provision is selected, the selected Contractor must deliver to the City a performance bond in an amount equal to 100 percent of the price specified in the contract. The performance bond shall provide that the bonding company will complete the project if the selected Contractor defaults on the contract with the City by failing to perform the contract in the time and manner provided for in the contract. 2.8.2. Payment Bond. If this provision is selected, the selected Contractor must deliver to the City a payment bond in an amount equal to 100 percent of the price specified in the contract. The payment bond shall provide that the bonding company or surety will promptly pay all persons who supply labor, materials, or supplies used directly or indirectly in the performance of the work provided for in the contract between the selected Contractor and the City if the selected Contractor fails to make any required payments only. 2.8.3. Waiver of Bonds. If this provision is selected, the City Manager has waived or limited the requirements contained herein for payment or performance bonds upon such circumstances as are deemed in the best interest of the City. If the requirement for a payment bond is waived, the City shall select this box: ☒. If the requirement for a performance bond is waived, the City shall select this box: ☒. 2.9. BID GUARANTY/BID BOND. Each bid must be accompanied by a Bid Bond or Cashier’s Check, in the amount of five percent (5%) of the bid, in the form provided in Form 9. Bid Guaranty shall be made by certified or cashier's check or by a bid bond made payable to the City and provided by a surety company authorized to do business as a surety in the state. All Bid Bonds shall be valid for a period of at least 90 days from the bid submission date. The Bid Bonds for all unsuccessful bids shall be returned after the 90-day period. The purpose of the bid bond is to ensure that bids are honored and that they remain valid for the required period. Accordingly, bid bonds are subject to forfeiture any time Bidders refuse to honor their bids for at least 90 days after bid opening. The Bid Guaranty of the successful bidder will be retained until such bidder has executed a contract and furnished any payment and performance bonds, along with all insurance policies, licenses, or other documentation that may be required by the City. If the successful bidder fails to furnish the required payment and performance bonds, fails to execute and deliver the contract, or fails to deliver the required insurance policies, licenses, or other documentation to the office of the purchasing agent within the time specified in the instructions to bidders, the City may annul the notice of award and the entire sum of the Bid 13 of 79 45 Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be returned after the Contract is awarded and executed. Bid Bonds shall be submitted to the City Clerk’s Office no later than the Submittal Due Date: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov If the requirement for a Bid Guaranty/Bid Bond is waived, the City shall select this box: ☒. 2.10. COMPLIANCE WITH LAW AND OTHER REQUIREMENTS. Contractor shall conduct its operations in compliance with all applicable federal, State, County and City laws and regulations in providing the Work required by this RFQ. 2.11. ASSIGNMENT. The Contractor shall not transfer or assign the performance of the Work required by this RFQ and the Agreement without the City’s prior written consent. Any award issued pursuant to this RFQ and monies which may be payable by the City, are not assignable except with the City’s prior written approval. 2.12. ATTORNEY’S FEES. If the City incurs any expense in enforcing the terms of the Agreement, whether suit be brought or not, Contractor agrees to pay all such costs and expenses including, but not limited to, court costs, interest and reasonable attorney’s fees. 2.13. CONTRACTOR’S RELATION TO THE CITY. It is expressly agreed and understood that the Contractor is in all respects an independent contractor as to all Work hereunder, and that the Contractor is in no respect an agent, servant or employee of the City. This RFQ specifies the Work to be performed by the Contractor, but the method to be employed to accomplish the Work shall be the responsibility of the Contractor, unless otherwise provided in the Agreement or by the City. 2.14. DISCRIMINATORY PRACTICES. The Contractor shall not discriminate or deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, sexual orientation, religion or national origin. The Contractor will strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida or the Federal Government. 2.15. CANCELLATION. Failure on the part of the Contractor to comply with the conditions, specifications, requirements and terms as determined by the City, shall be just cause for cancellation of the award, with the Contractor holding the City harmless. 2.16. INDEMNIFICATION. 14 of 79 46 The Contractor shall indemnify, save harmless and defend the City, its officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of any act, error, omission, negligent act, conduct or misconduct of the Contractor, its agents, servants or employees, in the performance of the Work pursuant to this RFQ and/or from any procurement decision of the City including without limitation, awarding the Agreement to a Contractor. 2.17. MULTIPLE /OTHER VENDORS. The City reserves the right to select and award multiple Bidders to provide some or all of the Work. If the selected contractors are unavailable, the City reserves the right to seek and obtain other sources. 2.18. PUBLIC ENTITY CRIME/DISQUALIFICATION. Pursuant to Section 287.133(3)(a), Florida Statute, all Bidders are advised as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.” 2.19. NO CONTINGENCY FEE. Bidder shall warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure the Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Bidder, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making the Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement, without liability, at its discretion. 2.20. PUBLIC RECORDS; CONFIDENTIALITY. Bidders are hereby notified that all information submitted as part of or in support of Bid submitted pursuant to this RFQ are public records subject to public disclosure in accordance with Chapter 119, Florida Statutes. If there is any apparent conflict between Florida’s Public Records Law and this RFQ, Florida Law will govern and prevail. All Bids submitted in response to this RFQ shall become the property of the City. Unless the information submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to utilize any or all information, ideas, conceptions, or portions of any Bid in its best interest. Acceptance or rejection of any Bid shall not nullify the City’s rights hereunder. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM Mailing address: 6130 Sunset Drive South Miami, FL 33143 15 of 79 47 Telephone number: 305-663-6340 Email: NPayne@southmiamifl.gov 2.21. AMERICAN RESCUE PLAN ACT PROVISIONS. Bidder acknowledges that the Work or Services may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). The selected Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Addendum to this solicitation. If compliance with this section is required, the City shall select this box: . 2.22. GRANT FUNDING. By submitting a response to this solicitation, Bidders acknowledge that the Work or Services may be fully or partially funded utilizing funds from the grants listed below (the “Grant”). Accordingly, by submitting a response to this competitive solicitation, the Bidder warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work or Services in accordance with the terms and conditions of the Grant(s). Grant Title Grant Agreement Attachment No. If the Work or the Services will be funded utilizing Grant funds, the City shall select this box:. END OF SECTION 2 16 of 79 48 SECTION 3. SCOPE OF WORK, SPECIFICATIONS, AND REQUIREMENTS 3.1. GENERAL REQUIREMENTS. The Work specified in this Invitation to Bid (RFQ) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFQ (the “Work”). The Work is to be performed in accordance with specifications and the contract documents that are provided to the Contractor by the City herein, as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. The Work also includes but is not limited to keeping the Project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s) for cleanup and disposal; disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City’s satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, as well as all laboratory tests, engineering and architectural specifications, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City. Permit fees charged by other government entities, if required, are the responsibility of the Bidder/Contractor; however, in all cases; it is the responsibility of Bidder/Contracto r to secure any and all permits that may be required for this project. All work is to be completed in accordance with specifications, engineering construction drawings, and in accordance with the terms and conditions described in Attachments A, B and C all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City Land Development Code, all applicable ordinances of Miami-Dade County and the City, and the Americans with Disabilities Act (ADA). If the Project involves a City park, the Contractor must comply with the City’s public playground safety standards, rules, and guidelines. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances. 17 of 79 49 3.2. SPECIFIC REQUIREMENTS. The City is soliciting proposals from highly qualified firms for Emergency Garage repairs consisting of Double-Tee flange connection and joint repairs. All work must be completed within forty- five (45) calendar days from the issuance of a purchase order and building construction permit as per the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Attachments A, B, and C. The scope of work is to remove existing joints at the double-tee connections and repair the broken and/or missing connection and replace damage and / or missing joint. Respondents shall review enclosed specifications, engineering construction plan documents, tree survey details. Respondents are required to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). 3.3. SITE LOCATION. The Project will be held at the City of South Miami Municipal Parking Garage at 5829 SW SW73 Street South Miami, FL, 33143. 3.4. DESIGN PLANS & SPECIFICATIONS. Design plans and specifications for the Project are attached to this solicitation as Attachment C, “Design Plan and Specifications, Municipal Garage Double Tee Flange Connection Repairs prepared by Kimley Horn dated September 27, 2023. 3.5. PROJECT DURATION. After permit(s) have been secured/approved, the Bidder is responsible for completing this project within forty-five (45) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager. 3.6. WARRANTY. Bidder must include a warranty and/or guarantees of all material and labor that includes: 3.6.1. any conditions; and 3.6.2. guaranteed response time for repair; and 3.6.3. guaranteed replacement during the warranty period; and 3.6.4. life expectancy under normal use; and 3.6.5. Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and 3.6.6. the term of the warranty. At a minimum, Bidder/Contractor must warrant their Work to be free of significant de fects in workmanship and materials for a period of one (1) year and if General Conditions are made part of the contract documents for this project, at a minimum, Bidder/Contractor must warrant their Work in accordance with the warranty requirements found in the General Conditions to the Contract. 18 of 79 50 If equipment is being provided, the standard manufacturer’s warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer’s warranty is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City. 3.7. DOCUMENTATION. A prerequisite to final payment is the execution and delivery to the City of all documents required by any governmental agency, including the City. Such documentation includes documentation for the conveyance of any property or facilities that are the subject of this Project. SPECIAL NOTE A BID GUARANTEE BOND AND A PERFORMANCE AND PAYMENT BOND ARE NOT REQUIRED FOR THIS PROJECT. END OF SECTION 3 19 of 79 51 SECTION 4. BID FORM PACKAGE As provided in the RFQ, the following items must be attached to this Bid: FORMS STATUS Form 1 – Bid Form Package Acknowledgement √ Form 2A. Bidder’s Certification (if Company or Corporation) √ Form 2B. Bidder’s Certification (if Partnership) √ Form 3. Single Execution Affidavits √ Form 4. Dispute Disclosure √ Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions √ Form 6. Bidder’s Qualifications Survey √ Form 7. Bid Form/Schedule of Values √ Form 8. Reference List √ ATTACHMENTS This competitive solicitation incorporates the following attachments, which should be reviewed thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation. The City is attaching the following Attachments: Attachment A. Sample Contract Attachment B: Declaration /Affidavit of Representation Attachment C: Design Plan and Specifications, Municipal Garage Double Tee Flange Connection Repairs prepared by Kimley Horn dated September 27, 2023. 20 of 79 52 FORM 1 BID FORM PACKAGE ACKNOWLEDGEMENTS I hereby propose to furnish the goods and services specified in the Invitation to Bid, RFQ No. FN2023-015. I agree that my Bid will remain firm for a period of 180 days after opened by the City in order to allow the City adequate time to evaluate the Bid. I certify that all information contained in this Bid is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this Bid on behalf of the Firm named as the Proposing Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement. I further certify, under oath, that this Bid is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a Bid; no officer, employee or agent of the City of South Miami or any other Bidder has an interest in said Bid. Furthermore, I certify that the undersigned executed this Bid Form with full knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Bidder acknowledges receipt of all Addenda issued by the City in connection with the RFQ (Check the box next to each addendum received). ______ Addendum 1 Addendum 6 ______ Addendum 2 Addendum 7 ______ Addendum 3 Addendum 8 ______ Addendum 4 Addendum 9 _______ Addendum 5 Addendum 10 Attached hereto are the following forms/documents which form a part of this Bid: Form 1. Bid Form Package Acknowledgement. Form 2A. Bidder’s Certification (if Company or Corporation) Form 2B. Bidder’s Certification (if Partnership) Form 3. Single Execution Affidavits Form 4. Dispute Disclosure Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Form 6. Bidder’s Qualifications Survey Form 7 . Bid Form Form 8. Reference List 21 of 79 53 FORM 1 BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) ___________________________________________ NAME OF BIDDER FIRM ____________________________________________ SIGNATURE OF BIDDER ____________________________________________ NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS ____________________________________________ ____________________________________________ (____) ______________________________________ TELEPHONE NUMBER State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 22 of 79 54 FORM 2A BIDDER’S CERTIFICATION (if Company or Corporation) CERTIFICATE STATE OF _____________ ) ) SS COUNTY OF ___________ ) I HEREBY CERTIFY that a meeting of the Board of Directors of ___________________________________________________________________ a corporation or company existing under the laws of the State of _________________________, held on ______________________, 2023, the following resolution was duly passed and adopted: RESOLVED, that, as _____________of the Corporation/Company, be and is hereby authorized to execute the Bid dated, __________, 2023 to the City of South Miami for RFQ No. FN2023- 15 City of South Miami Municipal Parking Garage Project, and that this execution thereof, attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation/company on this the _____________ of ___________, 2023. _______________________ Secretary (SEAL) 23 of 79 55 FORM 2B BIDDER’S CERTIFICATION (if Partnership) CERTIFICATE STATE OF ____________ ) ) SS COUNTY OF __________ ) I HEREBY CERTIFY that a meeting of the Partners of ____________________ _____________________________________________________________________, a partnership existing under the laws of the State of _________________________, held on ____________________, 2023, the following resolution was duly passed and adopted: “RESOLVED, that _____________________________________________, as_____________________________________________________________of the Partnership, be and is hereby authorized to execute the Bid dated ______________, 2023, to the City of South Miami for RFQ No. FN2023-15 CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS from this partnership and that his execution of thereof, attested by the shall be the official act and deed of this Partnership.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _____, day of ________, 2023. _______________________ Secretary (SEAL) 24 of 79 56 FORM 3 SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE: By: For (Name of Proposing or Bidding Entity): Whose business address is: And (if applicable) its Federal Employer Identification Number (FEIN) is: (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#: ) Americans with Disabilities Act Compliance Affidavit The above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. • The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513, Florida Statutes: • The Rehabilitation Act of 1973, 229 USC Section 794; • The Federal Transit Act, as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631. Bidder Initials 25 of 79 57 Public Entity Crimes Affidavit I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business wit h a public entity. The term “person” includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that 26 of 79 58 it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I understand that the submission of this form to the contracting officer for the public entity identified in paragraph 1 above is for that public entity only and that this form is valid through December 31 of the calendar year in which it is filed. I also understand that I am required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes for category two of any change in the information contained in this form. Bidder Initials No Conflict of Interest or Contingent Fee Affidavit Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Bidder also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be selected for the performance of this contract. Bidder Initials Business Entity Affidavit Bidder hereby recognizes and certifies that no elected official, board member, or employee of the City of South Miami (the " City”) shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City board members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Bidder. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder recognizes that with respect to this transaction or bid, if any Bidder violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for goods or services to City. Bidder Initials Anti-Collusion Affidavit 1. Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances respecting the Bid/Bid; 27 of 79 59 2. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid; and 3. Neither the Bidder/Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder/Bidder, firm, or person to submit a collusive or sham Bid/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder/Bidder, firm, or person to fix the price or prices in the attached Bid/Bid or of any other Bidder/Bidder, or to fix any overhead, profit, or cost element of the Bid/Bid price or the Bid/Bid price of any other Bidder/Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract. __________ Bidder Initials Scrutinized Company Certification 1. Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this rfq at its sole option if the Bidder or its subcontractors are found to have submitted a false certification; or if the Bidder, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this RFQ is for more than one million dollars, the Bidder certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this RFQ at its sole option if the Bidder, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Bidder, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 3. The Bidder agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this RFQ. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. Bidder Initials Drug-Free Workplace Affidavit Bidder hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with drug-free workplace programs when two bids/Bid are equal with respect to price, quality, and service. Bidder understands that in order to qualify as a drug-free workplace, Bidder must: a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 28 of 79 60 b) Inform employees about the dangers of drug abuse in the workplace, the Bidder’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 1) Give each employee engaged in providing commodities or contractual services under the RFQ a copy of the statement specified in subsection (1). 2) Notify employees that, as a condition of working on the commodities or contractual services under the RFQ, the employee must abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 4) Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the requirements set forth under F.S. § 287.087. The entity submitting this sworn statement is not a drug-free workplace. Bidder Initials City Non-Discrimination Requirements Affidavit Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will not enter into or award a contract to an entity engaged in a boycott. Bidder understands that “Boycott” as defined under Section 3-1.1 of the Code of the City of South Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race, color, national origin, religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a discriminatory manner. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or required by federal law or state law. Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1.1 of the Code of the City of South Miami. Bidder Initials Acknowledgment, Warranty, and Acceptance 29 of 79 61 1. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations. 2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of RFQ No. FN2023-15 and any addendum/addenda related thereto. 3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City Commission or City Manager, as applicable. 4. Contractor warrants that all information provided by it in connection with this Bid is true and accurate. Bidder Initials [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 30 of 79 62 In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 31 of 79 63 FORM 4 DISPUTE DISCLOSURE Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES __________ NO __________ 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES __________ NO __________ 3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid or Bid for the City of South Miami. ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 32 of 79 64 FORM 5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small Business Administration. (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this Statement of Qualifications. Entity Name: _________________________________________________________ Date: _________________________ By: Signature of Authorized Representative Name and Title of Authorized Representative 33 of 79 65 FORM 6 BIDDER’S QUALIFICATIONS SURVEY COMPANY QUALIFICATIONS QUESTIONNAIRE Please complete this Company Qualifications Questionnaire. By completing this form and submitting a response to the RFQ, you certify that any and all information contained in the bid is true, that your response to the RFQ is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a response to the RFQ for the same materials, supplies, equipment, or services, is in all respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the RFQ, and certify that you are authorized to sign for the Bidder’s firm. Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested information. In no event should the total page count of all attachments to this Form exceed five (5) pages. Some information may not be applicable; in such instances, please insert “N/A”. Firm Name Principal Business Address Telephone Number Facsimile Number Email Address Federal I.D. No. or Social Security Number Municipal Business Tax/Occupational License No. FIRM HISTORY AND INFORMATION How many years has the firm has been in business under its current name and ownership? Please identify the Firm’s document number with the Florida Division of Corporations and date the Firm registered/filed to conduct business in the State of Florida: Document Number Date Filed Please identify the Firm’s category with the Florida Department of Business Professional Regulation (DBPR), DBPR license number, and date licensed by DBPR: Category License No. Date Licensed Please indicate the type of entity form of the Firm (if other, please describe): □ Individual □ Partnership □ Corporation □ LLC □ LLP □ Other Please identify the Firm’s primary business: 34 of 79 66 Please identify the number of continuous years your Firm has performed its primary business: Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the name of the entity that issued the license or certification: License/Certification Type Name of Entity Issuing License or Certification License No. License Issuance Date Please identify the name, license number, and issuance date of any prior companies that pertain to your Firm: License/Certification Type Name of Entity Issuing License or Certification License No. License Issuance Date Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their signing authority: Authorized Signor’s Name Title Signing Authority Threshold (All, Cost up to $X-Amount, No Cost, Other) Please identify the total number of Firm employees, managerial/administrative employees, and identify the total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.): Total No. of Employees Total No. of Managerial/Administrative Employees Total No. of Trades Employees by Trade INSURANCE INFORMATION Please provide the following information about the Firm’s insurance company: Insurance Carrier Name Insurance Carrier Contact Person Insurance Carrier Address Telephone No. Email Has the Firm filed any insurance claims in the last five (5) years? □ No □ Yes If yes, please identify the type of claim and the amount paid out under the claim: FIRM OWNERSHIP Please identify all Firm owners or partners, their title, and percent of ownership: Owner/Partner Name Title Ownership (%) 35 of 79 67 Please identify whether any of the owners/partners identified above are owners/partners in another entity: □ No □ Yes If yes, please identify the name of the owner/partner, the other entity’s name, and percent of ownership held by the stated owner/partner: Owner/Partner Name Other Entity Name Ownership (%) RECENT CONTRACTS Please identify the five (5) most recent contracts in which your Firm has provided services to other public entities: Public Entity Contact Person Telephone No. Email Address Date Awarded By signing below, Bidder certifies that the information contained herein is complete and accurate to the best of Bidder’s knowledge. Firm: Authorized Signature: Date: Print or Type Name: Title: 36 of 79 68 FORM 7 BID FORM/SCHEDULE OF VALUES RFQ No. FN2023-15 Bid prices stated in this Form shall include all costs and expenses for labor, equipment, materials, contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project will be based upon completion of the entire project as a Lump Sum contract. ITEM PAY ITEM DESCRIPTION UNITS QTY UNIT PRICE AMOUNT STRUCTURAL AND WATERPROOFING REPAIRS 1 DTC DT Flange Repairs (install rebar, clean/coat connections) EACH 66 $ $ 2 FS Concrete Spall Repairs SF 7 $ $ 3 DTJS DT Joint Sealant FT 376 $ $ SUBTOTAL STRUCTURAL AND WATERPROOFING REPAIR ITEMS ITEM PAY ITEM DESCRIPTION UNITS QTY UNIT PRICE AMOUNT MISCELLANEOUS ITEMS 4 101-1 MOBILIZATION (10%) L.S. 1 $ - $ 5 102-1 MAINTENANCE OF TRAFFIC L.S. 1 $ 6 TRAFFIC CONTROL OFFICER HR $ 52.00 $ 7 CONTINGENCY (10%) L.S. 1 $ SUBTOTAL MISCELLANEOUS ITEMS $ TOTAL $ 37 of 79 69 SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title 38 of 79 70 FORM 8 REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS. REFERENCE #1 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 39 of 79 71 REFERENCE #2 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 40 of 79 72 REFERENCE #3 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No END OF SECTION 4 41 of 79 73 ATTACHMENT A SAMPLE OF CONTRACT CONTRACT FOR CONSTRUCTION CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made this day of 2023 (the “Effective Date”) by and between the CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal corporation, (the “City”), and ___________________(the “Contractor”). WHEREAS, the City issued A Request for Quote No. FN2023-15 (the “RFQ”) for construction of the City of South Miami Municipal Parking Garage at 5829 SW 73rd Street, South Miami, FL 33143 (the “Project”), which RFQ is incorporated herein by reference and made a part hereof as Exhibit “A”; and WHEREAS, in response to the City’s RFQ, the Contractor submitted a bid for the Project (“Bid”), which Bid is incorporated herein by reference and made a part hereof as Exhibit “B”; and WHEREAS, Contractor submitted the lowest, responsive and responsible bid, and was able to mobilize in an expedited manner to complete the emergency repairs, in the amount of [$_____] in response to the RFQ and was selected and awarded this Contract pursuant to retroactive Resolution No. TBD for performance of the Work (as hereinafter defined); and WHEREAS, Contractor has represented to the City that it possesses the necessary qualifications, experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the terms and conditions set forth in this Contract. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Contractor and the City agree as follows: 1. SCOPE OF WORK 1.1. Scope of Work. Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the work described in the Contract Documents (the “Work” or the “Project”) including, without limitation as described in the approved plans, drawings and/or specifications prepared by Kimley Horn (the “Project Consultant”) attached hereto as Exhibit “A” (the “Plans”) and any other documents incorporated herein by reference and made a part of this Contract for the following Project: CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS 1.2. Pre-Construction Conference. Within fourteen (14) calendar days after this Contract is executed by both parties, and before any Work has commenced, a pre-construction conference will be held between the City, the Contractor, and the Project Consultant. The 42 of 79 74 Contractor must submit its project schedule and schedule of values, if applicable, prior to this conference. 1.3. Project Schedule. Contractor must submit a proposed Project Schedule as follows: 1.3.1. Schedule must identify the schedule for each location comprising the Project. The proposed Project schedule must be submitted within ten (10) calendar days from the date this Contract is executed by both parties for the review and approval of the Project Consultant or City as applicable. This initial schedule shall establish the baseline schedule for the Project. 1.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a minimum submitted with each pay application. An updated schedule tracked against the baseline must also be submitted upon execution of each Change Order that impacts the Contract Time. Failure to submit such schedules will result in the rejection of any submitted payment application. 1.3.3. All Project Schedules must be prepared in Microsoft Project or approved equal by the City. At the time of submission of schedules, Contractor must submit a hard copy as well as an electronic version. Electronic versions must not be submitted in a .pdf format. 1.4. Records. 1.4.1. As-Built Drawings. During the Work, Contractor must maintain records of all deviations from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing that the As-Built Record Drawings are correct and accurate, including the actual location of all infrastructure, internal piping, and electrical/signal conduits in or below the concrete floor (indicating the size, depth, and voltage in each conduit). To record actual construction, Contractor must legibly mark on- site structures and site Work as follows: 1.4.1.1. Depths of various elements of foundation in relation to finish first floor datum. 1.4.1.2. All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. Actual installed pipe material, class, etc. 1.4.1.3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. 1.4.1.4. Field changes in dimensions and details. 1.4.1.5. Changes made by Project Consultant’s written instructions or by Change Order. 1.4.1.6. Details not on original Contract Drawings. 43 of 79 75 1.4.1.7. Equipment, conduit, electrical panel locations. 1.4.1.8. Project Consultant’s schedule changes according to Contractor’s records and shop drawings. 1.4.1.9. Specifications and Addenda: Legibly mark each section to record: 1.4.1.9.1. Manufacturer, trade name, catalog number and Supplier of each product and item of equipment actually installed. 1.4.1.9.2. Changes made by Project Consultant’s written instructions or by Change Order. 1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical system and instrumentation system. 1.4.1.10.1. As-built documents must be updated monthly as a condition precedent to payment. A final survey signed and sealed by a surveyor must be provided to the City at no additional cost, including digital l (CAD and PDF) versions. 1.4.1.10.2. For construction of new building, or building additions, field improvements, and or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed Registered Land Surveyor. 1.4.2. Record Set. Contractor must maintain in a safe place one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments, COs, RFIs, and field directives, as well as all written interpretations and clarifications issued by the Project Consultant, in good order and annotated to show all changes made during construction. The record documents must be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from COs and/or field directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor must certify the accuracy of the updated record documents. The record documents must be clean, and all changes, corrections and dimensions must be given in a neat and legible manner in red. Upon Final Completion and as a condition precedent to Contractor’s entitlement to final payment, the Record Set must be delivered to the Project Consultant by the Contractor. The Record Set of Drawing must be submitted in both hard copy and as electronic plot files. 1.4.3. Construction Photographs. Prior to commencement of the Work the Contractor must take digital photographs and color audio-video recording to document existing conditions and submit copies in an acceptable format to the City. Contractor must submit with each application for payment photographs that accurately reflect the progress of all aspects of the Work. The number of photographs to be taken will be based on the magnitude of the Work being performed. Contractor must submit one copy of each photograph in print and digitally. The photographs must be printed on 8” X 10” high resolution glossy commercial grade and weight color photographic print paper or in a format acceptable to the City. Each photograph must be imprinted on its face with the title of the Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg format and will be submitted through a file-sharing site (such as Dropbox) or on a CD- 44 of 79 76 ROM or flash drive clearly identifying the name of the Project, the name of the Contractor, and the timeframe in which the pictures were taken. Initial set up prints will be submitted in a three-ring binder with each picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in clear plastic sleeves that can be added to the binder. The three-ring binder must be of such size to be able to hold all print pictures. 1.5. Staging Site. 1.5.1. The Contractor is solely responsible for making all arrangements for any staging site(s) that may be necessary for the performance of the Work and the Contractor is responsible for all site security, including any fencing of the site, and any loss, damage or theft to its equipment and materials. Any fencing of the Staging Site is subject to the prior written approval of the City. 1.5.2. The City at its sole discretion may make a staging site available for use by the Contractor. If such site is made available by the City, the City assumes no responsibility or liability for the equipment or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or theft to its equipment and materials. The Contractor must restore the site to its pre-existing condition prior to the Contractor’s use of the site. 1.5.3. The Contractor may be required to provide or may choose to use an office trailer for the duration of the Project. The Contractor must have the prior written approval of the City as to the use of any office trailer and the placement location for the office trailer. The Contractor must obtain all required permits from the appropriate regulatory agencies. 1.5.4. No parking is permitted at a City provided staging site without the prior written approval of the City. 1.6. Purchase and Delivery, Storage and Installation. All materials must be F.O.B. delivered and included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading and installation of all equipment and material(s). Contractor must make all arrangement for delivery. Contractor is liable for replacing any damaged equipment or material(s) and filing any and all claims with suppliers. All transportation must comply with all federal, state (including FDOT), Miami-Dade County, and local laws, rules and regulations. No materials will be stored on-site without the prior written approval of the City. 1.7. Approval of Subcontractors. For any scope of work that the Contractor will utilize a subcontractor, the Contractor may only retain or utilize the services of the particular subcontractor with the prior written approval of the City Manager, which approval may be granted or withheld in the City Manager’s sole and absolute discretion. The Contractor shall provide at least fourteen (14) days notice to the City Manager and the Project Consultant of its intent to retain or utilize a subcontractor. 1.8. Project Signage. Contractor must furnish and install two (2) Project signs at the Project Site in accordance with the requirements provided by the Project Consultant or the City as applicable. 2. CONTRACT TIME 2.1. Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed providing a commencement date and issued by the City Manager or 45 of 79 77 designee. The Notice to Proceed will not be issued until Contractor's submission to City of all required documents and after execution of this Contract. 2.2. Time is of the essence throughout this Contract. The Contractor shall prosecute the Work with faithfulness and diligence and the Work shall be substantially completed within forty- five (45) calendar days from the date specified in the Notice to Proceed (“Contract Time”). Substantial Completion shall be defined for this purpose as the date on which City receives beneficial use of the Project. The Work shall be fully completed in accordance with the Contract Documents within forty-five (45) calendar days from the date specified in the Notice to Proceed (“Final Completion Time”). The Final Completion date is defined as the date determined by the City when all Work, including punch list items, has been completed in accordance with the Contract Documents and Contractor has delivered to City all documentation required herein. 2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within the Contract Time, Contractor shall pay to City the sum of $980.00 FOR SUBSTANTIAL COMPLETION LIQUIDATED DAMAGES for each calendar day after the expiration of the Contract Time that the Contractor fails to achieve Substantial Completion up until the date that the Contractor achieves Substantial Completion. Upon failure of Contractor to fully complete the Work and achieve Final Completion within the Final Completion Time, Contractor shall pay to City the sum of $980.00 FOR FINAL COMPLETION LIQUIDATED DAMAGES for each calendar day after expiration of the Final Completion Time that the Contractor fails to achieve Final Completion up until the date that the Contractor achieves Final Completion. These amounts are not penalties but are liquidated damages payable by Contractor to City for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining the amount of damages that will be sustained by City as a consequence of Contractor’s delay and failure of Contractor to complete the Work on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 2.4. City is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. In case the liquidated damage amount due to City by Contractor exceeds monies due Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City the amount of said excess. 3. CONTRACT PRICE AND PAYMENT PROCEDURES 3.1. Guaranteed Maximum Price. The City shall pay the Contractor an amount not to exceed $ for the performance of the Work in accordance with the line items and unit prices included in Exhibit “B” (the “Contract Price”). The Contract Price shall be full compensation for all services, labor, materials, equipment, and costs, including overhead and profit, associated with completion of all the Work in full conformity with the Contract Documents and adjusted only by written change orders signed by both parties and approved as required by local law. The Contract Price shall include all applicable sales taxes as required by law. 46 of 79 78 3.2. Schedule of Values. The Contractor must submit two copies of schedule of values within ten (10) calendar days from the date this Contract is executed by both parties. The schedule of values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. Contractor’s overhead and profit must be listed as separate line items. Each line item must be identified with the number and title of the major specification section or major components of the items. The Project Consultant or City as applicable may require further breakdown after review of the Contractor’s submittal. The City reserves the right to require such information from the Contractor as may be necessary to determine the accuracy of the schedule of values. The combined total value for mobilization under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Schedule of Values must be incorporated into the Contractor’s payment application form. The Contractor guarantees that each individual line item contained in the schedule of values submitted as part of a competitive solicitation shall not be increased without written approval by the City Manager. 3.3. Payment Application Procedures. City shall make progress payments, deducting the amount from the Contract Price above on the basis of Contractor’s Applications for Payment on or before twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the City shall be within twenty (20) days after receipt of the Pay Application. Any rejection shall specify the applicable deficiency and necessary corrective action. Any u ndisputed portion shall be paid as specified above. All such payments will be made in accordance with the Schedule of Values established in the Contract Documents or, in the event there is no Schedule of Values, as otherwise provided in the Contract Documents. In the event the Contract Documents do not provide a Schedule of Values or other payment schedule, Applications for Payment shall be submitted monthly by Contractor on or before the 10th of each month for the prior month to the Project Consultant. Progress payments shall be made in an amount equal to the percentage of Work completed as determined by the City or City’s Project Consultant, but, in each case, less the aggregate of payments previously made and less such amounts as City shall determine or City may withhold taking into account the aggregate of payments made and the percentage of Project completion in accordance with the Contract Documents and Schedule of Values, if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or Pay Application (the “Retainage”) shall be retained by City until final completion and acceptance of the Work by City. In the event there is a dispute between Contractor and City concerning a Pay Application, dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the disputed Payment Application. The City shall reach a conclusion within 15 days thereafter and promptly notify Contractor of the outcome, including payment, if applicable. 3.4. Progress Payment Applications. Each progress payment application submitted to the City must include: 3.4.1. A sworn and certified progress payment affidavit indicating that all laborers, material suppliers, and subcontractors dealing with the Contractor were paid in full as it relates to all Work performed up to the time of the request for payment; 3.4.2. Partial conditional releases or waivers of lien by the Contractor, material suppliers, subcontractors, and any lienors serving a Notice to the City and evidence of proof of 47 of 79 79 payment of any indebtedness incurred with respect to the Work of the Contractor as may be required by the City; 3.4.3. Evidence that all Work was fully performed as required by the Contract Documents up to the time of the request for payment and that the Work was inspected and accepted by the City and any other governmental authorities required to inspect the Work; and 3.4.4. An updated Project schedule, including a two-week look-ahead schedule, as approved in writing by the City Manager. 3.4.5. All Buy-Out Savings, including supporting documentation relating to the calculation of the Buy-Out Savings. 3.5. Final Payment. Upon Final Completion of the Work by Contractor in accordance with the Contract Documents and acceptance by the City, and upon receipt of consent by any surety, City shall pay the remainder of the Contract Price (including Retainage) as recommended by the City’s Project Consultant and Building Official. Final payment is contingent upon receipt by City from Contractor of: 3.5.1. An affidavit that payrolls, bills for materials, equipment, and other indebtedness were paid in full as it relates to all Work performed under this Contract; 3.5.2. A certificate evidencing that insurance required by the Contract Documents shall remain in effect after final payment is made; 3.5.3. A written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents; 3.5.4. Documentation of any special warranties, including, but not limited to, any manufactures’ warranties or specific subcontractor warranties; 3.5.5. Evidence that all Punch List items have been fully completed to the satisfaction of the City; 3.5.6. All previously undelivered manufacturer and subcontractor guarantees, warranties, and manuals and documents required by the Contract Documents; 3.5.7. Final releases of lien, waivers of claim, satisfactions of liens or claims, and such other affidavits as may be reasonably required by the City to assure a lien-free and claim-free completion of the Work; 3.5.8. Evidence that the Contractor has fully cleaned and restored the site, including removal of all rubbish and debris; 3.5.9. At least one complete set of as-built plans, reflecting an accurate depiction of Contractor’s Work; 48 of 79 80 3.5.10. .Such other documents necessary to show that the Contractor has complied with all other requirements of the Contract Documents; and 3.5.11. Cost Savings, including supporting documentation used to calculate the Cost Savings. 3.6. Payment Withholding. The City may withhold any payment, including a final payment, for application to such extent as may be necessary, as determined by the City’s Project Consultant, to protect the City from loss for which the Contractor is responsible in the event that: 3.6.1. The Contractor performs defective Work and such Work has not been corrected, provided that the amount withheld shall be limited to the amount sufficient to cover such defective Work; 3.6.2. A third-party files a claim or lien in connection with the Work or this Contract; 3.6.3. The Contractor fails to make payments properly to subcontractors or suppliers for labor, materials, or equipment which has been paid by the City, provided that the amount withheld shall be limited to the amount sufficient to cover such payments to subcontractors or suppliers for labor, materials, or equipment; 3.6.4. The City has reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 3.6.5. The Contractor, its employees, subcontractors, or agents have damaged the City; 3.6.6. The City has reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover liquidated damages for the anticipated delay; 3.6.7. The Contractor has failed to progress the Work satisfactorily and/or according to the Contract Schedule; 3.6.8. The Contractor has failed to carry out the Work in accordance with the Contract Documents; 3.6.9. The Contractor has failed to provide requisite releases of lien for each payment application in accordance with the Contract Documents; and/or 3.6.10. Any other failure to perform a material obligation contained in the Contract Documents. 3.7. No Waiver of City Rights. The payment of any Application for Payment by the City, including the final request for payment, does not constitute approval or acceptance by the City of any item of the Work reflected in such Application for Payment, nor shall it be construed as a waiver of any of the City ’s rights hereunder or at law or in equity. 3.8. Payment to Sub-Contractors; Certification of Payment to Subcontractors. The term “subcontractor,” as used herein, includes persons or firms furnishing labor, materials or equipment incorporated into or to be incorporated into the Work or Project. The Contractor is 49 of 79 81 required to pay all subcontractors for satisfactory performance of their contracts as a condition precedent to payment to Contractor by the City. The Contractor shall also return all retainage withheld to the subcontractors within 30 days after the subcontractor’s work is satisfactorily complete and accepted by the City. 3.9. Cost Savings and Value Engineering. 3.9.1. Cost Savings. In the event the Contractor rebids or renegotiates with any subcontractor to reduce subcontractor costs for the performance of the Work, then the difference between (i) the sum of the subcontractor costs used to establish the Contract Price, as set forth in the Schedule of Values, and (ii) the sum of the revised subcontractor costs, including any early payment or similar discounts (the “Cost Savings”), shall revert to the City. The Contract Price shall be adjusted in accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised to reflect the new Contract Price. 3.9.2. Value Engineering. Contractor shall participate in Value Engineering the Contract Documents with the City and the Architect with the goal of finding acceptable means for reducing the cost of the Work. Upon acceptance by the City of recommendation for Value Engineering, the Contract Documents shall be modified to reflect such changes. All savings in connection with Value Engineering of the Work shall revert to City. 4. CONTRACT DOCUMENTS 4.1. The Contract Documents, which comprise the entire agreement between the City and the Contractor concerning the Work, consist of this Contract for Construction (including any change orders and amendments thereto), the Plans and Specifications attached hereto as Exhibit “A” (the “Plans and Technical Specifications”), the RFQ and any Bidding Documents or procurement documents for the Project, the Contractor’s Bid for the Project (including the Schedule of Bid Items-Pricing) attached hereto as Exhibit “B”, the Bonds (defined herein), Insurance Certificates, the Notice of Award, and the Notice to Proceed, all of which are deemed incorporated into and made a part of this Contract by this reference and govern this Project. 4.2. This Contract incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these Contract Documents that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.3. The Contract Documents shall remain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; however in no circumstances shall the Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the City's prior written authorization. 4.4. Conflicts; Order of Priority. This document without exhibits is referred to as the “Base Agreement.” In the event of a conflict between the terms of this Base Agreement and any exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved in the following order of priorities and the more stringent criteria for performance of the Work shall apply: 50 of 79 82 4.4.1. First Priority: Change Orders with later date taking precedence; 4.4.2. Second Priority: This Base Agreement; 4.4.3. Third Priority: Exhibit “A,” the Plans and Technical Specifications; 4.4.4. Fourth Priority: Exhibit “B,” the Bid; and 4.4.5. Fifth Priority: Contract Documents, excluding this Base Agreement and Exhibits listed in this Section. 5. INDEMNIFICATION 5.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its officers, agents, consultants, and employees, from and against any and all demands, claims, losses, expenses, suits, liabilities, causes of action, judgment or damages, including but not limited to legal fees and costs and through appeal, arising out of, related to, resulting from, or in any way connected with Contractor’s negligence, recklessness, or intentional misconduct in the Contractor’s performance or non-performance of this Contract, Contractor’s obligations, or the Work related to the Contract, including but not limited to by reason of any damage to property, or bodily injury or death incurred or sustained by any person, or to injury to or destruction of tangible property or any other property (other than the Work itself) including the loss of use resulting therefrom, caused in whole or in part by any willful, wanton, or negligent, or grossly negligent acts or omissions of Contractor, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a p arty indemnified hereunder or arises by or is imposed by applicable law and regardless of the negligence of any such party.. Additionally, the Contractor shall defend, indemnify, and hold the City harmless from all losses, injuries or damages and wages or overtime compensation due its employees in rendering services pursuant to this Contract, including payment of reasonable attorneys’ fees and costs in the defense of any claim made under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act or any other employment related litigation or worker’s compensation claims under federal, state, or local law. 5.2. The provisions of this section shall survive termination of this Contract. 6. INSURANCE AND BONDS 6.1. Insurance. 6.1.1. Contractor shall secure and maintain throughout the duration of this Contract insurance of such types and in such amounts not less than those specified below as satisfactory to the City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by Bests Rating and qualified to do business in the State of Florida. Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured, no later than ten (10) days after award of this Contract and prior to the execution of this Contract by City and prior to commencing any Work. Each certificate shall include no less than (30) thirty-day advance written notice to City prior to cancellation, 51 of 79 83 termination, or material alteration of said policies or insurance. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this Section 6.1. 6.1.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit (except for Products/Completed Operations) shall be in the amount of $2,000,000. 6.1.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker’s Compensation insurance. In order for this requirement to be waived, Contractor must provide proof of exemption from such laws. Information regarding eligibility for an exemption from the State of Florida Workers’ Compensation Law is available at: https://www.myfloridacfo.com/Division/wc/PublicationsFormsManualsReports/Broch ures/Key-Coverage-and-Eligibility.pdf. Exemptions may be applied for online through the Florida Department of Financial Services, Division of Workers’ Compensation at: https://www.myfloridacfo.com/Division/wc/Employer/Exemptions/default.htm. 6.1.1.3. Business Automobile Liability with minimum limits of $1,000,000 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include Owned, Hired, and Non-Owned Vehicles. 6.1.1.4. Builder’s Risk property insurance upon the entire Work to the full replacement cost value thereof. This insurance shall include the interest of City and Contractor and shall provide All-Risk coverage against loss by physical damage including, but not limited to, Fire, Extended Coverage, Theft, Vandalism and Malicious Mischief. If Builder’s Risk insurance is not required for this Project, the City shall select this box: ☐. 6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any portion of the Work damaged, destroyed, lost or stolen until Final Completion has been achieved for the Project, and all such Work shall be fully restored by the Contractor, at its sole cost and expense, in accordance with the Contract Documents. 52 of 79 84 6.1.2. Certificate of Insurance. On or before the Effective Date of this Contract, the Contractor shall provide the City with Certificates of Insurance for all required policies. The Contractor shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Contract, including any extensions or renewals that may be granted by the City. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Contract and shall state that such insurance is as required by this Contract. The City reserves the right to inspect and return a certified copy of such policies, upon written request by the City. If a policy is due to expire prior to the completion of the Work, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days’ written notice shall be provided to the City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the City. 6.1.2.1. Additional Insured. The City is to be specifically included as an Additional Insured for the liability of the City resulting from Work performed by or on behalf of the Contractor in performance of this Contract. The Contractor’s insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute to the Contractor’s insurance. The Contractor’s insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 6.1.2.2. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the City. The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 6.1.3. The provisions of this section shall survive termination of this Contract. 6.2. Bonds. Prior to performing any portion of the Work the Contractor shall deliver to City the Bonds required to be provided by Contractor hereunder (the bonds referenced in this Section are collectively referred to herein as the “Bonds”). Pursuant to and in accordance with Section 255.05, Florida Statutes, the Contractor shall obtain and thereafter at all times during the performance of the Work maintain a separate performance bond and labor and material payment bond for the Work, each in an amount equal to one hundred percent (100%) of the Contract Price and each in the form provided in the Contract Documents or in other form satisfactory to and approved in writing by City and executed by a surety of recognized standing with a rating of B plus or better for bonds up to Two Million Dollars. The surety providing such Bonds must be licensed, authorized and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Ci rcular 570). The cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting the Scope of the Work, the Contract Price, Contract Time or any of the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be Contractor’s sole responsibility, and the amount of each applicable bond 53 of 79 85 shall be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations, the Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to City. As authorized by Section 255.05(1)(a), Florida Statutes, if this Project is exempt from posting of a payment and performance bond, the City shall select this box: ☒. 7. CONTRACTOR’S REPRESENTATIONS AND WARRANTIES 7.1. In order to induce the City to enter into this Contract, the Contractor makes the following representations and warranties: 7.1.1. Contractor represents the following: 7.1.1.1. Contractor has examined and carefully studied the Contract Documents and the other data identified in the bidding documents, including, without limitation, the “technical data” and plans and specifications and the Plans. 7.1.1.2. Contractor has visited the Project site and become familiar with and is satisfied as to the general and local conditions and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.1.1.3. Contractor is familiar with and is satisfied as to all federal, state and local laws, regulations and permits that may affect cost, progress, performance and furnishing of the Work. Contractor agrees that it will at all times comply with all requirements of the foregoing laws, regulations and permits. 7.1.1.4. Contractor has made, or caused to be made, examinations, investigations, tests and/or studies as necessary to determine surface and subsur face conditions at or on the site. Contractor acknowledges that the City does not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground or ground facilities at, contiguous or near the site or for existing improvements at or near the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities and improvements) at, contiguous or near to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.1.1.5. Contractor is aware of the general nature of Work to be performed by the City and others at the site that relates to the Work as indicated in the Contract Documents. 7.1.1.6. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings 54 of 79 86 identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.1.1.7. Contractor has given City written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by City is acceptable to Contactor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications and skills to perform the Work and that the Work shall be executed in a good and workmanlike manner, free from defects, and that all materials shall be new and approved by or acceptable to City, except as otherwise expressly provided for in the Contract Documents. The Contractor shall cause all materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project. 7.2. No recovery for changed market conditions. 7.2.1. In entering into the Contract, Contractor represents and warrants that it has accounted for any and all inflation-related events, recession, labor or material shortages, supply chain disruptions, delivery lead time, or price increases that may be caused by local and or national conditions, whether known or unknown at the time of entering into the Contract (the “Market Conditions”). Contractor further specifically represents and warrants that it has considered all impacts and potential impacts, including any current and future supply chain disruptions and labor shortages, associated with the following events: (1) worldwide pandemics including, but not limited to, COVID-19 and Monkey Pox (the “Pandemics”) and (2) the current military conflict involving Russia and the Ukraine (the “Ukraine Military Conflict”). Contractor also represents and warrants that in determining time requirements for procurement, installation, and construction completion, Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and Contract Sum. 7.2.2. Contractor shall not seek any price increases or time extensions relating to or arising from the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict. 7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the Contract Time in connection with any failure by the Contractor to comply with the requirements of this Section. 7.3. Contractor warrants the following: 7.3.1. Anti-Discrimination. Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Contract because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to 55 of 79 87 perform in a position of employment, and agrees to abide by all federal and state laws regarding non-discrimination. 7.3.2. Anti-Kickback. Contractor warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the City has any interest, financially or otherwise, in the Project. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 7.3.3. Licensing. Contractor represents that it is a properly qualified and licensed contractor in good standing within the jurisdiction within which the Project is located. Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required licenses from the federal, state, Miami-Dade County, City, or other governmental or regulatory entity. Contractor acknowledges that it is the obligation of Contractor to obtain all licenses required for this Project, including City building permits. Prior to commencement of the Work, the Contractor shall provide the City with copies of all required licenses. 7.3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required permits from the federal, state, Miami-Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that are necessary to perform the Work. Contractor acknowledges that it is the obligation of Contractor to obtain all permits required for this Project, including City building permits. Prior to commencement of the Work, the Contractor shall provide the City with copies of all required permits. City building permit fees may be waived for this Project. If permits are required by any other governing body or agency, the Contractor shall be obligated to pay the fees. 7.4. Defective Work; Warranty and Guarantee. 7.4.1. City shall have the authority to reject or disapprove Work which the City finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 7.4.2. Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City or its designee, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 7.4.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment furnished and Work performed for a period of three (3) years from the date of 56 of 79 88 Substantial Completion. If, within three (3) years after the date of substantial completion, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City. Should the manufacturer of any materials and equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty to the City prior to Final Completion. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Contractor shall provide and assign to City all material and equipment warranties upon completion of the Work hereunder. 7.4.4. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 8. DEFAULT, TERMINATION, AND SUSPENSION; REMEDIES 8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the Work within the Contract Time or Final Completion Time as specified in Section 2, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon seven (7) days after sending Contractor a written Notice of Termination, terminate the services of Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work, appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable, and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Project is completed. All damages, costs and charges incurred by City, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed monies due Contractor from City, Contractor shall be liable and shall pay to City the amount of said excess promptly upon demand therefore by City. In the event it is adjudicated that City was not entitled to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed terminated by City for convenience as described below. 8.2. Termination for Convenience. This Contract may be terminated by the City for convenience upon seven (7) calendar days’ written notice to the Contractor. In the event of such a termination, the Contractor shall incur no further obligations in connection with the Project and shall, to the extent possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly submit to the City its Application for Payment for final payment which shall comply with the provisions of the Contract Documents. 8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon seven (7) calendar days’ written notice to the Contractor or immediately if suspended in 57 of 79 89 connection with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to additional Contract Time as a non-compensable, excusable delay. 8.4. Termination Due to Lack of Funding. This Contract is subject to the conditions precedent that: (i) City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price; (ii) the City secures and obtains any necessary proceeds, grants, and/or loans for the accomplishment of the Work and/or the Project pursuant to any borrowing legislation adopted by the City Council relative to the Project; and (iii) City Council enacts legislation which awards and authorizes the execution of this Contract if such is required. 8.5. No Damages for Delay. No claim for damages or any claim, other than for an extension of time shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. 8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of which shall be the subject of any Change Order or Claim and none of which shall be compensated for except as they may have been included in the Contractor’s Contract Price as provided in the Contract Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare, negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted Work. 8.7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation. 8.8. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder and in accordance with this Contract shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 9. CHANGES IN THE WORK 9.1. Change Orders. 9.1.1. Without invalidating the Contract Documents, and without notice to any Surety, the City reserves the right to make increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete the Work in a manner satisfactory to the City. The City reserves the right to order changes, which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract, and which are within the general scope of the 58 of 79 90 Contract Documents, and all such changes will be authorized only by a change order (“CO”) approved in advance, and issued in accordance with provisions of the Contract Documents. 9.1.2. For Contractor initiated change orders, the Contractor is required to provide the Project Consultant with a detailed Request for Change Order (“RCO”) in a form approved by the City, which must include the requested revisions to the Contract, including, but not limited to, adjustments in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting documentation to demonstrate the reasonableness of the RCO. The City may require Contractor to provide additional data including, but not limited to, a cost breakdown of material costs, labor costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable, the RCO must include any schedule revisions accompanied by an explanation of the cost impact of the proposed change. Failure to include schedule revisions in an RCO will be deemed as the Contractor’s acknowledgement that the changes included in an RCO will not affect the project schedule. 9.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price, must be effectuated through a written CO executed by both parties and, if required by the City Code of Ordinances, approved by the City Council. 9.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to proceed on a time and materials basis or make such arrangements as may be deemed necessary to complete the proposed additional Work at the unit prices provided in the Contract Documents. Where the City directs the Contractor to proceed on a time and materials basis, the City shall impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all labor and material costs including but not limited to payroll records and material receipts. Contractor must demonstrate its costs with sufficient evidence to be entitled to compensation from the City. 9.2. Continuing the Work. Contractor must continue to perform all Work under the Contract Documents during all disputes or disagreements with City, including disputes or disagreements concerning an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements. 10. MISCELLANEOUS 10.1. No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City Manager. 10.2. Contractor’s Responsibility for Damages and Accidents. 10.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by City and shall promptly repair any damage done from any cause. 10.2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. 59 of 79 91 10.3. Governing Law. This Contract shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in Miami-Dade County, Florida. 10.4. Waiver of Jury Trial. CITY AND CONTRACTOR KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY. 10.5. Prevailing Party; Attorneys’ Fees. In the event of any controversy, claim, dispute or litigation between the parties arising from or relating to this Contract (including, but not limited to, the enforcement of any indemnity provisions), the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs, expenses, paralegals’ fees, experts’ fees and attorneys' fees including, but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated with discovery, processing, management, hosting, and production of electronically stored information (ESI). 10.6. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed to be incorporated herein. 10.7. Examination and Retention of Contractor’s Records. 10.7.1. The City or any of its duly authorized representatives shall, for five (5) years after final payment under this Contract, have access to and the right to examine any of the Contractor’s books, ledgers, documents, papers, or other records involving transactions related to this Contract for the purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. 10.7.2. The Contractor agrees to include in any subcontractor contracts for this Project corresponding provisions for the benefit of City providing for retention and audit of records. 10.7.3. The right to access and examination of records stated herein and in any subcontracts shall survive termination or expiration of this Contract and continue until disposition of any mediation, claims, litigation or appeals related to this Project. 10.7.4. The City may cancel and terminate this Contract immediately for refusal by the Contractor to allow access by the City Manager or designees to any Records pertaining to work performed under this Contact that are subject to the provisions of Chapter 119, Florida Statutes. 10.8. Authorized Representative. 10.8.1. Before commencing the Work, Contractor shall designate a skilled and competent authorized supervisor and representative (“Authorized Representative”) acceptable to 60 of 79 92 City to represent and act for Contractor and shall inform City, in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for Contractor. Contractor shall keep City informed of any subsequent changes in the foregoing. Such representative shall be present or duly represented at the Project site at all times when Work is actually in progress. All notices, determinations, instructions and other communications given to the authorized representatives of Contractor shall be binding upon the Contractor. 10.8.2. The Authorized Representative, project managers, superintendents and supervisors for the Project are all subject to prior and continuous approval of the City. If, at any time during the term of this Contract, any of the personnel either functionally or nominally performing any of the positions named above, are, for any reasonable cause whatsoever, unacceptable to the City, Contractor shall replace the unacceptable personnel with personnel acceptable to the City. 10.9. Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies a nd holds the City harmless from any liability on account of any and all such taxes, levies, duties and assessments. 10.10. Utilities. Contractor shall, at its expense, arrange for, develop and maintain all utilities at the Project to perform the Work and meet the requirements of this Contract. Such utilities shall be furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of this Contract. 10.11. Safety. Contractor shall be fully and solely responsible for safety and conducting all operations under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and damage to property and in full compliance with Occupational Safety and Health Act requirements and all other similar applicable safety laws or codes. Contractor shall continually and diligently inspect all Work, materials and equipment to discover any conditions which might involve such risks and shall be solely responsible for discovery and correction of any such conditions. Contractor shall have sole responsibility for implementing its safety program. City shall not be responsible for supervising the implementation of Contractor's safety program, and shall not have responsibility for the safety of Contractor's or its subcontractor's employees. Contractor shall maintain all portions of the Project site and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors performing Work comply with the foregoing safety requirements. 10.12. Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean and safe condition. Upon completion of any portion of the Work, Contractor shall promptly remove all of its equipment, construction materials, temporary structures and surplus materials not to be used at or near the same location during later stages of Work. Upon completion of the Work and before final payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment and materials belonging to it or used in the performance of the Work and Contractor shall leave the Project 61 of 79 93 in a neat, clean and safe condition. In the event of Contractor's failure to comply with the foregoing, the same may be accomplished by City at Contractor's expense. 10.13. Liens. Contractor shall not permit any mechanic’s, laborer’s or materialmen’s lien to be filed against the Project site or any part thereof by reason of any Work, labor, services or materials supplied or claimed to have been supplied to the Project. In the event such a lien is found or claimed against the Project, Contractor shall within ten (10) days after notice of the lien discharge the lien or liens and cause a satisfaction of such lien to be recorded in the public records of Miami-Dade County, Florida, or cause such lien to be transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court of Miami-Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so discharge or bond the lien or liens within such period as required above, City shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally, City shall thereafter have the right, but not the obligation, to retain out of any payment then due or to become due Contractor, one hundred fifty percent (150%) of the amount of the lien and to pay City ’s reasonable attorneys' fees and costs incurred in connection therewith. 10.14. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes, and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 10.15. Independent Contractor. The Contractor is an independent contractor under the Contract. This Contract does not create any partnership nor joint venture. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. 10.16. Notices/Authorized Representatives. Any notices required by this Contract shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Contract or such other address as the party may have designated by proper notice. 10.17. Ownership and Access to Records and Audits. 10.17.1. Contractor acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the City which are conceived, developed or made by Contractor during the term of this Contract (“Work Product”) belong to the City. Contractor shall promptly disclose such Work Product to the City and perform all actions reasonably requested by the City (whether during or after the term of this Contract) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 10.17.2. Contractor agrees to keep and maintain public records in Contractor’s possession or control in connection with Contractor’s performance under this Contract. 62 of 79 94 The City Manager or her designee shall, during the term of this Contract and for a period of five (5) years from the date of termination of this Contract, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Contract. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Contract, and following completion of the Contract until the records are transferred to the City. 10.17.3. Upon request from the City’s custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 10.17.4. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Contract are and shall remain the property of the City. 10.17.5. Upon completion of this Contract or in the event of termination by either party, any and all public records relating to the Contract in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of this Contract, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 10.17.6. Any compensation due to Contractor shall be withheld until all records are received as provided herein. 10.17.7. Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Contract by the City. 10.17.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM Mailing address: 6130 Sunset Drive South Miami, FL 33143 Telephone number: 305-663-6340 Email: NPayne@southmiamifl.gov 10.18. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E -Verify system to verify the work authorization status of all newly hired employees. The City will 63 of 79 95 not enter into a contract unless each party to the contract registers with and uses the E - Verify system. The contracting entity must provide of its proof of enrollment in E -Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i- provide-proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. 11. SPECIAL CONDITIONS The following provisions in this Section 10 supersede any other provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given transaction and are transaction specific: 11.1. Unsatisfactory Personnel. 11.1.1. Contractor must at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or anyone not skilled in the Work to which they are assigned. 11.1.2. The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor must respond to the City within five (5) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City will make the final determination as to the removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any of such individual(s) does not require the termination or demotion of said individual(s). 11.2. Hours of Work. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall conduct its operations so as not to interfere with or close any thoroughfare, without the written consent of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in accordance with the requirements and limitations of applicable law including, without limitation, the City Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above without the prior written approval of the City. 11.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law, or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic (“MOT”) must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department of Transportation, FHWA), must be followed in the design, application, installation, maintenance and removal of all traffic control devices, warning devices and barriers necessary to protect the public and workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and protected at all times. Prior to commencement of the Work, Contractor must provide the City with a proposed MOT plan for 64 of 79 96 review. The City may require revisions to the proposed MOT plan. The MOT plan must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays resulting from its failure to provide the required MOT plan. 11.4. Royalties and Patents. All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 11.5. Substitutions. Substitution of any specified material or equipment requires the prior written acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient information and documentation to the Project Consultant to allow for a thorough review and determination on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the Contractor’s responsibility to meet the requirements of the Contract Documents. The City may require an adjustment in price based on any proposed substitution. 11.6. Severe Weather Preparedness. During such periods of time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has been given notice of same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as non-compensable, excusable delay. 11.7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). Towards that end, the Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Contract Conditions. If compliance with the ARPA Addendum is required, the City shall select this box: ☐. 11.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded utilizing funds from the grants listed below (each a “Grant”). Accordingly, the Contractor warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work in accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds, the City shall select this box: ☐. Grant Title Grant Agreement Exhibit 65 of 79 97 If the Work will be funded utilizing Grant funds, the City shall select this box:. 11.9. DBE Contract Assurance. 11.9.1. The City affirms it has encouraged women-owned, minority-owned, and disadvantaged businesses of the Project and be responsive to the opportunity of the award of this Contract. 11.9.2. Contractor, or any subcontractor performing Work under this Contract, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the City deems appropriate. 11.10. Scrutinized Companies. 11.10.1. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 11.10.2. If this Agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 11.10.3. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. 11.10.4. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. 66 of 79 98 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as first stated above. CITY OF SOUTH MIAMI By: Genaro “Chip” Iglesias City Manager Attest: By: Nkenga “Nikki” Payne, CMC, FCRM City Clerk Approved as to form and legal sufficiency: By: Weiss Serota Helfman Cole & Bierman, P.L. City Attorney Addresses for Notice: Genaro “Chip” Iglesias City of South Miami Attn: City Manager 6130 Sunset Drive South Miami, FL 33143 305-668-2510 (telephone) 305-663-6345 (facsimile) chip@southmiamifl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Lillian Arango, Esq. City of South Miami Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 33134 larango@wsh-law.com (email) CONTRACTOR By: Name: Title: Entity: Addresses for Notice: (telephone) (email) With a copy to: (telephone) (email) 67 of 79 99 E-VERIFY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E- Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my- participationenrollment-in-e-verify By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E-Verify affidavits from subcontractors. ☐ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Entity Name: ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 68 of 79 100 NOTICE TO PROCEED Dated: , 20 To: ` Project Name: You are hereby notified that the Contract Times under the above Contract will commence to run on ___________, 2023. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 2 of the Contract, the dates of Substantial Completion and completion and readiness for final payment are , 2023 and __________________, 2023, ____/____ days respectively. Before you may start any Work at the site, Article 6 provides that you must deliver to the City ( check here if applicable, with copies to and other identified additional insureds) Certificates of Insurance in accordance with the Contract Documents. In addition, before you may start any Work at the site, you must: (add any additional requirements) CITY OF SOUTH MIAMI By: Genaro “Chip” Iglesias City Manager ACCEPTANCE OF NOTICE TO PROCEED [INSERT NAME OF CONTRACTOR]. By: Name: Title: Date: 69 of 79 101 EXHIBIT A CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS RFQ #FN2023-15 CONSTRUCTION PLANS PREPARED BY: KIMLEY HORN 2 Alhambra Plaza Suite 500 Coral Gables, FL 33134 Ph: 305/673-2025 70 of 79 102 EXHIBIT B CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS RFQ #FN2023-15 CONTRACTOR PROPOSAL 71 of 79 103 ATTACHMENT B DECLARATION/AFFIDAVIT OF REPRESENTATION This Affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The Affidavit must be filed by with the City Clerk's office at the time the a bid or proposal is submitted to the City. For the purpose of this solicitation only, the members listed for the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this Affidavit or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to Section 92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. NAME TITLE Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically, that the persons listed above are the members of the presentation team of the entity listed below. 72 of 79 104 ATTACHMENT C “DESIGN PLANS AND CONSTRUCTION SPECIFICATIONS” Prepared by: Stantec 901 Ponce de Leon Blvd Suite 900 Coral Gables, FL 33134 Ph: 305/445-2900 Fax: 305/445-3344 73 of 79 105 CITY OF SOUTH MIAMI MUNICIPAL GARAGE DOUBLE TEE CONNECTION REPAIRS PREPARED FOR CITY OF SOUTH MIAMI ©PROJECT LOCATIONMIAMI-DADE COUNTYSTATE MAPN.T.S.COVER SHEETC-001PROJECT TEAMCITY OF SOUTH MIAMIOWNER'S AGENTCONTACT: AURELIO J. CARMENATES, P.E.6130 SUNSET DRIVEMIAMI, FL 33143P: 305.403.2072ACarmenates@southmiamifl.govKIMLEY-HORN AND ASSOCIATES, INCSTRUCTURAL ENGINEERCONTACT: NOEL RAMIREZ, P.E.2 ALHAMBRA PLAZA, SUITE 500CORAL GABLES, FLORIDA 33134P: 305.535.7705noel.ramirez@kimley-horn.comCITY OF SOUTH MIAMI MUNICIPAL GARAGE5829 SW 73rd StSouth Miami, Florida 33021DOUBLE TEE FLANGECONNECTION REPAIRSSEPTEMBER 27, 2023NORTHLOCATION MAPSCALE: 1" = 300'PROJECT LOCATIONBID SETC-001COVER SHEETG-001GENERAL NOTESS-102LEVEL 2 RAMP REPAIR PLANS-201REPAIR DETAILSS-301REPRESENTATIVE PHOTOS74 of 79106 GENERAL NOTESG-001© CITY OF SOUTH MIAMI MUNICIPAL GARAGE DOUBLE TEE CONNECTION REPAIRS PREPARED FOR CITY OF SOUTH MIAMI ©STRUCTURAL GENERAL NOTES3.00 FORMWORK, SHORING, AND RESHORING4.00 DIMENSIONS2.00 CONSTRUCTION SAFETY1.00 DOCUMENTS AND LIMITATIONS5.00 SHOP DRAWINGS 6.00 SPECIAL PROVISIONS7.00 PHASING PLAN8.00 SUBMITTALS9.00 OWNER'S TESTING AGENCY QUALIFICATIONS 11.00 OPENINGS IN SLABS, BEAMS AND WALLS12.00 REINFORCED CONCRETE (CAST-IN-PLACE)13.00 POWERWASH10.00 DESIGN LOADS14.00 STEEL CORROSION REPAIR NOTES75 of 79107 SCOPE OF WORK AREAS(REFER TO REPAIRDETAILS ON S-201)EXISTING DOUBLETEE JOINT (TYP.)FS 1FS 1FS 1FS 1FS 1FS 2EXISTING DOUBLETEES (TYP.)DTC 11 (TYP.)DTJS 63 (TYP.)CITY OF SOUTH MIAMI MUNICIPAL GARAGE DOUBLE TEE CONNECTION REPAIRS PREPARED FOR CITY OF SOUTH MIAMI © LEVEL 2 RAMP SCOPE OF WORK AREAS-102SCALE: NTSLEVEL 2 RAMP SCOPE OF WORK AREA1S-104REPAIR LEGENDKEY:SYMBOL ID TYPEQTY X-X NAME FLOOR SPALLFSDOUBLE TEE CONNECTIONDTCDOUBLE-TEE JOINT SEALANTDT-JSDTC7 SQ-FT66376 FTEADTJS76 of 79108 1.2.3.4.5.6.NOTES:THE PURPOSE OF THIS REPAIR IS TO INSTALL SHEAR CONNECTORS ACROSS SLAB CONTROL JOINTSWHERE CONCRETE INTERLOCK IS NO LONGER EFFECTIVE.MAKE CONCRETE REPAIRS TO DELAMINATED CONCRETE ON EITHER SIDE OF LOCATION OF BAR TO BE INSTALLEDAS NECESSARY. ALL CONCRETE REPAIRS TO BE DONE BEFORE THE PLACEMENT OF THE REINFORCING BAR.SAW CUT GROOVE INTO DRIVING SURFACE WITHOUT DAMAGING EXISTING REINFORCING.INSTALL SUPPLEMENTARY REBAR INTO THE GROOVE USING AN EPOXY MORTAR PRODUCT APPROVED BY THE ENGINEER.FINISH TO MATCH SLAB SURFACE.REPLACE JOINT SEALANT ALONG DOUBLE TEE JOINT.EPOXY BONDINGSYSTEM, TYPGAVANIZED #5REBAR, TYP2"1.5"1.5"2"1" CLRTYP1'-6" OC MAXIMUMSUPPLEMENTARY REBARCENTERED ON GROOVEEXISTINGDOUBLE TEE JOINT3/4"TYPSECTION A-ABBAASECTION B-B1'-6"℄DOUBLE TEEJOINT℄DOUBLE TEESTEM℄DOUBLE TEESTEM1" DRILLHOLE#5 GALVANIZED REBAR6"EXISTING CONNECTIONTO REMAIN. CLEAN ANDCOAT FOLLOWING STEELCORROSION REPAIRNOTES.EPOXY MORTARPOUR STOP EPOXYMORTAR AT JOINTSDRILL AND EPOXYREBAR WITH HILTIHIT-500 VEREPAIR DETAILSS-201CITY OF SOUTH MIAMI MUNICIPAL GARAGE DOUBLE TEE CONNECTION REPAIRS PREPARED FOR CITY OF SOUTH MIAMI ©SCALE: NTSPARTIAL DEPTH REPAIR3S-201SCALE: NTSS-2011DOUBLE TEE FLANGE CONNECTION REPAIR AND STRENGTHENINGSCALE: NTSREPLACEMENT SEALANT IN OPEN CONTROL JOINTS4S-201SCALE: NTSS-2012SUPPLEMENTARY DT FLANGE REINFORCEMENT77 of 79109 REPRESENTATIVEPHOTOSS-301CITY OF SOUTH MIAMI MUNICIPAL GARAGEDOUBLE TEE CONNECTION REPAIRSPREPARED FORCITY OF SOUTH MIAMI©SCALE: N.T.S. BROKEN DT CONNECTION1 S-301 SCALE: N.T.S. BROKEN DT CONNECTION2 S-301 SCALE: N.T.S. BROKEN DT CONNECTION3 S-301 SCALE: N.T.S. BROKEN DT CONNECTION4 S-301 SCALE: N.T.S. MISSING DT CONNECTION5 S-301 78 of 79 110 END OF DOCUMENT 79 of 79 111 112 Do cuSfgn Envelope ID : 624482AD -DF7B -43C3-86 E6-35 11530528C4 11 1 ( I\ ( I l'I AV•, l 11~1 C CITY OF SOUTH MIAMI REQUEST FOR QUOTE (RFQ) No. FN2023-15 CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS City of South Miami Commission Mayor Javier Fernandez Commiss ioner Lisa Bonich Commissioner Steve Calle Commissioner Josh Liebman Commissioner Brian Cor ey C ity of So uth Miam i C ity Hall 6130 Sunset D r iv e So uth Mi ami, Fl o ri da 33143 ISSUE DATE: September 29, 2023 AT 4:00 PM RFQ DUE DATE: Oct ober 6, 2023 AT 2:00 PM I of 79 113 DocuSfgn Enve lope ID : 62 4482AD-DF7B-43C3-86E6-35 11530528C4 PUBLIC NOTICE REQUEST FOR QUOTE (RFQ) No. FN2023-I 5 CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS NOTICE IS HEREBY GIVEN that th e City of South Miam i ("City") is soliciting bids for the CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS. The RFQ contains detailed information about the scope of work, submission requirements, and sele ction procedures. The bid submission shall be submitted via email to SKULICK@SOUTHMIAMIFL.GOV and marked "Bid to City of South Miami, RFQ No. FN2023-I 5 for the °CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS0 Bids must be received by the City via email by no later than October 61 2023 at 2:00 PM EST. Any bid submission received after this time and date will be rejected and returned unopened , Bidders are respons ible for ensuring that the ir bid is rece ived in the City by the deadline. The City hereby provides notice to all .Bidders of the im position of a Cone of Silence for this solicitation, as set forth in Section 8A-7 of the City Code. "Cone of Silence," as used herein. means a prohibition on communication regarding a competitive solicitation such as a request for proposal, requ est for qualification, requ est for info rmation or request/invitation for bid between a potential vendor. service provider, proposer or bidder, or agent, representat ive . lobbyist or consultant for the potential b idder; and (i) members of the City commission: (ii) the City's professiona l staff; or (ii i) any member of the City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or City Attorney with any questions on the Cone of Silence . Date Issued: September 29, 2023 2 of79 114 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 TABLE OF CONTENTS Section Page Section I: Information for Bidders 4 Section 2: Terms and Conditions 10 Section 3. Scope of Work 17 Section 4: Bid Submission Requirements and Evaluation & 20 Forms and Attachments Section 4: Bid Form -For m 7 37 Section 4: References -Fo rm 8 39 3 of 79 115 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 SECTION I. INFORMATION FOR BIDDERS I.I. INTRODUCTION/GENERAL BACKGROUND. The City of South Miami. Florida (the "Crty") is soliciting bids for the CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS AT 5829 SW 7JRD STREET, SOUTH, MIAMI, FL. (the "Project"). The City hereby requests bids for the selection of one firm ("Contractor" or "Bidder") to provide the work for the Project as set forth in greater detail in Section 3 of this Request for Quote ("RF Q"). The Contractor awarded a contract pursuant to this RFQ shall provide the services , design , labor, materials. equipment, and all incidentals necessary. as further defined in Section 3 of this RFQ (the "Work" or the "Serv ices ") for the Project. The City intends to award a contract to the lowest, most responsive and responsible Bidder whose bid meets the requirements and criteria set forth in this RFQ for the Work described in this RFQ . 1.2. SCHEDULE OF EVENTS. The following schedule is anticipated for this RFQ process, but is subject to change by the City, in its sole discretion, at any time during the RFQ procurement process . No. Event Date* Time* (EST) I Distribution of RFQ 9/29/2023 4:00 PM Mandatory Pre-Bid Conference and Site Visit NONE 2 5829 SW 73RD Street SCHEDULED South Miam i. FL 33143 3 Deadline to Submit Questions / Requests for 10/4/2023 10:00 AM Clarification 4 City Issues Addenda and Responds to Questions 10/4/2023 3:00 PM Deadline to Submit Bids via email to 5 Procurement@southmiamifl.gov -Submission 10/6/2023 2:00 PM Deadline 6 City Posts Bid Summary via email to Respondents 10/9/2023 10:00 AM 7 Purchase Order Issued 10/10/2023 10:00 AM 4 of79 116 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 1.3. B(D DUE DA TE. Bids must submitted via email to skulick@southmiam lfl .gov All bids must be received by 2:00 PM E.S.T. on October 6, 2023 (the "Submiss ion Deadline "). A Bid Summary will be provided to all Respondents to the RFQ. 1.4. PRE-BID CONFERENCE AND SITE(S) VISIT. A pre-bid conference, NOT be scheduled for this project. Prior to submitting a Bid, each Bidder should visit the site and become familiar with the conditions that may, in any manner, affect the Work to be performed by the awarded contractor or the equipment, materials and la bo r requ ired. The Bidder is also required to examine carefully the Scope of Work set forth in Section 3 of this RFQ and be thoroughly informed r egarding any r equ irements or conditions that may in any manner affect the Work to be performed under the Agreement. No allowances will be made because of lack of knowledge of any conditions or requirem ents . 1.5. ADDENDA CHANGES OR RE UESTS FOR INTERPRETATION DURING BID PROCESS. The City will not respond to oral inquiries or questions concerning this RFQ. All written inquiries, r equests for interpretation or clarification shall be sent to: Steven P. Kulick City of South Miami Chief Procurement Office r 6130 Sunset Drive City of South Miami, FL 33143 E-Ma il : skulick@southmiamifl .gov Facsimile: (305)669-2636 Any written inquiry or request for interpretation or clarification must be sent by e-ma il or written correspondence and received by the City no later than October 4, 2023 at I 0:00 AM. All such interp retations or clarifications will be made in writing in the form of an Addendum to this RFQ issued by the City to all known and/or registered prospective Bidders. Each prospective Bidder shall acknowledge receipt of such Addenda by including it in the Bid Form. A ll Addenda shall be a part of this RFQ and a part of the Agreement and each Bidder will be bound by such Addenda , whether or not received. It is the re pon ·ibility of each pro pective Bidder to verify that it ha received all Addenda issued before Bid are submitted and opened. 1.6. SUBMISSION OF BID. Bids must submitted via email to Steve Kulick, Chief Procurement Officer. email: skulick@southmiamifl .gov and must be marked as 0 Bid to City of South Miami, RFQ No. FN2023- I 5, CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS AT 5829 SW 73RD STREET and addressed to: Steven P. Kulick City of South Miami Chief Procurement Office r 6130 Sunset Drive City of South Miami. FL 33 143 E-Mail: skulick@southmiarnifl .go v 5 of79 117 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO THE CITY ON OR BEFORE THE SUBMISSION DEADLINE JS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR DURING THE SUBMISSION OF BIDS. ANY BID RECEIVED AFTER THE SUBMISSION DEADLINE STATED IN THIS RFQ WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. FACSIMILE AND EMAILED BID SHALL NOT BE CONSIDERED. The Bid must be signed by an authorized officer of the Bidder who is legally authorized to bind the Bidder and enter into a contractual relationship in the name of the Bidde r. The submittal of a Bid by a Bidder Will be considered by the City as constituting an offer by the Bidder to perform the required Work. upon the terms and at the prices stated by the Bidder. The City will only receive submittals via email to skulick@southmiamifl.gov Bids shall be t yped or printed in ink. All blanks on the Bid form(s) must be completed. Names must be typed or printed below the signature . Bids submitted by hand-delivery, or facsimile Will not be accepted. Only one {I) Bid from any in dividual, firm, partnership, or corporation, under the same or different names, will be considered . If the City determ ines that any Bidder has interest in more than one (I) Bid for Work contemplated; all Bid in which such a Bidder is interested will be re jected . Bidd er by submitting this Bid certifies that this Bid is made without previous understanding. contract, or connection with any person, firm or corporation making a Bid for the same material , supplies , equipment or serv ices and is in all r espects , fair and w ithout collusion of fraud. 1.7. BI.D REQUIREMENTS & FORMAT. Each Bidder must present its products, services, and applicable features in a dear and concise manner that demonstrates the Bidder's capabilities to satisfy the requirements of this RFQ . The emphasis should be on accuracy , clarity. comprehens iveness and ease of identifying perti nent information and suitability of the Work Bids MUST include the following: I. 7.1. Bid Form Package. Bidder shall provide complete and accu r ate copies , with all required signatures and notarizations, for all the forms in t he Bid Package: Form I. Form 2A. Form 2B . Form 3. Form 4. Form 5. Fo rm 6. Form 7. Form 8. Bid form Package Acknowledgement. Bidder's Certification (if Company or Corporation) Bidder's Certification (if Partnership) Single Execution Affidav its Dispute Disclosure Certification Regard ing Debarment, Suspension , & Other Respons ibi lity Matters Primary Cove red Transactions Bidder's Qual ifications Survey Bid Form Refe rence List 1.7.2. Proof of Experience. Provide documentation evidencing the experience of the Bidder and demonstrating that the Bidde r has successfully provided Work similar to those specified herein to other firms -and/or agencies of similar size and needs as the City. The Bidder firm shall be currently engaged i n Work on a full t ime basis and shall have been in existence and continuous operation providing the Work for a minimum of five (S) years. 6 of79 118 DocuSfgn Envelope ID : 624482AD-DF7B•43C3-86E6-3511530528C4 1.8. I. 7 .3. Safety Record. Bidder shall provide documentatioh evidencing the safety and compliance record of the Bidder in performing similar Work, incl uding in formation as to any safety or an y noncompliance violations, assessments or citat ions is sued by applicable governmental agencies in the past fi ve (5) years. I. 7.4. Bidder's Qualifications. Include name , function, and qualifications of key personnel , including key subcontractors, in the organization w ho will be providing Work. The k ey person or contact assigned to the Work shall within the past three (3) yea rs have conducted and been respons ib le for providing Work in a similar project or environment. Plea se note, t o receive further con siderat ion , all Bidders must provide the necessary documentation to "ciemonstrate that they meet the following minimum qualifications: 1.7.4.1.Service and Incorporation. Contractor sha ll have been in business and continuous operation and service and incorporated in the State of Florida for a min imum of five (5) years. 1.7.4.2.Licenses. Contractor must be fully lic ensed w ith any and all app li cab le and requ i red licenses, certifications and permits for Work, including government lic enses, certifications, and permits from the State of Florida, Miam i-Dade County, the C ity, and any other governing governmental regulatory authorities . I. 7.5. Insurance Certificates. Bidder shall provide certificates of insurance demonstrating compliance with the requirements set forth under Section 2 of this solicitation, including: 1.7.5.1. Commercial General Liability 1.7.5.2. Workers Compensation & Employer's Liability 1.7.5.3. Business Automobile Liability THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. I. 7.6. Bidder may provide any additional information that highlights experience or expertise, which is relevant and directly applicable to this RFQ EVALUATION CRITERIA/AWARD OF CONTRACT. Award shall be made to the lowest responsible and responsive Bidder whose qua lifications in dicate the Award will be in the best interest of the C ity and whose Bid complies with the requirements of th is RFQ. In no case will the Award be made unti l all necessary investigations have been made into the responsibility of the Bidder and the C ity Manager is satisfied that the Bidder is qualifi ed to do the Work and have the necessary organization, capital and equipment to carry out the Work in the specified timeframes. The responsible bidder shall be a person who has the capability in all respects to fu lly perform the contract requirements and the tenacity, perseverance, integrity, experience , ability, reliability, capacity, faci lities , equipment, financial resources and credit which w ill give a reasonable expectation of good faith performance, and a person who has submitted a bid which conforms in all material respects to the RFQ (the "Responsible Bidder"). In evaluating respons ib ility, the City may also consider previous contracts with the City, past performance and experience with other contracts, compatib ility of the project team w ith City personnel, and any other criteria deemed re levant by the C ity. The City Manager or des ignee may reject those bids that do not meet the minimum requ irements of the RFQ. If the City accepts a bid , the City will provide a written notice of award to the lowest respons ible and responsive Bidder who meets the requirements of this RFQ. If the successfu l bidder to whom the contract 7 of 79 119 DocuSfgn Envelope ID : 624482AD-Df7B-43C3-86E6-3511530528C4 is awarded forferts the award by failing to meet the conditions of this RFQ . the City may. at the City's sole option, award the contract to the next lowest. most responsive, and responsib le bidder or reject all bids or re-advertise the Work. Neither this R.FQ , nor the notice of award of the Agreement(s) constitutes an agreement or contract with the Successful Bidder(s). An agreement or contract is not b inding until a written agreement or contract, in substantially the form attached hereto as Attachment "A," has been executed by the City and the Successful Bidder(s) and approved as to form. content, and lega l sufficiency by the City Manager and City Attorney. 1.9. CITY'S RIGHTS: WAIVER OF IRREGULARITIES. The City reserv es the right to reject any or all bid s which is in any way incomplete or irregular, re-bid the entire solicitation, or enter into contracts with more than one Contractor. The City reserves the right to accept or r eject any and/or all Bid or parts of Bid , to workshop or negotiate any and all Bid , to select and award Bidder(s) for all or any of the Work, waive irregularities in Bid , to cancel or discontinue this RFQ process, and to r equest new Bid on the required Work or services. The City Commission shall make the final deterrnination and award of Bid(s). All materials submitted in response to this Invitation to Bid become the property of the City and will be returned only at the option of the City. The City has the r igh t to use any or all ideas presented in any Bid or responses to the RFQ, whether amended or not , and selection or r ejection of Bid does not affect this right. 1.10. CODE OF ETHICS PROVISIONS. 1.10.1. Cone of Silence. T he provisions of City's Cone of Silence are applicable to this RFQ . The City's Cone of Silence provisions can be found under-Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence may be sent to: Nkenga "Nikki" Payne, CMC. FCR.M City Clerk City of Sou th Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmfamin .gov T he Cone of Silence as used herein means a prohibition of any communicatfon regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or in vitation/request for b id, between a potential vendor, service provider, proposer or bidder (hereinafter referred to as the "potential bidder"), or agent. representative, lobby is t or consu ltant for the potential bidder; (hereinafter referred to as the "bidder's representatfve''); and (i) Members of the City Commission; or (i1) City's professional staff; or (iii) Any member of the City's selection, evaluation or negotiation committee. The provisions of the Cone of Silence shall nor apply w:. (i) Communications at a duly noticed pre-bid conferences or at any duly noticed public selection or negotiation committee meeting or duly noticed public City commission meeting at which the City Manager has placed the subject of the solicitation on the agenda; 8 of79 120 Docu Sfgn Envelope ID: 6244 82A D-DF7B -43C3-86 E6-351 1530528C4 (ii) Communication r egard in g the solici tation a t r eco r ded co ntrac t nego t iati o ns, r ecorded o ra l pr esen t ation o r r eco r ded oral quest io n and answer se ssion and rec o r d ed co ntract nego t ia tion strategy sessi ons in co m pli an ce w ith the ex em ptio n in F.S . § 286.0 I 13 : (ii i) Br iefi ngs m ad e by t he C ity Man age r o r h is de sign ee t o th e City Con,tn issio ner s du ring a meet in g foll owing the comp le t ion of the se lecti on or neg otiat io n comm ittee m ee t ings: (J v) W r itten communication at any t ime with any Ci t y pro fe ssio na l sta ff (n ot including selection , eva luat ion or negotiation co mmittee m emb ers), unl es s spe cifica lly prohibi t ed by t he app lic ab le com pe titive solicitat ion docu m ents. T his section shall not be co ns t r ued to pr eve nt w ri tten co mmun icat ion between City profe ss io nal staff and an y City se lec t ion, eva luati o n o r negotiation committee. A copy of any w r itten communicatio n made du ri ng the cone of sil ence shall be contemporaneously filed with the City clerk by the potential bidder or bidder's representative. The City clerk shall make copies availab le to any person upon request; (v) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding sol icitation document and which communication is between any person and the C ity's purchasing agent or the C ity employee who is designated as be ing responsible for administering the procurement process for such so licitation; (vi) Communications with the City attorney and his or her staff; {vii) Communications during any du ly noticed site vis its to determ ine the competency and responsibleness of bidders regard ing a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; {viii) Any emergen cy procurement of goods or services pursuant to C ity code; {ix) Responses to a request made by the C ity's purchas ing agent, or the City employee who is designated as be ing r espons ible for ad m in istering the procurement process for such solicitation , for clarification or additional information ; (x) Communications pri or to bid open in g between City's professional staff and po t ential bidde r s and/or bidder's representatives to enable C ity staff to seek and obtain industry comment or perform mar ket r esearch , provided all commun ic ations related thereto between a potential bidders and /or bidde r 's r eprese ntatives and any member of the City's profess ional staff including, but not lim ited to t he City Ma nager and his or he r staff, are in writing or ar e made at a duly noticed public meetin g. 1.10.2. Lobbying Prohibited. All potential Bidders and t heir agents who intend to submit, or w ho submitted , a bid or respo nse to this so lici tation , ar e prohibited from lobbying, ind iv idually or collectively, any City Commiss ioner, candidate for C ity Comm issioner, or any employee of the City in connection with this so li citation. The term "Lobbyist" means all persons (in cl ud ing officers and managers of a legal entity), firms, or legal entities such as a corporation , partnersh ip or li mited liability company, employed or reta ined by a principa l (includ ing an officer of the principal or an employee of the principal w hose duties include marketing , or sol i citing business , for the principa l) who seeks to encourage t he passage , defeat, or modifications of (I) ordinance , r esolution , action or decision of the C ity Commission; (2) any action, de ci sion , recommendation of the C ity Manager or any City board or comm ittee ; or (3) any action , decis ion or recommendation of City personnel during t he time period of the entire decision-maki ng process on such action , decision or recommendation which foreseeab ly will be heard or reviewed by the City Com m ission , or a C ity board or comm ittee. 9 of 79 121 DocuSfgn Envelope ID ; 624482AD-D.F7B -43C3-86E6-35 11 530528C4 Contact may only be made through r egulady schedu led Commission meetings , or meetin,gs scheduled through the Procurement Division, which is for the purpose of obtaining additional or clarifying information or as otherwise provided for in t he City's Cone of Silence . Any presentation before a select ion committee i s considered to be lobbying; however, the presentation team may avoid formal registration by complying w ith section 8A-S(c)(9), of the City Code of Ordinances and comp l'eting Attachment B to this RFQ. Any person who submits a proposal , whether solicited or unso licited , on behalf of his or her principa l or his or her employer is considered to be a lobbyist and must reg i ster. An office r or manager of a legal entity who is subm itting a proposal , whether solicited or unsolicited , is considered to be a lobby ist. All Bidders -a re strongly encouraged to review Section BA-5 of the C ity Code of Ord inances for further information _ To register as a lobbyist, please contact the City Clerk at: Nkenga "Nikki" Payne, CMC, FCRM C ity Clerk City of South Miami 6130 Sunset Drive South Miam i, Florida 33143 Npayne@south miamifl .gov END OF SECTION I 10 of79 122 DocuSfgn Envelope ID : 62 4482AD-DF7B-43C 3-86E6-3511530528C4 SECTION 2. TERMS AND CONDITIONS 2.1. PURPOSE OF BID. The City requests Bids from qualified firms for the CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS AT 5829 SW 7JRo STREET Project (the "Project"). The Work to be performed is further detailed in the Scope of Services provided in Section 3 herein (the "Work" or "Services") The frequency, nature, scope and defin ition of the Work desired or requked by the City may change from time to t ime , at the City's discretion. The City intends to secure a source of supply(s) for the Work from a qualified contractor(s) that conform to the requirements of this RFQ and is most advantageous to the City and in its best interest. The C ity reserves the right to award the Bid(s) considered to best serve the City's interests. 2.2. DELIVERY. All equipment, materials, and goods in connection with the Work sha ll be delivered F.O .B. destination (i.e., at a specific City address), and delivery costs and charges (if any) will be included in the Bid prici ng. Exceptions should be noted. 2.3. EQUIPMENT. Any equipment or products used by Contractor to provide Work pursuant to this RFQ sha ll remain the property of the Contractor. In the event equipment or products used by the Contractor are found to be defective, of unsatisfactory quality, or do not conform to the requ i rements of this RFQ or the Specifications, the City reserves the right to re ject the equ ipment or product(s), at the Contractor's expense. 2.4. PRICING. The Bid form attached to this RFQ under Section 4 and to be included w ith each Bid shall specify the Bidder's pricing and/or fees for the equipment and Work requested here in. Bidder should include any and all applicable taxes in Bid prices. If the Bidder is awarded an Agreement pursuant to this RFQ , the prices and fees quoted in the Bid shall remain fixed and firm during the term of the Agreement. 2.5. BID COSTS. Bidders submitting Bid do so entirely at their own cost and expense . There is no expressed or imp li ed obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing or submitting Bid , providing additional information when requested by the C ity, or for participating in any selection interviews. 2.6. LICENSES AND PERMITS. Bidder shall secure any and all necessary and required licenses, certifications and permits to conduct the Work, including, but not limited to, all Federal , State, County and C ity licenses and permits. All Bidders must provide the necessary documentation to demonstrate that they meet all app licable licensing and permitting requirements. By submitting a Bid in response to this RFQ, Bidder represents and warrants to the City that it holds all licenses, certifications and permits ("Licenses") requ i red by app licab le law and by any other governmental authority or agency to perform the Work. Bidder represents and warrants to the City that the Licenses 11 of 79 123 DocuSfgn Envelope ID; 624482AD-DF7B-43C3-86E6-3511530528C4 shall be in full force and effect on the date of performance of the Work and further repres ents that it holds and will hold all Licenses throughout the term o f the Ag reement. Bidder shall pr ovide the City wi th copies of all Licenses and any additional permits that may be required for performance of the Wor k wi th its Bid and during the term of the Agreemen t. Where the Contracto r is r equired to enter onto C ity property , public rights -of-way or other property t o deliver equipment or to perform t he Work as a resul t of a Bid award, the Contractor w ill assume the full duty, obligation and expense of obtaining all necessary approvals, licen ses. permits, inspections and insuran ce required. The Con tracto r shall be liab le for any damages or loss to the City p roperty, or other property or pers ons, occasioned by the acts or omissions, or the negligence of t he Bidde r (or their agent) o r any person the Bidder has des ignated in the performance of the Work, as a result of the Bid. 2.7. INSURANCE. 2. 7.1. If selected, the Contractor shall secure and ma intain throughout the duration of the awarded contract insurance of such types and in such amounts not less than those specified be low as satisfactory to City, naming the City as an Additiona l Insured, underwritten by a firm rated A-X or better by A.M. Best and qual ified to do bus iness in the State of Florida. The i nsurance coverage shall be primary insurance with respect to the City, its officia ls, emp loyees, agents and volunteers naming the City as add itional insured. Any insurance ma inta ined by the C ity shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's insurance. The insurance coverages sha ll include at a min imum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. Copies of Contractor's actual In surance Policies as required here in and Certificates of Insurance sha ll be provided to the City, reflecting the C ity as an Add it iona l Insured. Each Po li cy and certificate shall include no less than (30) thi rty-day advance written notice to C ity prior to cancellation, termination, or material alteration of said policies or insurance. All coverage forms must be primary and non-contributory and the Contractor sha ll provide a waiver of subrogation for the benefit of the City. The Contractor sha ll be responsible for assuring that the insurance policies and certificates required by this Section rema in in fu ll force and effect for the duration of the Work. 2.7 .1. I.Commercial General Liability coverage with lim its of li ability of not less than a $1,000,000 per Occurrence combin ed single li mit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care , custody and control of Contractor. The Genera l Aggregate Liability li m it and the Products/Completed Operations Liability Aggregate li mit sha ll be in the amount of $2 ,000,000 each. 2.7.1 .2.Workers Compensation and Employer's Liability insurance, to app ly for all emp loyees for statutory limits as required by applicable State and Federal laws . The po licy(ies) must include Employer's Li ab ility with min imum li mits of $1 ,000,000.00 each accident. No employee , subcontractor or agent of the Contractor shall be allowed to provide Work pursuant to this RFQ who is not covered by Worker's Compensation insurance . 2.7.1.3. Business Automobile Liability w ith minimum lim its of $1 ,000 ,000.00 per Occurrence, combined single limit for Bodi ly Injury and Property Damage . Coverage must be afforded on a form no more restrictive than the latest ed ition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, H i red, and Non-Owned Veh icl es. 2.7.2. The Contractor agrees to indemn ify, defend and hold harm less the City from and against any and all claims , suits , judgments, losses , damages , executions and/or li ab ili t ies as to bodily in juries and/or property damage which arise or grow out of the Agreement or Contractor's performance of the Work required by this RFQ . 12 of 79 124 IDocuSfgn Envelope ID : 62 4482 AD-Df7B-43C3-86E6 -3511530528C4 2. 7 .3. The Contractor shall also . upon request by the City. provide cop ies of all official receipts and endorsements as verifi cation of Contractor's timely payment of each insurance policy premium as required by the Agreement 2.7.4. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 2.8. BONDS. The selected Contractor must, prior to perform ing any portion of th e Work and w ithin three (3) days of the Effec tive Dat e of the Construction Con tract, del iver t o the City the Bonds r equ ired to be provided by Bidder hereunder and the Construction Contract(collectively, the "Bonds"). The City, in its sole and exclusive disc r etion, may also require other bonds or security, i n order to guaranty that the awarded contract w ith the City will be fu ll y and appropriately performed and completed. The surety providing such Bonds must be licensed, authorized, and admitted to do business in the State of Florida and must be li sted in the Federal Register (Dept. of Treasury, Circular 570). The cost of the prem iums for such Bonds shall be included in the contract price. If notice of any change affecting the scope of services/work, the contract price, contract time, or any of the provisions of the Construction Contract is required by the provisions of any bond to be given to a surety, the giv ing of any such notice sha ll be the selected Contractor's sole responsibi li ty, and the amount of each applicable bond sha ll be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its r ight to do business in Florida is terminated or it ceases to meet applicable law or regu lations, the se lected Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to the City. 2.8.1. Performance Bond. If this provision is se lected , the se lected Contractor must deliver to the City a performance bond in an amount equa l to I 00 percent of the price specified in the contract. The performance bond shall provide that the bond ing company w ill complete the project if the selected Contractor defau lts on the contract with the C ity by failing to perform the contract in the time and manner provided for in the contract. 2.8.2. Payment Bond. If this provision is se lected, the selected Contractor must deliver to the City a payment bond in an amount equal to I 00 percent of the price specified in the contract. The payment bond shall provide that the bonding company or surety will promptly pay all persons who supply labor, materials, or supplies used directly or indirectly in the performance of the work provided for in the contract between the se lected Contractor and the City if the selected Contractor fai ls to make any required payments on ly. 2.8.3. Waiver of Bonds. If this provision is se lected , the C ity Manager has wa ived or li m ited the requirements contained herein for payment or performance bonds upon such circumstances as are deemed in the best in terest of the City. If the requirement for a payment bond is waived, the City shall select this box: 1:81. If the requirement for a performance bond is waived, the City shall select this box: 1:81. 2.9. BID GUARANTY/BID BOND. Eac h bid must be accompan ied by a Bid Bond or Cash ier's C heck, in the amount of five percent (5%) of the bid , in the form provided in Form 9. Bid Guaranty shall be made by certified or cashier's check or by a bid bond made payab le to the C ity and provided by a surety company authorized to do bus iness as a surety in the state. All Bid Bonds shall be valid for a period of at least 90 days from the bid subm ission date. The Bid Bonds for all unsuccessful bids shall be returned after the 90-day period. The purpose of the bid bond is to ensure that bids are honored and that they rema in va li d for the requ i red period. Accordingly, bid bonds are sub ject to forfe iture any time Bidders refuse to honor their bids for at least 90 days after bid opening. T he Bid G uaranty of the successful bidder will be retained until such b idder has executed a contract and furnished any payment and performance bonds, along with all insuranc e policies , licenses , or other documentation that may be required by the C ity. If the successful bidder fails to furnish the required payment and performance bonds, fails to execute and deliver the contract, or fails to deliver the requ i red insurance policies, licenses, or other documentation to the office of the purchasing agent within the t ime specified in the instructions to bidders, the City may annu l the notice of award and the enti re sum of the Bid 13 of 79 125 IDocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders w ill be returned after the Contract is awarded and executed. Bid Bonds shall be submitted to the City Clerk's Office no later thao the Submittal Due Date: Nkenga "Nikki'' Payne, CMC, FCRM City Clerk Oty of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov Ir the requirement for a Bid Guaranty/Bid Bond is waived, the City shall select this box: C8l. 2.10. COMPLIANCE WITH LAW AND OTHER REQUIREMENTS. Contractor shall conduct its operations in compliance with all applicable federal. State, County and City laws and regulations in providing the Work required by this RFQ . 2.11 . ASSIGNMENT. The Contractor shall not transfer or assign the performance of the Work r equ i red by this RFQ and the Agreement without the City's prior written consent. Any award issued pursuant to this RFQ and monies which may be payable by the City, are not assignable except with the City's prior written approval. 2.12. ATTORNEY'S FEES. If the City incurs any expense in enforcing the t erms of the Agreement, whether suit be brought or not. Contractor agrees to pay all such costs and expenses in cluding, but not limited to, court costs., interest and reasonable attorney's fees . 2.13. CONTRACTOR'S RELATION TO THE CITY. It is expressly agreed and understood t hat the Contractor is in all respects an independent contracto r as to all Work hereunder, and that the Contractor is in no r espect an agent. servant or employee of the City. This RFQ specifies the Work to be performed by the Contractor, but the method to be employed to accomplish the Work shall be the responsibility of the Contractor. unless otherwise provided in the Agreement or by the City. 2.14. DISCRIMINATORY PRACTICES. The Contractor shall not discriminate or deny service. deny access, or deny employment to any person on the basis of race, color, creed, sex , sexual orientation. religion or national origin. The Contractor will strictly adhere to the equal employment opportun fty requirements and any applicab le requirements established by the State of Florida or the Federa l Government. 2.15. CANCELLATION. Failure on the part of the Contractor to comply with the conditions. specifications, re qu irements and terms as determined by the C ity, shall be just cause for cancellation of the award with the Contr ac tor hol ding the City harmless. 2.16. INDEMNIFICATION. 14 of79 126 DocuSfgn Envelope ID : 6244 82AD-Df7 B-4 3C3-86E6-35 11 53052 8C4 The Contr acto r shall indemnify. save harmless and defend che City. its officers , agents and em p loyees from and against any cl aims, demands o r caus es of action of whatsoev er k ind o r natu r e arising out of any act, err or, omiss ion, negligent act, conduc t or mi sconduct of the Contracto r, it s agents , servants or emp loyees , in t he performance of th e Work pu r su ant t o this RFQ and/o r from any pr ocurement de ci sion of t he Oty includ ing w ithout l im itation , award ing the Agreemen t t o a Contractor. 2.17. MULTIPLE /OTHER VENDORS. T he City r eserves the r ight t o se lect and awa r d multiple Bidders to provide some or all of the Work. lf t he sel ected contr actors are unava il ab le , the City reserves the righ t to seek an d obt ain other sources. 2.18. PUBLIC ENTITY CRIME/DISQUALIFICATION. Pursuant to Section 287. I 33(3)(a), Florida Statute, all Bidders are adv ised as fo l lows: "A person or affiliate who has been placed on the convicted vendor li st following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a pub li c entity, may not submit a bid on a contract with a public entity for the construction or repa ir of a public building or public work, may not submit bids on leases of rea l property to a pub li c entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract w ith any pub li c entity, and may not transact business with any publ ic entity and may not transact bus iness w ith any public entity in excess of the threshold amount provided in s.287 .017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 2.19. NO CONTINGENCY FEE. Bidder shall warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure the Agreement and that it has not paid or agreed to pay any person, company, corporation, ind iv idual or firm, other than a bona fide employee working solely for the Bidder, any fee , commission, percentage , gift or other consideration contingent upon or resulting from the award or making the Agreement. For the breach or vio lation of this provision, the City shall have the right to terminate the Agreement, w ithout liability, at its discretion. 2.20. PUBLIC RECORDS; CONFIDENTIALITY. Bidders are hereby notified that all information subm itted as part of or in support of Bid submitted pursuant to this RFQ are public records subject to public disclosure in accordance w ith Chapter I 19, Florida Statutes. If there is any apparent conflict between Florida 's Public Records Law and this RFQ , Florida Law will govern and prevail. All Bids submitted in response to th is RFQ shall become the property of the C ity. Unless the information submitted is proprietary, copyrighted , trademarked , or patented , the C ity reserves the right to utilize any or all information, ideas, conceptions , or portions of any Bid in its best interest. Acceptance or rejection of any Bid shall not nullify the City's rights hereunder. Notice Pursuant to Section 119.0701 2 a Florida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Mailing address: Nkenga "Nikki" Payne, CMC, FCRM 6130 Sunset Drive South Miami, FL 33143 15 of 79 127 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 Telephone number: Email: 305-663-6340 NPayne@southmiamifl.gov 2.2 I. AMERICAN RESCUE PLAN ACT PROVISIONS. Bidder acknowledges that the Work or Services may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act ("ARPA"). The selected Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regu lations , policies, and guidelines) required by ARPA, as further detailed in the ARPA Addendum to this solidtation. If compliance with this section is required, the City shall select this box: □. 2.22. GRANT FUNDING. By submitting a response to this solicitation, Bidders acknowledge that the Work or Services may be fu l ly or partially funded utilizing funds from the grants li sted be low (the "Grant"). Accordingly, by submitting a response to this competitive solicitation, the Bidder warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work or Services in accordance w ith the terms and conditions of the Grant(s). Grant Title Grant Agreement Attachment No. If the Work or the Services will be funded utilizing Grant funds, the City shall select this box:□. END OF SECTION 2 16 of 79 128 DocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-3511530528C4 SECTION 3. SCOPE OF WORK SPECIFICATIONS AND RE UIREMENTS 3.1. GENERAL REQUIREMENTS. The Wo rk specified in this Inv itation to Bid (RFQ) consists of furn ish i ng all goods, mate ria ls , supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope o f Services and as otherwise desc dbed in t his RFQ (the "Wor k "). The Work is to be performed i n accordance with specifications and the contract documents that are provided t o the Contractor by the City herein, as well as in accordance with those plans, drawings and specifications that are r equired to be produced by t he Contractor and that are approved by the City. The Work also includes but is not limited to keeping the Project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s) for cleanup and disposal ; disposing of materials; providing all necessary engineering and architectu r al plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontr actors and utility companies (i.e. power, gas, water); erecting construction safety measu r es, including fencing, privacy screening and cones, and ensuring that the safety measu r e are in place at the end of each working day; root pruning and sod restoration at affected areas to the City's satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessa r y to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 81 I to coordinate the process between excavators and member utilities in Florida so that the utilities can ma r k the approximate location of all their underground facilities, including power lines, telephone lines , pipes, and cables on construction site. In all cases, it is the responsibility of Contr actor to obtain and pay for all licenses and other permits (including t r ee permits), provide signed and seal footing and foundation specifications for permitting, as well as all labo r atory tests , enginee ring and architectural specifications , drawings and plans that are necessary to secu r e any and all permits and licenses required to complete Work. In addition, Contractor will be r equired to obtain , pay for and deliver to the City as-built plans fo r all of the Wo r k. Permit fees are waived for permits required to be issued directly by the City. Permit fees charged by other government entities, if required, are the responsibility of the Bidder/Contr actor; however, in all cases ; it is the responsibility of Bidder/Contractor to secure any and all permits that may be required for this project. All wo r k is to be completed in accordance with specifications, engineering construction drawings, and in acco r dance with the ter ms and conditions described in Attachments A, B and C all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City Land Development Code, all applicable ordinances of Miami-Dade County and the City, and the Amer icans with Disabilities Act (ADA). If the Project involves a City park, the Contr actor must comply with the City's public playground safety standards, rules, and guidelines. Work activity is lim ited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances. 17 of 79 129 fDocuSfgn Envelope ID: 624482AD-Df7B-43C3-86E6 -351 1530528C4 3.2. SPECIFIC REQUIREMENTS. The City is soliciting proposals from high ly qualified fir ms for Emergency Garage repairs consisting of Double-Tee flang,e connection an d joint repairs. All work must be completed within forty- five (45) calendar days from th e issuance of a purchase order and bui lding construction permit as per the specifications, engineering construc tion drawings, and ,in accordance with the terms and conditions desc ribed in Attachments A, B, and C. The scope of work is to remove existing joints at the dou ble-tee connections and r ep ai r the broken and/or missing connection and re place damage and/ or missing joint. Respondents shall r eview enclosed specifications, engineering construction plan documents, tree survey details. Respondents are r equired to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). 3.3. SITE LOCATION. The Project will be held at the City of South Miami Municipal Parking Garage at 5829 SW SW73 Street South Miami, FL, 33143. 3.4. DESIGN PLANS & SPECIFICATIONS. Design plans and specifications for the Project are attached to this solicitation as Attachment C, "Design Plan and Specifications, Municipal Garage Double Tee Flange Connection Repairs prepared by Kimley Horn dated September 27, 2023. 3.5. PRO ECT DURATION. After permit(s) have been secured/approved, the Bidder is responsible for completing this project within forty-five (45,) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager. 3.6. WARRANTY. Bidder must include a wa rranty and/or guarantees of all material and labor that includes: 3.6.1. any conditions; and 3.6.2. gua r anteed r esponse time for repair; and 3.6.3. gua r anteed r eplacement during the warranty period; and 3.6.4. life expectancy unde r nor mal use ; and 3.6.5. Failures during the wa r ranty period must be repaired or replaced to the satisfaction of the City; and 3.6.6. the ter m of the warranty. At a minimum, Bidde r/Contractor must wa rrant their Work to be free of significant defects in workmanship and mate r ials for a period of one (I) year and if General Conditions are made part of the contr act documents for this project, at a minimum, Bidder/Contractor must warrant their Work in accordance with the wa rranty requirements found in the General Conditions to the Contract. 18 of 79 130 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 If equipment is being provided, the standard manufacturer's warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's wa rranty is issued to the Bidde r/contr actor, Bidder/Contractor must assign it to the City. 3.7. D OCUMENTATION. A prerequisite to final payment is the execution and delivery to the City of all documents required by any governmental agency, including the City. Such documentation i ncludes documentation for the conveyance of any property or facilities that are the subject of this Project. SPECIAL NOT E A BID GUARANTEE BOND A ND A PERF ORMANCE A ND PAYMENT BOND ARE NOT RE Q UI RED FOR THI S PROJ EC T . END O F SEC T ION 3 19 of 79 131 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 SECTION 4. BID FORM PACKAGE As provided [n the RFQ, the following items must be attached to this Bid: FORMS STATUS Form I -Bid Form Package Acknowledgement ✓ Form 2A. Bidder's Certification (if Company or Corporation) -✓ Form 2B. Bidder's Certification (if Partnership) ✓ Form 3. Single Execution Affidavits ✓ Form 4. Dispute Disclosure ✓ Form 5. Certification Regarding Debarment, Suspension, & Other Respons ibility Matters ✓ Primary Covered Transactions Form 6. Bidder's Qualifications Survey ✓ Form 7. Bid Form/Schedule of Values ✓ Form 8. Reference List ✓ ATTACHMENTS This compet1t1ve solicitation incorporates the following attachments, which shou ld be reviewed thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation. The City is attaching the following Attachments : Attachment A. Attachment B: Attachment C: Sample Contract Declaration /Affidavit of Representation Design Plan and Specifications, Municipal Garage Double Tee Flange Connection Repairs prepared by Kimley Horn dated September 27, 2023. 20 of 79 132 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS hereby propose to furnish t he goods and services specified in the Invitation to Bid, RFQ No. FN2023-015. I agree th at my Bid w ill remain firm for a period of 180 days after opened by the City in order to allow the C ity adequate time to evalua te the Bid. I certify that all information contained in this Bid is truthful to the best of my knowledge and belief. further certify that I am duly autho rize d to submit this Bid on beha lf of the Firm named as the Propos ing Firm and that said Firm is r eady . willing, and able to perform if awa r ded the Agreement. I further certify, under oath, that this Bid is made w ithout prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation subm itting a Bid; no officer, emp loyee or agent of the City of South Miami or any other Bidder has an interest in said Bid. Furthermore, I certify that the undersigned executed this Bid Form w ith fu ll knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Bidder acknowledges receipt of all Addenda issued by the C ity in connection with the RFQ (Check the box next to each addendum rece ived). Addendum I --- Addendum 2 --- Addendum 3 --- ___ Addendum 4 Addendum 5 ---- ___ Addendum 6 ___ Addendum 7 ___ Addendum 8 ___ Addendum 9 ___ Addendum I 0 Attached hereto are the following forms/documents which form a part of this Bid: Form I. Form 2A. Form 2B . Form 3. Form 4. Form 5. Form 6. Form 7 . Form 8. Bid Form Package Acknowledgement. Bidder's Certification (if Company or Corporation) Bidder's Certification (if Partnership) Single Execution Affidavits Dispute Disclosure Certifi cation Regarding Debarment, Suspens ion, & Other Respons ibility Matters Primary Covered Transactions Bidder's Qualifications Survey Bid Form Reference List 21 of 79 133 DocuSign Envelope ID: 624482AD-DF7B-43C3-86E6-3511530528C4 FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) AD Restoration & waterproofing LLC NAME OF BIDDER FIRM ~~ ...A-~ oa.:, REl'eF' BIDDER Alexander Ortiz -President NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS 8075 NW 104th Ct. Doral FL 33178 ~ 893 -5544 TELEPHONE NUMBER State of Florida County of Miami Dade The foregoing instrffent was acknowledged before me by means of ~ physical presence or _ online notarization, this ~ day of O C.--tob ev 20 2.3 by Ate,taoo-e"" Or°"~ (n~me _of person) as Con:w-aL-jov e of authority for C.C S,:::,~ HIQO\\ (name of party on behalf of whom instrument is X Personally known to me; or ___ Produced identification (Type of Identification: ______________ _, --~Did take an oath; or ___ Did not take an oath 22 of 79 134 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 FORM 2A BIDDER'S CERTIFICATION (if Company or Corporation) CERTIFICATE STATE OF ) ) ss COUNTY OF ----- HEREBY CERTIFY that a meeting of the Board of Directors of a corporation or company existing under the laws of the State of ___________ _ held on ___________ , 2023, the following resolution was duly passed and adopted: (SEAL) RESOLVED, that, as ______ of the Corporation/Company, be and is hereby authorized to execute the Bid dated, _____ , 2023 to the C ity of South Miam i for RFQ No. FN2023- l 5 City of South Miami Municipal Parking Garage Project, and that this execution thereof, attested by the Secretary of the Corporation/Company, and with the Corporate/Company Sea l affixed, shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in fu ll force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the officia l sea l of corporation/company on this the ______ of _____ , 2023. Secretary 23 of 79 135 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 (if Partnership) CERTIFICATE STATE OF ~----- COUNTY OF FORM 2B BIDDER'S CERTIFICATION ) ) ss ) I HEREBY CERTIFY that a meeting of the Partners of _________ _ --------------------------------' a partnership existing under the laws of the State of____________ held on _________ , 2023, the following reso lution was duly passed and adopted: "RESOLVED, that as _____________________________ of the Partnership, be and is hereby authorized to execute the Bid dated _______ , 2023, to the City of South Miam i for RFQ No. FN2023-I 5 CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS from this partnership and that his execution of thereof, attested by the sha ll be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this __ , day of ____ , 2023. Secretary (SEAL) 24 of 79 136 DocuSfgn Envelope ID : 62 4482AD -DF7B-4 3C3-86 E6-35 11530528C4 FORMl SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO I N THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A BIDIBID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE: By : _____________________________ _ For (Name of Proposing or Bidding Entity): AD Restoration & waterproofing LLC Whose bus iness address is : __ s_o7_S_N_w_l_0_4_t_h _c_t_,_o_o_r_a_7 _F_L_3_31_7_8 _________ _ And (if applicable) its Federal Employer Identification Number (FE IN) is: _9_2_-1_9_3_7_38_3"_ (if t he entity does not have an FE IN. i nclude the Social Security Number of the individual signing this sworn statement. SS#: ________________ _ Americans with Disabilities Act Compliance Affidavit T he above named firm, corporation or organization is in compliance w ith and ag r ees to continue to comply with. and assure tha t any subcontractor, or third party contractor under this project comp lies w ith all applicable requirements of the laws listed be low incl uding, but not limited to, those provi sions pertain ing to employment, provision of programs and services, t r ansportation. communications. access to facilities. r enovations, and new construction. • The American with D isabilit ies Act of 1990 (ADA), Pub. L IO 1-336., I 04 Stat '327, 42 USC 1210 I I. 22 13 and 4 7 USC Sections 225 and 661 i nclud i ng Title I, Employment; T itle II, Public Services; Title Ill . Public Acco mmodations and Services Operated by Private entities; T itle JV , Telecommunications; and Title V, Miscellaneous Provisions . • The Florida Americans with Disabilities Access i bility Implementation Act of 1993. Section 553 .501-553.513. Florida Statutes : • The Rehabilitation Act of 1973 , 229 USC Section 794: • The Federal Transit Act, as amended 49 USC Section 1612 · • The Fair Housing Act as amended 42 USC Section 3601-363 1. r=os B~1r~. 1itia ls 25 of79 137 DocuSfgn Envelope ID : 624482AD-DF7B -43C3-86E6-3511530528C4 Public Entity Crimes Affidavit I understand t hat a "publ ic entity crime" as defined in Paragraph 287 .1 33 ( I )(g), Florida Statutes , means a violation of any state or federal law by a person w ith respect to and directly related to the transaction of business with any public entity or w ith an agency or politica l subd ivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or pol itical subdivision of any other state or of the United States and involving antitrust, fraud, theft. bribery. collusion , ra cketeering, conspiracy, or material misrepresentations. I understand that ''co nvicted" or "convict ion" as defined in Pa ragraph 287.1 33( I )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, w ith or w ithout an adjudication of gu ilt, in any federal or state trial court of record relating to charges brought by ind ictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287 .133( I )(a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers , directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlli ng interest in another person, or a pooling of equipment or income among persons when not for fa i r market va lue under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a pub li c entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133( I )(e), Flor ida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the lega l power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or app li es to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked be low, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) D Neither the entity submitting this sworn statement, nor any of its officers, d irectors , executives , partners, shareholders, employees, members, or agents who are active i n the management of the entity, nor any affiliate of the entity has been charged w ith ad convicted of a public entity crime subsequent to July I , 1989. D The entity submitting this sworn statement, or one or more of its officers, directors, executives , partners, shareholders, employees , members , or agents who are active i n the management of the entity, or an affiliate of the entity has been charged w ith and convicted of a public entity crime subsequent to July I, 1989. D The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners , shareholders , employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged w ith and convicted of a public entity crime subsequent to July I , 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that 26 of 79 138 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor lis t (attach a copy of the final order). I understand that the submission of this form to the contracting officer for the public entity identified in paragraph I above is for that public entity only and that this form is va lid through December 31 of the calendar year in which it is filed. I also understand that I am required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287.017. Florida Statutes ~r c~otr: 1 two of any change in the information contained in this form. No Conflict of Interest or Contingent Fee Affidavit Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has pa id or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of th is solicitation. Bidder also wa rrants that neither it nor any princi pal , employee, agent, representative nor family member has procured or attempted to procure this contract in v iolation of any of the provisions of the Miami-Dade County and C ity of Sou th Miami conflict of interest or code of ethics ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be sr:::d for the performance of this contract. ~ Business Entity Affidavit- Bidder hereby r ecognizes and certifies that no elected official, board member, or employee of the City of South Miami (the " C ity'') shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction. and further, that no City ·employee, nor any elected or appointed officer (including City board members) of the C ity, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner. officer. director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination. may have a material interest in the Vendor or Bidder. Material interest means direct or ind irect ownership of more than 5% of the total assets or capital stock of the Bidder. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder recognizes that with respect to th is transaction or bid, if any Bidde r violates or is a party to a violation of the ethics ordinances or ru les of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part Ill, Fl a. Stat., the Code of Ethics for Public Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for goor_;;ervices to City. ~ Anti-Collusion Affidavit I . Bidder/Bidder has pe rsonal knowledge of the matters set forth in its Bid/Bid and is fully informed respecting the preparat ion and contents of the attached Bid/Bid and all pertinent circumstances respecting the Bid/Bid ; 27 of79 139 IDocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 2. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid: and 3. Neither the Bidder/Bidder nor any of its officers, partners, owners, agems, representatives, employees, or parties in interest. includ ing Affian t, has in any way colluded , consp ired , connived , or agreed, directly or indirectly with any other Bidder/Bidder, firm, or person to submit a collusive or sham Bid/Bid, or has in any manner. directly or indirectly. sought by agreement or collusion or communicat ion or conference with any other Bidder/Bidder, firm, or person to fix the price or prices in the attached Bid/Bid or of an y other Bidder/Bidder, or to fix any overhead , profit, or cost element of the Bid/B id price or the Bid/Bid price of any other Bidder/Bidder. or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person G~~sted in the proposed Contract. I a Scrutinized Com an Certification I . Bidder certifies that it and its subcontractors are not on the Scr utinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediate ly terminate the Agreement that ma)' result from this rfq at its sole option if the Bidder or its subcontractors are found to have submitted a false certification: or if the Bid der, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this RFQ is for more than one million dollars, the Bidder certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities i n Sudan, Scrutinized Companies with Activities in the )ran Petroleum Energy Sector List. or engaged with business operations in Cuba or Syria as i dentified in Section 287.135, F.S. pursuant to Section 287.135. F.S., the City may immediately terminate the Agreement that may result from this RFQ at its sole option if the Bidder, its affiliates, or its subcontractors. are found to have submitted a false certification; or if the Bidder, its affiliates , or its subcontractors are placed on the Scrutin ized Companies with Activities in Sudan List , or Scrutinized Compan ies with Activities in the Iran Petroleum Energy Sector List, or engaged w ith business operations in Cuba or Syria during the term of the Agreement. 3. The Bidder agrees to observe the above requirements for applicable subcontracts entered i nto for the pe1formance of work under the Agreemen t that may resu lt from this RFQ . As provided in Subsection 287.135(8), F.S ., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative . Bidde r Initials Dru -Free Work lace Affidavit Bidder hereby recogn izes that, pursuant to F.S. § 287.087, preference shall be given to businesses with drug-free workplace programs when two bids/Bid are equal with respect to price, quality. and service. Bidder understands that in order to qualify as a drug-free workplace, Bidder must: a) Pub lish a statement notifyi ng employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against ernployees for violations of such prohibition. 18 of79 140 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 b) Info rm employees about the dangers of drug abuse in the workplace, the Bidder's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation. and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. l) Give each employee engaged in providing commodities or contractual services under the RFQ a copy of the statement specified in subsection (I). 2) Notify employees that, as a condition of working on the commodities or contractual services under the RFQ, the employee must abide by the terms of the statement and will notify the employer of an y conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 3) Impose a sanction on, or require the satisfactory participation in a drug abuse asslstance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 4) Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. Based on information and be lief, the statement, which I have marked below, is true iri relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) tJ The entity submitting this sworn statement is a drug-free workplace and is in fu ll compl iance With the requirements set forth under F.S. § 287.087 . D ~~, entity submitting this sworn statement is not a drug-free workplace. Bid ~1~tials City Non-Discrimination Requirements Affidavit Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miam i, the City will not enter into or award a contract to an entity engaged in a boycott Bidder understands that .,Boycott" as defined under Section 3-1 . I of the Code of the City of South M iami means to blacklist, divest from, or otherwise r-efuse to deal with a nation or countr-y , or to blacklist or otherwise r efuse to deal with a person or entity when the action is based on race, color, national origin. religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a discriminacor-y manner. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments t hat are specifically authorized or required by federal law or state law. Bidder certifies that it is not engaged in a boycott, and is in full compllance with Section 3-1 , I of the Code o~'i,O'Y of South Miami. Bd~1itials Acknowledgment. Warranty. and Acceptance 29 of79 141 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 I. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, r ules a nd regulations. 2. Contr actor warrants that it has r ead, understands, and is willing to comply w ith all r equ irements of RFQ No. FN2023-15 and any addendum/addenda related thereto. 3. Contractor warrants that it will not delegate or subcontract its responsibi lities under an agreement without the pr.or written permission of the C ity Commission or C ity Manager, as applicable. 4. Contractor warrants that all information provided by it in connecti on with this Bid is true and %~urate. B8~1itials [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 30 of79 142 DocuSign Envelope ID: F0158458-16EF--4FD6-801S-A6F4709638O1 Wi Juan Colon e: Jorge Jimenez Si n--., sealed and delivered by: oc.is'tiined by: ,fftD~1 _____ A_e_xa_n_e_r_o_r_t_,_z __ _ Title: -President ACKNOWLEDGMENT State of Florida County of Miami Dade The foregoing instrument was acknowledged before me by means of x_ physical presence or_ online notarization, this \'2,¼h day of ()G:k,b:o::: , 201a, by ..-:-t, • . (~ame pf person) as C.On:tOl'.C.•k:>Y (type of authority) for I ~ ~\-\ ~(name of party on behalf of whom instrument is ex~~~U...--------.,- 270867 ypeas )<.. Personally known to me; o r ___ Produced identification (Type of Identification : _______________ ) ___ Did take an oath; or ___ Did not take an oath 31 of79 143 DocuSign Envelope ID: 624482AO-DF78-43C3-86E6-35 11530528C4 FORM4 DISPUTE DISCLOSURE Answer the following questions by placing an "X" after '"fes'' or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. I . Has your finn or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) yearsl YES _____ NO __ x __ _ 2. Has your firm, or any member of your firm , been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) yearsl YES _____ NO __ x __ _ 3. Has your firm had against it or filed any requests for equitable adjustment. contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of businessl YES ____ NO )(... If yes. state the nature of the request for equitable adjustment. contract claim , litigation, or protest. and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid or Bid for the City of South Miami. ACKNOWLEDGMENT State of Flor~ County of OM> ~ The foregoing instrum!:nt was acknowledged before me by means o ~ ~ysical presence or ,□ online notarization, this ~day of O cA-<> ~ 20--2,2 by A~x gog.ei--O~e- l(~~me <?f person) as C.OQ::W 1 c;.:,tv (type of authority) fo rCih d-~~h l'-\1 "Nh (name of party on behalf of whom instrument is execut.9 •------------. DIP'l.._,.-., QRE1atEN 't1IJ!Z _){__Personally known to me; or ___ Produced identification (Type of Identification: ____________ _, ___ Did take an oath ; o r ___ .Did not take an oath 32 of 79 144 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 FORMS CERTIFICATION REGARDI N G D~BARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACT I ONS This certificatjon is required by the reg~lations implementing Executive Order 12549, Debarment and Suspension , 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages f 9160-1921 I). Copies of the regulations are available from local offices of the U.S. Small Business Administration. ( I) (2) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment. declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) H ave not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsificatlon or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State. or local) with commission of any of the offenses enumerated in paragraph ( I )(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more pub lic transactions (Federal, State, or local) terminated for cause or defau lt. Where the prospective primary participant is unable to certify to any of the statements in this cert.ification, such prospective primary partic ipant shall attach an explanation to this Statement of Qualifications. AD Restoration & waterproofing LLC Entity Name: ____________________________ _ Date: ------------- 10/12/2023 By: _ __,,_~_.A-..,,·0...,.0~.,,...uS-,,lgn,,..,•d=by-,-: .,,.,,.-O-~_· __ _ ~~AfclP~!3Fe5ffiLthorized Representative Alexander Ortiz -President Narne and Tltle of Authorized Representative 33 of 79 145 DocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-351 1530528C4 FORM6 BIDDER'S QUALIFICATIONS SURVEY COMPANY UALIFICATIONS UESTIONNAIRE Please complete this Company Qualifi cations Questionnaire. By comp leting this form and submitting a r esponse to the RFQ. you certify that any and all informat ion conta ined in th e b id is true, that your r esponse to the RFQ is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a response to the RFQ for the same materials, supplies, equ ip ment:, or se r vices , is in all respects fair and w ithout co l lusion o r fraud, that you agree to abide by all terms and conditions of the RFQ , and certify th at you are authorized t o sign fo r the Bidder's firm. Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested in formation. In no event shou ld the total page count of all attachments to this Form exceed five (5) pages. Some information may not be app lic ab le; in such instances, please insert "N/A". Alexander Firm Name 8075 NW 104th Ct , Doral FL 33 17 8 Principal Business Address 786-893-5544 Telephone Number alex@adrestoration -w p.com Email Address 92 -1937383 Federal I.D. No. or Social Security Number Miami-Dade Municipal Business Tax/Occupational License No. FIRM HISTORY AND INFORMATION Facsim i le Number How many years has the firm has been in business under its current name and ownersh ip? ~ Please identify the Firm's document number with the Florida Division of Corporations and date the Firm registered/filed to conduct business in the State of Florida: L23000032300 January18,2023 Document Number Date Filed Please identify the Firm's category with the Florida Department of Bus iness Professional Regulat ion (DBPR), DBPR license number, and date licensed by DBPR: Category License No. Date Licensed Pl ease indicate the type of entity fo1m of the Firm (if other, pl ease describe): o Individual o Partnership o Corporation ~ LLC o LL P o Othe r __________ _ Please identify the Firm's primary business: __ c_o_n_c_r_et_e_R_e_s_t_o_ra_t_i_o_n_&_w_a_t_e_r_p_r_oo_f_,_· n_g _____ _ 34 of 79 146 DocuSfgn Envelope ID : 6:24482AD-Df7B-43C 3-86E6-351 1530528 C4 Please identify the number of con tinuous years you r Fi rm has performed its primary bus iness : _ Please list all professional licenses and certifications held by the Firm . its Qualifier /Prin cipa l, and any Key Staff, including any active certifications of small , m i nority, or d isadvantaged business enterprise, and the name of the entity that issued t he license or certification: License/Certification Name of En t ity Issuing License No. License Issuance Date Type License or Certificat ion Please identify the name, license number, and issuance date of any prior companies that pertain to your Firm: License/Certification Name of Entity Issu ing License No. License Issuance Date Type License or Certification Please identify all individuals authorized to sign for the entity, the i r t itle, and the threshold/level of their signing authority: Authorized Signor 's Name Title Sign ing Authority Threshold (All , Cost up to $X-Amount, No Cost, Other) Please ident ify the total number of Firm employees, managerial/adm inistrative emp loyees, and identify the total number of trades employees by trade (e .g., 20 electricians , 5 laborers, etc.): Total No. of Employees Total No. of Managerial/Administrative Employees Total No. of Trades Employees by Trade INSURANCE INFORMATION Please provide the following information about the Fi rm 's insurance company: PTL Insurance Associates, Inc. Raul Fernandez Insurance Carrier Name 7201 coral way, Miami FL 33155 305 -262 -7094 Insurance Carrier Contact Person auto@ptlinsurance.net Insurance Carrier Address Telephone No. Emai l Has the Firm filed any insurance claims in the last five (5) years! :'ti No o Yes If yes, please identify the type of claim and the amount paid out under the claim: _________ _ FIRM OWNERSHIP Please identif all Firm owners or artners, their title, and ercent of ownershi Owner/Partner Name T itle % 35 of 79 147 DocuSfgn Envelope 1D: 624482AD-DF7B -43C3-86E6-351 1530528C4 Please identify whether any of th e owners/partner~ identified above are owners/partners in another entity: o No o Yes If yes , please id e ntify the name of th e owner/partner, the other entit y's name, and percent of ownership held by the stated owner/partner: Owner/Partner Name Othe r Entity Name Ownership (%) RECENT CONTRACTS Please iden t ify the five (5) most recent contracts in which your Firm has provided services to other pub li c entities: Public Entity Contact Person Telephone No. Ema il Address Date Awarded By signing below, Bidder certifies that the information contained here in is complete and accurate to the best of Bidder's knowledge. Firm:------------------------------------- Authorized Signature : ____________ _ Date: _________ _ Print or Type Name: ____________ _ T itl e: ______ _ 36 of 79 148 DocuSfgn Envelope ID: 624482AD -D F7B-43C3-86E6 -3511530528C4 FORM7 BID FORM/SCHEDULE OF VALUES RFQ No. FN2023 -15 Bid prices stated in t his Form sha ll in clude all costs and expenses for labor. equipment, material s. contractor's overhead, profit. bond and insuranc e, and general cond itions. Payment for this proje ct w ill be based upon completion of the entire project as a Lump Sum contract. ITEM PAY DESCRIPTION UNITS QTY UNIT .AMOUNT ITEM PRICE STRUCTURAL AND WATERPROOFING REPAIRS DTC DT Flange Repairs (install rebar, I clean/coat connections) EACH 66 $ 395 .00 $ 26,070.00 2 FS Concrete Spall Repairs SF 7 $ 125 .00 $ 875 .00 DTJS DT Joint Sealant 3 FT 376 $ 6.00 $ 2,256.00 SUBTOTAL STRUCTURAL AND WATERPROOFING REPAIR ITEMS $29,201.00 ITEM PAY DESCRIPTION UNITS QTY UNIT AMOUNT ITEM PRICE MISCELLANEOUS ITEMS 4 I 01-1 MO Bl LI ZA TION ( I 0%) L.S . I $ 2 ,920.10_ $ 2,920.10 5 I 02-1 MAINTENANCE OF TRAFF IC L.S. I 5,000 .00 5,000.00 $ 6 TRAFF IC CONTR OL O FF ICER H R 80 4,160.00 $ 52.00 $ 7 CONTINGENCY ( I 0%) L.S . I $4,128.11 $ 4,128.11 SUBTOTAL MISCELLANEOUS ITEMS 16,208.21 $ TOTAL 45,409 .21 $ 37 of 79 149 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 SUBMITTED THIS 12 PROPOSAL SUBM ITTED BY : AD Restoration & waterproofing LLC Company Alexander Ortiz Name of P ~00s~VJ.l;wrized to Submit Proposal ..A-~ 0 Signature F4AD3CBSF30CA27 . -President T itle DAY OF 38 of79 October 20~. ----------- 786 -893 -5544 Telephone Number Fax Number alex@adrestoration-wp.com Email Address 150 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 FORMS REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS . REFERENCE #I Acqualina Resort and Residence on the Beach Public Entity Name: ____________________________ _ Reference Contact Person/Title/Department: _____________________ _ Edmundo Perez I Executive Director of Environmental Engineering Contact Number & Email ___ 30_5_._9_1_8_. _so_o_o ____ e_d_m_u_n_do_. p_e_r_e_z_@_ac_q_u_a_l_i_n_a_. c_o_m ______ _ 52 story building Public Entity Size/Number of Residents/Square Mileage: __________________ _ Event(s) Completed {include Name of Project/Event, Date of Event Start/Completion, Details on . I f k/ I . ) Waterproofing on Interti ti al Space, Pedestrian Traffic Membrane Size Scope o Wor Comp exIty concete Restoration sealant Replacement Is the Contract still Activer Yes _x __ No ___ _ 39 of 79 151 IDocuSfgn Envelope ID : 624482AD-DF7B-43C 3-86E6 -3511530528C4 REFERENCE #2 Public Entity Name: ___ G_e_o_r_ge_' s_w_e_l_d_i_n_g ___________________ _ Jorge Amador owner Refe rence Contact PersonfTitle/Department: ______________________ _ Contact Number & Ema il 305.822.2445 lamador@georgeswelding.com ------------------------------- P bl . E · s· /N b f R ·d /S M 'I 6,000 SF o ffi ce Bui 1 ding u 1c nt1ty 1ze um er o es1 ents quare I eage: __________________ _ Event(s) Completed {include Name of Project/Event, Date of Event Start/Compl etion, Detail s on Roof coating, sealant Rep lace ment and concrete Restoration Size/Scope of Work/Complexity) ________________________ _ Is the Contract still Active! Yes x No -------- 40 of 79 152 IDocuSfgn Envelope ID : 624482AD-DF7B-4 3C3-86E6 -3511530528C4 REFERENCE #3 SP Plus Parkfog Public Entity Name: ____________________________ _ Er i ca Ramos Refe rence Contact PersonfTitle/Department: ______________________ _ Contact Number & Ema il 305-989-6612 eramos@spplus .com ------------------------------- Public Entity Size/Number of Residents/Square M il eage: __ P_a_rk_,_· n_g_G_a_r_a_g_e ___________ _ Event(s) Completed {include Name of Project/Event, Date of Event Start/Completi on, Detai ls on Size/Scope of Work/Complexity) ________________________ _ concrete Restoration , Miscellaneous Metal wor k, sealant Replacement and Barrier cables Repairs X Is the Contract still Active! Yes ___ No ____ _ END OF SECTION 4 41 of 79 153 DocuSfgn Envelope ID : 62 4482AD-DF7B-4 3C3-86E6-3511530528C4 ATTACHMENT A SAMPLE OF CONTRACT CONTRACT FOR CONSTRUCTION CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this day of 2023 (the "Effective Date") by and between the CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal corporation, (the "City"), and _________ (the "Contractor"). WHEREAS, the City issued A Request for Quote No. FN2023-I 5 (the "RFQ") for construction of the City of South Miami Municipal Parking Garage at 5829 SW 73'd Street, South Miami, FL 33143 {the "Project"), which RFQ is incorporated herein by reference and made a pa rt hereof as Exhibit "A"; and WHEREAS, in response to the City's RFQ, the Contractor submitted a bid for the Project ("Bid"), which Bid is inco rporated herein by reference and made a part hereof as Exhibit "B"; and WHEREAS, Contractor submitted the lowest, responsive and responsible bid, and was able to mobilize in an expedited manner to complete the emergency repa i rs , in the amount of [$ J in response to the RFQ and was selected and awarded this Contract pursuant to retroactive Resolution No. TBD for perfo rma nce of the Work (as hereinafter defined); and WHEREAS. Contr acto r has represented to the Ci ty that it possesses the necessary qualifications, experience and abilities to perform the Work or the Proj ect, and has agreed to provide the Wor k on the terms and conditions set forth in this Contract NOW, THEREFORE. in consideration of t he mutual covenants and conditions contained herein , the Contractor and the C ity agree as follows: I. SCOPE OF WORK 1.1. Scope of Work. Contractor hereby agrees to furnish all of the labor, materia ls , e9uipment, services and incidentals necessary to perfo rm all of the work desc rib ed in the Contract Documents (the "Work" or the "Project") includ i ng, w ithout limitati on as described i n the approved plans, drawings and/or specifications prepared by Kimley Horn (the "P roject Consultant") attached hereto as Exhibit "A" (the "Plans") and any other documents incorpor ated herein by reference and made a part of t his Contr act fo r the following Pr oject: CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS 1.2. Pre-Construction Conference. Within fourteen ( 14) calendar days after this Contract is executed by both parti es , and before any Work has commenced. a pre-construction conference will be held between the City, the Contractor, and the Project Consultant. The 42 of79 154 DocuSfgn Envelope ID : 624482AD-D F7B-43C3-86E6 -3511530528C4 Contractor must su bmit its project schedule and schedule of va lues, if applicable, prior to this conference . 1.3. Project Schedule. Contractor must submit a proposed Proj ect Schedule as follows : 1.3.1. Schedule must identify the schedule for each location compris ing t he Project. The proposed Pr oject schedule must be submitted w ithin ten ( I 0) ca lendar days from the date this Contract is executed by both parties fo r the r eview an d approval of the Proje ct Consultant or City as applicable. This initial schedule shall establish the baseline schedule for the Project. 1.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a minimum submitted with each pay application. An updated schedule tracked against the baseline must also be submitted upon execution of each Change Order that impacts the Contra ct Time. Failu r e to submit such schedules will result in the rejection of any submitted payment application. 1.3.3. All Project Schedules must be prepa r ed in Microsoft Project or approved equal by the City. At the time of submission of schedules , Contractor must submit a hard copy as well as an electronic version . Electronic ve r sions must not be submitted in a .pdf format. 1.4. Records. 1.4.1. As-Built Drawings. During the Work, Contractor must maintain records of all deviations from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Reco r d Drawings showing correctly and accurately all changes and deviations made du r ing constr uction to r eflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing that the As-Built Record Drawings are co r rect and accurate, including the actual location of all infrastructure, internal piping, and electr ical/signal conduits in o r below the concrete floor (indicating the size, depth, and voltage in each conduit). To record actual constru ction , Contractor must legibly mark on- site str uctures and site Wor k as follows: 1.4.1.1. Depths of va rious elements of foundation in relation to finish first floor datum. 1.4.1.2. All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. Actual installed pipe mate r ial , class, etc. 1.4.1.3. Location of internal utilities and appurtenances concealed in the construction, r efe r enced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers , access door s, fans and other items needing periodic maintenance. 1.4.1.4. Field changes in dimensions and details. 1.4.1.5. Changes made by Project Consultant's written instructions or by Change Order. 1.4.1.6. Details not on original Contract Drawings. 43 of 79 155 IDocuSfgn Envelope ID; 624482AD-DF7B-43C 3-86E6 -3511530528C4 1.4.1. 7. Equipment, conduit, electrical panel locatio ns . 1.4.1.8. Project Consultant's schedule changes according to Contractor's reco rds and shop drawings. 1.4.1. 9. Specifications and Addenda; Legibly mark each section to record: 1.4.1.9.1. Manufacturer, trade name, catalog number and Supplie r of each pr oduct and item of equipment actually installed. 1.4.1.9.2. Changes made by Project Consultan t's written instructions or by Change Order. 1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical system and instr umentation system. 1.4.1.1 0.1. As-built documents must be updated monthly as a condition precedent to payment. A final survey signed and sealed by a surveyor must be provided to the City at no additional cost, including digital I (CAD and PDF) versions. 1.4.1.10.2. For construction of new building, or building additions, field improvements, and or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed Registered Lan d Surveyor. 1.4.2. Record Set. Contr acto r must maintain in a safe place one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings , Specifications, amendments, COs, RF ls, and field directives, as well as all written interpretations and clarifications issued by the Project Consultant, in good order and annotated to show all changes made during construction . The record documents must be continuously updated by Contra ctor throughout the prosecution of the Work to accurately re fl ect all field changes that are made to adapt the Work to field conditions , changes resulting from COs and/or field directives as well as all written interpretations and clarifications, and all concealed and bu ri ed installations of piping, conduit and utility services . Contractor must ce r tify the accuracy of the updated r ecord documents. The record documents must be clean , and all changes , corrections and dimensions must be given in a neat and legible manner in red. Upon Final Completion and as a condition precedent to Contractor's entitlement to final payment, the Reco r d Set must be delivered to the Project Consultant by the Contr acto r. The Reco r d Set of Drawing must be submitted in both hard copy and as electronic plot files. 1.4.3. Construction Photographs. Pri o r to commencement of the Work the Contra ctor must take digital photographs and color audio-video recording to document existing conditions and submit copies in an acceptable format to the City. Contractor must submit with each application for payment photographs that accurately reflect the progress of all aspects of the Wor k. The number of photographs to be taken will be based on the magnitude of the Work being performed. Contractor must submit one copy of each photograph in print and digitally. The photographs must be printed on 8" X IO" high resolution glossy commercial grade and weight color photographic print paper or in a format acceptable to the City. Each photograph must be imprinted on its face with the title of the Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg fo r mat and will be submitted through a file-sharing site (such as Dropbox) or on a CD- 44 of 79 156 DocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-351 1530528C4 ROM o r flash drive clearly i dentifying the name of the Pr oject, the name of t he Contractor, and the timeframe in which the pictures were taken. Initial set up prints will be submitted in a th r ee-ring binde r with each picture protected by a dear plastic sleeve. Subsequen t pri nts are to be submitted in clea r plastic sleeves that can be added to the binder. The three-ring binder must be of such size to be able t o hold all print pictu res. 1.5. Staging Site. 1.5.1. The Contractor is solely resp onsible for making all arrange m ents for any .staging site(s) that may be necessary for the perfo r mance of the Work and the Contractor is responsible for all site security, including any fencing of the site, and any loss, damage or theft to its equipment and materials. Any fencing of the Staging Site is subject to the prior written approval of the City. 1.5.2. The City at its sole discretion may make a staging site available for use by the Contractor. If such site is made available by the City, the City assumes no responsibility or liability for the equipment or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or theft to its equipment and materials. The Contractor must restore the site to its pre-existing condition prior to the Contractor's use of the site. 1.5.3. The Contractor may be required to provide or may choose to use an office trailer for the duration of the Project. The Contractor must have the prior written approval of the City as to the use of any office trailer and the placement location for the office trailer. The Contractor must obtain all required permits from the appropriate regulatory agencies. 1.5.4. No parking is permitted at a City provided staging site without the prior written approval of the City. 1.6. Purchase and Delive e and Installation. All materials must be F.O.B. delivered and included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading and installation of all equipment and material(s). Contractor must make all arrangement for delivery. Contractor is liable for replacing any damaged equipment or material(s) and filing any and all claims with suppliers. All transportation must comply with all federal, state (including FOOT), Miami-Dade County, and local laws , rules and regulations. No materials will be stored on-site without the pr ior w r itten app r oval of the City. 1.7. Approval of Subcontractors. For any scope of work that the Contractor will utilize a subcontractor, the Contractor may only retain or utilize the services of the particular subcontractor with the prior written approval of the City Manager, which approval may be granted or withheld in the City Manager's sole and absolute discretion. The Contractor shall provide at least fourteen ( 14) days notice to the City Manager and the Project Consultant of its intent to retain or utilize a subcontractor. 1.8. Project Signage. Contractor must furnish and install two (2) Project signs at the Project Site in accordance with the requirements provided by the Project Consultant or the City as applicable. 2. CONTRACT TIME 2.1. Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed providing a commencement date and issued by the City Manager or 45 of 79 157 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 designee. The Notice to Proceed will not be issued until Contractor's submission to City of all required documents and after execution of this Contract. 2.2. Time is of the essence throughout this Contract.. The Contractor shall prosecute the Work with faithfulness and diligence and the Work shall be substantiaUy completed within forty- five (45) calendar days from the date specified in the Notice to Proceed ("Contract Time"). Substantial Comptetion shall be defined for this purpose as the date on which City receives beneficial use of the Project. The Work shall be fully completed in accordance with the Contract Documents within forty-five ( 45) calendar days from the date specified in the Notice to Proceed ("Final Completion Time"). The Final Completion date is defined as the date determined by the City when all Work, including punch list items, has been completed in accordance with the Contract Documents and Contractor has delivered to City all documentation required herein. 2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within the Contract Time , Contractor shall pay to City the sum of $980.00 FOR SUBSTANTIAL COMPLETION LI UIDATED DAMAGES for each calendar day after the expiration of the Contract T ime that the Contractor fails to achieve Substantial Completion up until the date that the Contractor achieves Substantial Completion. Upon failure of Contractor to fully complete the Work and achieve Final Completion within the Final Completion Time, Contractor shall pay to City the sum of 980.00 FOR FINAL COMPLETION LIQUIDATED DAMAGES for each calendar day after expiration of the Final Completion Time that the Contractor fails to achieve Final Completion up until the date that the Contractor achieves Final Completion. These amounts are not pena lties but are liquidated damages payable by Contractor to City for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining the amount of damages that will be sustained by City as a consequence of Contractor's delay and failure of Contractor to complete the Work on time. The above-stated liquidated damages shall apply separatel'y to each phase of the Project for which a time for completion is given. 2.4. City is authorized to deduct the liqufdated damages from monies due to Contractor for the Work under this Contract. ln case the liquidated damage amount due to City by Contractor exceeds monies due Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City the amount of said excess. 3. CONTRACT PRICE AND PAYMENT PROCEDURES 3.1. Guaranteed Maximum Price. The City shall pay the Contractor an amount not to exceed $ _____________ for the performance of the Work in accordance with the line items and unit prices included in Exhibit "B" (the "Contract Price"). The Contract Price shall be full compensation for all services, labor, materials, equipment, and costs , including overhead and profit, associated with completion of all the Work in full conformity with the Contract Documents and adjusted only by written change orders signed by both parties and approved as required by local law. The Contract Price shall include all applicable sales taxes as required by law. 46 of79 158 Do cu Sfgn Envelope ID : 6244 82AD-DF7B-4 3C3-86E6-35 11 53052 8C4 3.2. Schedule of Values. The Contractor must submit two copies of schedule of va·lues within ten ( I 0) calenda r days from the date this Contract is executed by both parties. The schedule of values shall indicate a complete breakdown of labor and mate r ial of all categori es of Work on the Pr oject. Contractor's overhead and profit must be l isted as separate line items . Each l ine item must be identified with t he numbe r and title of t he ma jo r specification section o r major components of the items. The Project Consultant or C ity as applicable may require further b r eakdown after r eview of the Contract o r 's submittal. The City r ese r ves t he r ight to r equire such information from the Contr actor as m ay be necessary to dete r m i ne t he accuracy of the schedule of values. The combined total value for mobilization under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Schedule of Values must be incorporated into the Contractor's payment application form. The Contractor guarantees that each ind ividual line item contained in the schedule of values submitted as part of a competitive solicitation shall not be increased without written approval by the City Manager. 3.3. Payment Application Procedures. City shall make progress payments, deducting the amount from the Contract Price above on the basis of Contractor's Applications for Payment on or before twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the City shall be within twenty (20) days after receipt of the Pay Application. Any rejection shall specify the applicable deficiency and necessary corrective action. Any undisputed portion shall be paid as specified above. All such payments will be made in accordance with the Schedule of Values established in the Contract Documents or, in the event there is no Schedule of Values, as otherwise provided in the Contract Documents. In the event the Contract Documents do not provide a Schedule of Values or other payment schedule, Applications for Payment shall be submitted monthly by Contractor on or before the I 0th of each month for the prior month to the Project Consultant. Progress payments shall be made in an amount equal to the percentage of Work completed as determined by the City or City's Project Consultant, but, in each case, less the aggregate of payments previously made and less such amounts as City shall determine or City may withhold taking into account the aggregate of payments made and the percentage of Project completion in accordance with the Contract Documents and Schedule of Values, if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or Pay Application (the "Retainage ") shall be retained by City until final completion and acceptance of the Work by City. In the event there is a dispute between Contractor and City concerning a Pay Application, dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the disputed Payment Application. The City shall reach a conclusion within 15 days thereafter and promptly notify Contractor of the outcome, including payment, if applicable. 3.4. Progress Payment Applications. Each progress payment application submitted to the City must include: 3.4.1. A sworn and certified progress payment affidavit indicating that all laborers, material suppliers, and subcontractors dealing with the Contractor were paid in full as it relates to all Work performed up to the time of the request for payment; 3.4.2. Partial conditional releases or waivers of lien by the Contractor, material suppliers, subcontractors, and any lienors serving a Notice to the City and evidence of proof of 47 of 79 159 DocuSfgn En velope ID: 624482AD-D F7 B-43C3-86E6 -351 1530528C4 payment of any inde btedne ss i ncu rred with r espe ct co the Wor k o f th e Contractor as may be r eq uired by the C ity; 3 .4.3. Eviden ce t hat al l W ork w as fully perfo rm ed as r equ ired by t he Cont r act D o cuments u p to th e ti me of the r eq uest for payment and that t he Wo rk w as inspec t ed an d accepted by t he City an d any o th e r gove rnm en ta l authorities r equ ired to i nspe ct the Work; an d 3.4.4. An updated Project schedule, including a two-week look -ahead schedule, as approved in writing by the City Manager. 3.4.5. All Buy-Out Savings , including suppo r ting documentation relating to the calculation of the Buy-Out Savings. 3.5. Final Payment. Upon Final Completion of the Work by Contractor in accordance with the Contr act Documents and acceptance by the City, and upon receipt of consent by any surety, City shall pay the remainde r of the Contract Price (including Retainage) as recommended by the City's Project Consultant and Building Official. Final payment is contingent upon receipt by City from Contractor of: 3.5.1. An affidavit that payrolls, bills fo r materials, equipment, and other indebtedness were paid in full as it r elates to all Work performed under this Contract; 3.5.2. A certificate evidencing that insurance required by the Contract Documents shall remain in effect afte r final payment is made; 3.5.3. A written statement that the Contr acto r knows of no reason that the insurance will not be r enewable to cover the pe r iod required by the Contract Documents; 3.5.4. Documentation of any special wa rranties , including, but not limited to, any manufactures' warranties or specific subcont r actor warranties ; 3.5.5. Evidence that all Punch List items have been fully completed to the satisfaction of the City; 3.5.6. All previously undelivered manufacturer and subcontractor guarantees , warranties, and manuals and documents required by the Contract Documents ; 3.5.7. Final releases of lien , waive r s of claim, satisfactions of liens or claims , and such other affidavits as may be reasonably required by the City to assure a lien-free and claim-free completion of the Wor k; 3.5.8. Evidence that the Contractor has fully cleaned and restored the site, including removal of all rubbish and debris ; 3.5.9. At least one complete set of as-built plans, reflecting an accurate depiction of Contr actor's Work; 48 of 79 160 DocuSfgn Envelope ID : 624482AD-DF7B-43C 3-86E6-35 11 530528 C4 3.5.10 .. Such other documents necessary to show that the Contractor has complied with all other requirements of the Contract Documents; and 3.5.1 I. Cost Savings, including supporting documentation used to calculate the Cost Savings. 3.6. Payment Withholding. The City may withhold any paymen t, ,including a final payment, for application to such extent as may be necessary, as determined by the City's Project Consultant. to protect the City from toss fo r which the Contractor is responsible i n the event that: 3.6.1. The Contractor performs defective Work and such Work has not been corrected, provided that the amount withheld shall be limited to the amount sufficient to cover such defective Work; 3.6.2. A third-party files a claim or lien in connection with the Work or this Contract; 3.6.3. The Contractor fails to make payments properly to subcontractors or suppliers for labor, materials, or equipment which has been paid by the City, provided that the amount withheld shall be limited to the amount sufficient to cover such payments to subcontractors or suppliers for labor, materials, or equipment; 3.6.4. The City has reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 3.6.S. The Contractor, its employees, subcontractors, or agents have damaged the City; 3.6.6. The City has reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover liquidated damages for the anticipated delay; 3.6. 7. The Contractor has failed to progress the Work satisfactorily and/or according to the Contract Schedule; 3.6.8. The Contractor has failed to carry out the Work in accordance with the Contract Documents; 3.6.9. The Contractor has failed to provide requisite releases of lien for each payment application in accordance with the Contract Documents; and/or 3.6.10. Any other failure to perform a material obligation contained in the Contract Documents. 3.7. No Wajver of City Rights. The payment of any Application for Payment by the City, including the final request for payment, does not constitute approval or acceptance by the City of any item of the Work reflected in such Application for Payment, nor shall it be construed as a waiver of any of the City's rights hereunder or at law or in equity. 3.8. Pa ment to Sub-Contractors· Certification of Pa ment to Subcontractors. The term "subcontractor," as used herein, includes persons or firms furnishing labor, materials or equipment incorporated into or to be incorporated into the Work or Project. The Contractor is 49 of 79 161 DocuSfgn Envelope ID: 624482AD -D F7B -43C3-86E6 -351 1530528C4 required to pa y all subcontractors for satisfactory perfo rma nce of their contracts as a condition precedent to payment to Contractor by the City. The Contractor shall also return all retai nage withheld to the subcontractors within 30 days afte r the subcontractor's work is satisfactorily complete and accepted by the City. 3.9. Cost Savings and Value Engineering. 3.9.1. Cost Savings. In the event the Contractor rebids or renegotiates with any subcontractor to reduce subcontractor costs for the performance of the Work, then the diffe r ence between (i) the sum of the subcon t ractor costs used to establish the Contract Pr ice , as set forth in the Schedule of Values , and (ii) the sum of the revised subcontractor costs , including any ea r ly payment o r similar discounts (the "Cost Savings"), shall revert to the City. The Contr act Pr ice shall be adjusted in accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised to reflect the new Contract Price. 3.9.2. Value Engineering. Contr actor shall participate in Value Engineering the Contract Documents with the City and the Architect with the goal of finding acceptable means for reducing the cost of the Wor k. Upon acceptance by the City of recommendation for Value Enginee r ing, the Contract Documents shall be modified to reflect such changes. All savings in connection with Value Enginee r ing of the Work shall revert to City. 4. CONTRACT DOCUMENTS 4.1. The Contract Documents, which comp r ise the entire agreement between the City and the Contractor concerning the Work, consist of this Contract for Construction (including any change o r ders and amendments the r eto), the Plans and Specifications attached hereto as Exhibit "A" (the "P lans and Technical Specifications "), the RFQ and any Bidding Documents or procurement documents for the Project, the Contractor's Bid for the Project (including the Schedule of Bid Items-Pricing) attached hereto as Exhibit "B", the Bonds (defined herein), Insurance Certificates, the Notice of Awa r d, and the Notice to Pr oceed, all of which are deemed incorporated into and made a part of this Contract by this reference and govern this Project. 4.2. This Contract incorporates and includes all prior negotiations, correspondence, conve r sations , agreements, o r unde r standings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these Contract Documents t hat are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations o r ag r eements, whethe r o ra l o r w r itten. 4.3. The Contract Documents shall r emain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; howeve r in no ci r cumstances shall the Contractor use , or permit to be used , any or all of such Contract Documents on other projects without the City's prior written authorization. 4.4. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base Agreement." In the event of a conflict between the terms of this Base Agreement and any exhibits or attachments he r eto, or any documents incorporated herein by reference, the conflict shall be r esolved in the following order of priorities and the more stringent criteria for performance of the Wo r k shall apply: 50 of 79 162 fDocuSfgn Envelope ID: 624482AD-DF7B-43C 3-86E6 -3511530528C4 4.4.1. First Pr iority: Change Order s with later date taking precedence; 4.4.2. Second Priority: This Base Agreement; 4.4.3. Thi rd Prio rity: Exhibit "A," the Plans and Techn ical Spe ci fica tions; 4.4.4. Fo u rth Pr iority: Exhibit "B," the Bi d; and 4.4.5. Fifth Prio rity: Contract Documents, excluding this Base Agreement and Exhibits l is ted in this Section. 5. INDEMNIFICATION 5.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its officers, agents, consultants, and employees, from and against any and all demands, claims, losses , expenses , suits, liabilities, causes of action, judgment or damages, including but not limited to legal fees and costs and through appeal, arising out of, related to, r esulting from, or in any way connected with Contractor's negligence, recklessness, or intentional misconduct in the Contractor's performance or non-performance of this Contract, Contractor's obligations, or the Work related to the Contract, including but not limited to by reason of any damage to property, or bodily injury or death incurred or sustained by any person, or to injury to or destruction of tangible property or any other property (other than the Work itself) including the loss of use resulting therefrom, caused in whole or in part by any willful , wanton, or negligent, or grossly negligent acts or omissions of Contr actor, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder o r arises by or is imposed by applicable law and regardless of the negligence of any such party .. Additionally, the Contractor shall defend, indemnify, and hold the City ha r mless from all losses , injuries or damages and wages or overtime compensation due its employees in rendering services pu r suant to this Contract, including payment of r easonable attorneys' fees and costs in the defense of any claim made under the Fair Labor Standards Act, Title V I I of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act or any other employment related litigation o r worker's compensation claims under federal, state, or local law. 5.2. The provisions of this section shall su r vive termination of this Contract. 6. INSURANCE AND BONDS 6.1. Insurance. 6.1.1. Contractor shall secure and maintain throughout the duration of this Contract insu ra nce of such types and in such amounts not less than those specified below as satisfacto r y to the City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by Bests Rating and qualified to do business in the State of Florida. Cer tificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured, no late r than ten ( I 0) days after award of this Contract and prior to the execution of this Contract by City and prio r to commencing any Work. Each certificate shall include no less than (30) thirty-day advance w r itten notice to City prior to cancellation, 51 of 79 163 IDocuSfgn Envelope ID ; 624482AD-DF7B-43C3-86E6-3511530528C4 termination , or material alteration of said policies or insurance . The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's insurance. The insurance coverages shall include at a minimum the amounts set forth in this Section 6.1 . 6.1.1.1. Commercial General Liability coverage with limits of liability of not less than a $1 ,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit (except for Products/Completed Operations) shall be in the amount of $2,000,000. 6.1.1.2. Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $1 ,000,000 .00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. In order for this requirement to be waived, Contractor must provide proof of exemption from such laws . Information regarding eligibility for an exemption from the State of Florida Workers' Compensation Law is available at: https://www.myfloridacfo.com/Division/wc/PublicationsFormsManualsReports/Broch u res/ Key-Coverage-and-Eligi bi I icy. pdf. Exemptions may be applied for online through the Florida Department of Financial Services, Division of Workers' Compensation at: https:/ /www.myfloridacfo.com/Division/wc/Employe r/Exemptio ns/ d efault.htm . 6.1.1.3. Business Automobile Liability with minimum limits of $1,000,000 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the -latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include Owned, Hired, and Non-Owned Vehicles. 6.1.1.4. Builder's Risk property insurance upon the entire Work to the full replacement cost value thereof. This insurance shall include the interest of City and Contractor and shall provide All-Risk coverage against loss by physical damage including, but not limited to, Fire, Extended Coverage, Theft. Vandalism and Malicious Mischief. If Builder's Risk insurance is not required for this Project, the City shall select this box:□. 6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any portion of the Work damaged , destroyed, lost or stolen until Fina l Completion has been achieved for the Project, and all such Work shall be fully restored by the Contractor, at its sole cost and expense, in accordance with the Contract Documents. 52 of79 164 DocuSfgn Envelope ID: 624482AD-D F7B-43C3-86E6 -3511530528C4 6.1.2. Certificate of Insurance. On or before the Effective Date of this Contract, the Contractor shall provide the City with Certificates of Insurance for all required po licies. The Contractor shall be r esponsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Contract, including any extensions or r enewa ls that may be granted by the City. The Certificates of Insu ra nce shall not only name the types of policy(i es) provided, but also shall refer specifically to th is Contract and shall state that such i nsu r ance is as required by t his Contract. The City reserves the right to inspect and r eturn a certified copy of such policies, upon written request by the City. If a policy is due to expi r e prior to the completion of the Work, renewal Cer tificates of Insu r ance shall be furnished thirty (30) calendar days prior to the date of thei r policy expiration. Each policy certificate shall be endorsed with a provision that not less than thi r ty (30) calendar days' written notice shall be provided to the City befo r e any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the City. 6.1.2.1. Additional Insured. The City is to be specifically included as an Additional Insured fo r the liability of the City resulting from Work performed by or on behalf of the Contractor in pe rformance o f this Contract. The Contractor's insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contr ibute to the Contr acto r's insurance. The Contractor's insurance shall contain a seve r ability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 6.1.2.2. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the City. The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim . 6.1.3. The provisions of this section shall survive termination of this Contract. 6.2. Bonds. Pri or to performing any portion of the Work the Contractor shall deliver to City the Bonds required to be provided by Contr actor hereunder (the bonds referenced in this Section ar e collectively referred to he r ein as the "Bonds "). Pursuant to and in accordance with Section 255.05, Florida Statutes, the Contr actor shall obtain and thereafter at all times during the performance of the Work maintain a sepa r ate performance bond and labor and material payment bond for the Work, each in an amount equal to one hundred percent ( I 00%) of the Contract Pr ice and each in the form provided in the Contract Documents or in other form satisfacto r y to and approved in writing by City and executed by a surety of recognized standing with a rating of B plus o r better fo r bonds up to Two Million Dollars. The surety providing such Bonds must be licensed , autho r ized and admitted to do business in the State of Florida and must be listed in the Fede r al Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting the Scope of the Wo r k, the Contract Price, Contract Ti me or any of the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be Contr acto r's sole r esponsibility, and the amount of each applicable bond 53 of 79 165 IDocuSfgn Envelope ID : 624482AD-DF7B-43C 3-86E6 -3511530528C4 shall be adjusted acco rd ingly . If the surety is declared ba nkrupt or becomes i nsolvent or its right to do bus iness in Florid a is terminated or it ceases to meet applicable law or regulations , the Contractor shall , within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to C ity. As authorized by Section 255.05( I )(a), Florida Statutes, if this Project is exempt from posting of a payment and performance bond, the City shall select this box: 1:81. 7. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES 7.1. In order to induce the City to enter into this Contract, the Contractor makes the following r ep r esentations and warranties: 7.1.1. Contractor represents the following: 7.1.1.1. Contr actor has examined and carefully studied the Contract Documents and the other data identified in the bidding documents, including, without limitation, the "technical data" and plans and specifications and the Plans. 7 .1.1.2. Contr actor has visited the Pr oject site and become familiar with and is satisfied as to the general and local conditions and site conditions that may affect cost, progr ess, performance or furnishing of the Work. 7 .1.1.3. Contr actor is familiar with and is satisfied as to all federal, state and local laws , regulations and permits that may affect cost, progress, performance and furnishing of the Work. Contractor agrees that it will at all times comply with all requirements of the foregoing laws, regulations and permits. 7 .1.1.4. Contr actor has made, o r caused to be made, examinations, investigations, tests and/o r studies as necessary to determine surface and subsurface conditions at or on the site. Contr actor acknowledges that the City does not assume responsibility fo r the accuracy o r completeness of information and data shown or indicated in the Contract Documents with r espect to underground or ground facilities at, contiguous o r nea r the site or for existing improvements at or near the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations , investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities and improvements) at, contiguous or nea r to the site or otherwise which may affect cost, progr ess , performance or furnishing of the Work or which relate to any aspect of the means , methods, techniques , sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not conside r that any additional examinations, investigations, explorations, tests , studies o r data ar e necessary for the performance and furnishing of the Wor k at the Contract Pr ice , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.1.1.5. Contr actor is awa r e of the general nature of Work to be performed by the City and others at the site that relates to the Work as indicated in the Contract Documents. 7 .1.1.6. Contr actor has corr elated the information known to Contractor, infor mation and obse r vations obtained from visits to the site, reports and drawings 54 of 79 166 DocuSfgn Envelope ID: 624482AD-DF7B-43C 3-86E6 -3511 530528C4 identified in the Contract Documents and all additional examinations, i nvestigations , exploratio ns, t ests , studies and data w ith the Contract Documents. 7. I. I. 7. Contrac tor has given City w ritten notice of all conflicts, errors, ambigu ities or discrepancies that Contractor ha s discovered in the Contract Documents and the written resoluti on thereof by City is acceptable to Contactor, and the Contract Documents are generally sufficient to in d icate and convey understanding of all terms and conditions for performance and furnishing of th e Work. 7 .1.1.8. The Contr actor ag r ees and represents that it possesses the requisite qualifications and skills to perform the Work and that the Work shall be executed in a good and wor kmanlike manne r, free from defects , and that all materials shall be new and approved by or acceptable to City, except as otherwise expressly provided for in the Contract Documents. The Contr actor shall cause all materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project. 7.2. No recovery for changed market conditions. 7.2.1. I n entering into the Contract, Contractor represents and warrants that it has accounted for any and all inflation-related events, recession, labor or material shortages, supply chain disruptions, delivery lead time, or price increases that may be caused by local and o r national conditions, whether known or unknown at the time of entering into the Contract (the "Market Conditions "). Contractor further specifically represents and warrants that it has considered all impacts and potential impacts, including any current and future supply chain dis ruptions and labor shortages, associated with the following events: (I) worldwide pandemics including, but not limited to, COVID-19 and Monkey Pox (the "Pandemics") and (2) the cu rrent military conflict involving Russia and the Ukr aine (the "Ukraine Militar y Conflict"). Contractor also represents and warrants that in determining time r equirements fo r procurement, installation, and construction completion, Contra ctor has taken into account the impacts of Market Conditions, the Pandemics, and the Ukr aine Military Conflict, and has included all of those factors in the Construction Schedule and Contract Sum. 7.2.2. Contractor shall not seek any price increases or time extensions relating to or arising from the impacts of any Ma r ket Conditions, the Pandemics or Ukraine Military Conflict. 7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the Contract Time in connection with any failure by the Contractor to comply with the requirements of this Section. 7.3. Contr actor wa rrants the following: 7.3.1. Anti-Discrimination. Contr actor agrees that it will not discriminate against any employees o r applicants for employment or against persons for any other benefit or se r vice under this Contr act because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to 55 of 79 167 IDocuSfgn Envelope ID : 624482AD-DF7B-43C 3-86E6-35 11 530528C4 petform in a position of employment. and agrees to abide by all federal and state laws regarding non-discrimination. 7 .3.2. Anti-Kickback. Contractor wa r rants that no pe r son has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the City has any interest, financially or otherwise, in the Project. For breach o.r violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 7.3.3. Licensing. Contractor represents that it is a properly qualified and licensed contractor in good standing within the jurisdiction within which the Project is located. Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required licenses from the federal, state, Miami-Dade County, City, or other governmental or regulatory entity. Contractor acknowledges that it is the obligation of Contractor to obtain all licenses required for this Project, including City building permits. Prior to commencement of the Work, the Contractor shall provide the City with copies of all required licenses. 7.3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required permits from the federal, state, Miami-Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that are necessary to perform the Work. Contractor acknowledges that it is the obligation of Contractor to obtain all permits required for this Project, including City building permits. Prior to commencement of the Work, the Contractor shall provide the City with copies of all required permits. City building permit fees may be waived for this Project. If permits are required by any other governing body or agency, the Contractor shall be obligated to pay the fees. 7.4. Defective Work· Warrant and Guarantee. 7.4.1. City shall have the authority to reject or disapprove Work which the City finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 7.4.2. Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City or its designee, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 7.4.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment furnished and Work performed for a period of three (3) years from the date of 56 of 79 168 DocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-351 1530528C4 Substantial Completion. If, w ithin three (3) years after t he date of substantial completion, any of the Wor k is found to be defective or not in accordance with the Contract Documents, Contractor, after r ece ipt of written notice from City, shall pr ompdy correct such defective or nonconforming Work w ith in the time specified by City without cos t to City. Should the manufacturer of any materials and equipment furnished provide for a longer warranty, t he n the Contractor shall transfer such warranty to the City prior to Final Completion. Nothing contained herein shall be construed to establish a pe riod of li mitation with res pect to any other obli,gation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Contractor shall provide and assign to City all material and equipment warranties upon completion of the Work hereunder. 7.4.4. Failure to r eject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 8. DEFAULT TERMINATION AND SUSPENSION· REMEDIES 8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the Work within the Contra ct Time or Final Completion Time as specified in Section 2, or shall perform the Work unsuitably, o r cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon seven (7) days after sending Contractor a written Notice of Termination, terminate the services of Contractor, exclude Contr actor from the Project site, provide for alternate prosecution of the Work, appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable, and may finish the Wor k by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Project is completed. All damages , costs and charges incu rred by City, together with the costs of completing the Project, shall be deducted from any monies due o r which may become due to Contractor. In case the damages and expenses so incu rred by City shall exceed monies due Contractor from City, Contractor shall be liable and shall pay to City the amount of said excess promptly upon demand therefo r e by City. In the event it is adjudicated that City was not entitled to terminate the Contract as described he r eunde r fo r default, the Contr act shall automatically be deemed terminated by City fo r convenience as desc ri bed below. 8.2. Termination for Convenience. This Contract may be terminated by the City for convenience upon seven (7) calenda r days ' w r itten notice to the Contractor. In the event of such a termination, the Contr actor shall incu r no further obligations in connection with the Pr oject and shall, to the extent possible, ter minate any outstanding subcontractor obligations. The Contractor shall be compensated for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly submit to the City its Application for Payment for final payment which shall comply with the provisions of the Contract Documents. 8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon seven (7) calendar days' written notice to the Contractor or immediately if suspended in 57 of 79 169 DocuSfgn Envelope ID : 6244 82AD-DF7B -4 3C3-86E6-351 1530528 C4 connect ion with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to additional· Contract Time as a non-compensable, excusable delay. 8.4. Termination Due to Lack of Funding. This Contract is subject to t he conditions precedent t hat: (i) C ity funds ar e available, appropriated, and budgeted for the Work, the Pr oject, and/or Contract Price; (ii) the City secu r es and obtains any necessary proceeds, grants, and/or loans for the accomplishment of the Work and/o r t he Project pu r suant to any borrowing legislation adopted by the City Council relative to the Pr oject; and (i ii) City Council enacts legislation which awards and authorizes the execution of this Contract if such is required. 8.5. No Damages for Delay. No claim for damages or any claim, other than for an extension of time shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. 8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of which shall be the subject of any Change Order or Claim and none of which shall be compensated for except as they may have been included in the Contractor's Contract Price as provided in the Contract Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare, negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted Work. 8. 7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation. 8.8. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder and in accordance with this Contract shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 9. CHANGES IN THE WORK 9.1. Change Orders. 9.1.1. Without invalidating the Contract Documents, and without notice to any Surety, the City reserves the right to make increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete the Work in a manner satisfactory to the City. The City reserves the right to order changes, which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract, and which are within the general scope of the 58 of 79 170 DocuSfgn Envelope ID; 624482AD-DF7B-43C3-86E6-351 1530528C4 Contract Doc uments, and all ·such changes will be authorized only by a change order ("CO") approved in advance, and issued i n accordance with provisions of t he Contract Documents. 9.1.2. Fo r Contractor initiated change orders, the Contr actor is required to provide the Pr oject Consultan t w ith a detailed Request for Change O rder ("RCO") in a fo rm approved by the City, which must include the requested revisions to the Contract, inclu ding, but not limited t o , adjustments in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting documentation to demonstrate the reasona bleness of t he RCO. The City may require Contractor to provide additional data including, but not limi te d to, a cost breakdown of material costs, labor costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable, the RCO must include any schedule revisions accompanied by an explanation of the cost impact of the proposed change. Failure to include schedule revisions in an RCO will be deemed as the Contractor's acknowledgement that the changes included in an RCO will not affect the project schedule. 9.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price, must be effectuated through a written CO executed by both parties and, if required by the City Code of Ordinances, approved by the City Council. 9.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to proceed on a time and materials basis or make such arrangements as may be deemed necessary to complete the proposed additional Work at the unit prices provided in the Contract Documents. Where the City directs the Contractor to proceed on a time and materials basis, the City shall impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all labor and material costs including but not limited to payroll records and material receipts. Contractor must demonstrate its costs with sufficient evidence to be entitled to compensation from the City. 9.2. Conti nu in the Work. Contra ctor must continue to perform all Work under the Contract Documents during all disputes or disagreements with City, including disputes or disagreements concerning an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements. I 0. MISCELLANEOUS I 0.1. No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunde r, without the previous written consent of the City Manager. I 0.2. Contractor's Responsibility for Damages and Accidents. I 0.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by City and shall promptly repair any damage done from any cause. I 0.2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. 59 of 79 171 DocuSfgn Envelope ID : 624482AD -D F7B-43C3-86E6 -3511530528C4 I 0.3. Governin Law. This Contract shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation arisi ng out of this Contract shall be proper exclusively in M iami-Dade County, Florida. I 0.4. Waiver of lury Trial. CITY AND CONTRACTOR KNOWINGLY, IRR EVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITH ER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDE RA L COURT PROCEED INGS IN RESPECT TO AN Y ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION, ARISIN G OUT OF, UNDER, OR IN CONNECTION WITH T HE CONSTRUCTION OF T HE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY. I 0.5. Prevailing Party; Attorneys' Fees. In the event of any controversy, claim, dispute or litigation between the pa r ties ar ising from o r r elating to this Contract (including, but not limited to, the enfo r cement of any indemnity provisions), the prevailing party shall be entitled to recove r from the non-prevailing party all reasonable costs, expenses , paralegals' fees, experts' fees and attorneys' fees including, but not limited to, court costs and other expenses through all t r ial and appellate levels. In addition, the prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated with discovery, processing, management, hosting, and production of electronically stored information (ESI). I 0.6. Compliance with laws. The Contractor shall comply with all applicable laws, ordinances, rules, r egulations, and lawful orders of public authorities in carrying out Services under this Agr eement, and in particular shall obtain all r equi r ed permits from all jurisdictional agencies to perform the Services under this Agr eement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed to be incorporated herein. I 0. 7. Examination and Retention of Contractor's Records. I 0. 7. I . The City or any of its duly authorized rep r esentatives shall , for five (5) years after final payment under this Contra ct, have access to and the right to examine any of the Contractor's books, ledge r s, documents, papers , or other records involving transactions related to this Contract for the purpose of making audit, examination , excerpts, and transc ripti ons . In addition, the Contractor agrees to comply specifically with the provisions of Section I 19.070 I, Florida Statutes. I 0.7.2. The Contractor agrees to include in any subcontractor contracts for this Project co r responding provisions fo r the benefit of City providing for retention and audit of records. I 0. 7 .3. The right to access and examination of records stated herein and in any subcontracts shall survive te r mination o r expiration of this Contract and continue until disposition of any mediation, claims, litigation or appeals related to this Project. I 0.7.4. The City may cancel and te rm inate this Contract immediately for refusal by the Contra ctor to allow access by the City Manage r or designees to any Records pertaining to wo r k performed under this Contact that are subject to the provisions of Chapter I 19, Flo ri da Statutes. I 0.8. Authorized Re resentative. I 0.8.1. Before commencing the Wor k, Contr actor shall designate a skilled and competent authorized supervisor and r epresentative ("Authorized Representative") acceptable to 60 of 79 172 DocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-351 1530528C4 City to represen t and act for Contract or and shall inform City, in writing. of the name and address of such representative together with a clear definition of the scope of his authority to r epresent and act for Contractor. Cont ract o r shall keep C ity informed of any subsequent changes in the foregoing. Such representative shall be present or du ly represented at the Project site at all times when Work is actually in pr ogress. All notices, determinations, instructions and other communications given to the authorized rep r esen t atives of Contracto r shall be bi nding upon the Contractor. I 0.8.2. The Authorized Representative, project managers, superintendents and supervisors for the Project are all subject to prior and continuous approval of the City. If, at any time during the term of this Contract, any of the personnel either functionally or nominally performing any of the positions named above, are, for any reasonable cause whatsoever, unacceptable to the City, Contractor shall replace the unacceptable personnel with personnel acceptable to the City. I 0.9. Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds the City harmless from any liability on account of any and all such taxes, levies, duties and assessments. I 0.10. Utilities. Contr actor shall, at its expense, arrange for, develop and maintain all utilities at the Project to perform the Work and meet the requirements of this Contract. Such utilities shall be furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of this Contract. I 0.1 I. Safety. Contr actor shall be fully and solely responsible for safety and conducting all operations under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and damage to property and in full compliance with Occupational Safety and Health Act requirements and all other similar applicable safety laws or codes. Contractor shall continually and diligently inspect all Work, materials and equipment to discover any conditions which might involve such r isks and shall be solely responsible for discovery and correction of any such conditions. Contractor shall have sole responsibility for implementing its safety program. City shall not be responsible for supervising the implementation of Contractor's safety program, and shall not have r esponsibility for the safety of Contractor's or its subcontractor's employees. Contractor shall maintain all portions of the Project site and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors performing Work comply with the foregoing safety requirements. I 0.12. Cleaning Up. Contractor shall , at all times , at its expense, keep its Work areas in a neat, clean and safe condition. Upon completion of any portion of the Work, Contractor shall promptly r emove all of its equipment, construction materials, temporary structures and surplus materials not to be used at or near the same location during later stages of Work. Upon completion of the Work and before final payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment and materials belonging to it or used in the performance of the Work and Contractor shall leave the Project 61 of 79 173 IDocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6 -3511530528C4 in a neat, cl ean and safe condition. In the event of Contractor's failure to comply with t he foregoing, the same may be accomplished by City at Contractor's expense. I 0.13. Liens. Contr acto r shall not pe rmit any mecha nic 's, laborer's or materialme n's lien to be filed against the Project site or any part thereof by reason of any Work. labor, services or materia•ls supplied or cla imed to have been supplied to t he Projec t. In the event such a lien is found or cla i med against the Project, Contractor shall within ten ( I 0) days after notice o f the lien discharge the li en or liens and cause a satisfaction of such lien to be recorded i n the public reco r ds of Miami-Dade County, Flo rida , or cause such lien to be transferred to a bond, or post a bond sufficient to cause the Cler k of the Circuit Court of Miami-Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so discharge or bond the lien or liens within such period as required above, City shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally, City shall ther eafter have the right, but not the obligation , to retain out of any payment then due or to become due Contr actor, one hundred fifty percent ( 150%) of the amount of the lien and to pay City 's reasonable attorneys' fees and costs incurred in connection therewith. I 0.14. Public Entit Crimes Affidavit. Contractor shall comply with Section 287.133, Flori da Statutes, and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any r equired affidavit. I 0.15. Independent Contractor. The Contractor is an independent contractor under the Contract. This Contra ct does not create any partnership nor joint venture. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as office r s, employees, or agents of the City. Personnel policies, tax responsibilities, social secu r ity and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contr acto r. I 0.16. Notices/Authorized Re resentatives. Any notices required by this Contract shall be in w r iting and shall be deemed to have been properly given if transmitted by hand-delivery, by r egiste r ed or certified mail with postage prepaid return receipt requested, or by a private postal se r vice, addressed to the pa r ties (or their successors) at the addresses listed on the signature page of this Contract o r such other add r ess as the party may have designated by proper notice. I 0.17. Ownership and Access to Records and Audits. I 0.17.1. Contractor acknowledges that all inventions, innovations, improvements, developments, methods, designs , analyses , drawings, reports, compiled information, and all simila r o r related information (whether patentable or not) which relate to Services to the City which are conceived, developed or made by Contractor during the term of this Contr act ("Work Product") belong to the City. Contractor shall promptly disclose such Work Product to the City and perfor m all actions reasonably requested by the City (whether during o r after the ter m of this Contract) to establish and confirm such owner ship (including, without limitation, assignments, powers of attorney and other instruments). I 0.17.2. Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Contract. 62 of 79 174 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 The City Manager or her designee shall. during the term of this Contract and for a period of five (5) years from the date of termination of this Contract, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Contract. Contractor additionally agrees to comply specifically with the provisions of Section I 19.070 I, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Contract, and following completion of the Contract until the records are transferred to the City. I 0.17.3. Upon request from the City's custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter I 19, Florida Statutes, or as otherwise provided by 1aw. I 0.17.4. Unless otherwise provided by law, any and all records, -including but not limited to reports, surveys. and other data and documents provided or created in connection with this Contract are and shall remain the property of the City. I 0.17.S. Upon completion of this Contract or in the event of termination by either party, any and all public records relating to the Contract in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Contract, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. I 0.17 .6. Any compensation due to Contractor shall be withheld until all records are received as provided herein. I 0.17.7. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Contract by the City. 10.17.8. Notice Pursuant to Section I 19.0701(2)(a), Florida Statutes. If THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION Of CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Mailing address: Telephone number: Email: Nkenga "Nikki" Payne, CMC, FCRM 6130 Sunset Drive South Miami, FL 33143 305-663-6340 NPayne@southmiamifl .gov I 0.18. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will 63 of79 175 DocuSfgn Envelope ID: 624482AD -DF7B-43C3-86E6 -3511530528C4 not enter i nto a contract unless each party to the contract registers with and uses the E- Ve rify system . The contracting entity must provide o f its proof of enrollment in E-Verify. For instructions on how to provide proof of th e contracting entity's participation/enrollment in E-Ve rify, please visit: https://www.e-verify.gov/faq/how-do-i- provide-proof-of-my-participationenrollment-in-e-verify. By en te ring into this Agree men t, the Contractor acknowledges that it has r ead Section 448 .095 , Florida Statutes; will comply with the E-Ve r ify r equi rem ents imposed by Section 448 .095 , Florida Statutes, including but not limited to obtaining E-Ve rify affi davits from subcontractors; and has executed the r equi r ed affidavit attached he r eto and incorporated herein. 11. SPECIAL CONDITIONS The following provisions in this Section IO supersede any other provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given t r ansaction and are t r ansaction specific: I 1.1. Unsatisfactory Personnel. I 1.1.1. Contractor must at all times enforce strict discipline and good order among its employees and subcontr actors at the Project(s) site(s) and must not employ on any Work any unfit person or anyone not skilled in the Work to which they are assigned. I 1.1.2. The City may make w r itten request to the Contractor for the prompt removal and replacement of any pe r sonnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contra ct Documents. The Contractor must respond to the City within five (5) calenda r days of receipt of such request with either the removal and replacement of such personnel o r written justification as to why that may not occur. The City will make the final dete r mination as to the removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any of such individual(s) does not r equi r e the te r mination or demotion of said individual(s). I 1.2. Hours of Work. Contra ctor shall confo r m to and obey all applicable laws , regulations, or o r dinances with regard to labor employed , hours of Work and Contractor's general operations. Contractor shall conduct its ope ra tions so as not to interfere with or close any thoroughfare, without the written consent of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in acco r dance with the requirements and limitations of applicable law including, without limitation, the City Code of Ordinances. The Contractor shall not perform Wor k beyond the time and days provided above without the prior written approval of the City. I 1.3. Maintenance of Traffic. Wheneve r required by the scope of Work, by federal, state, or local law, or requested by the City to protect the public health , safety, and welfare, a Maintenance of T raffi c ("MOT") must be perfo r med in accordance with the applicable FDOT Index Numbers (600 Se ri es) and as further stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department of Transportation, FHWA), must be followed in the design , application, installation, maintenance and removal of all traffic control devices, warning devices and ba r rie r s necessary to protect the public and workmen from hazards with the Project limits. Pedest r ian and vehicular t raffi c must be maintained and protected at all times. Prior to commencement of the Work, Contra ctor must provide the City with a proposed MOT plan for 64 of 79 176 DocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-351 1530528C4 review. The City may require revisions to the proposed MOT plan . The MOT plan must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the issuance of a stop work order. The Contractor will not be entitled t o additional Contract T:ime fo r delays resulting from its failure to provide the required MOT plan. 11.4. Royalties and Patents. All fees, royalties, and cla i ms for any in vention, o r pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. I 1.5. Substitutions. Substitution of any specified material or equipment requires the prior written acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient information and documentation to the Project Consultant to allow for a thorough review and determination on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the Contractor's responsibility to meet the requirements of the Contract Documents. The City may require an adjustment in price based on any proposed substitution. 11.6. Severe Weather Preparedness. Dur ing such periods of time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has been given notice of same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as non-compensable, excusable delay. I I . 7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act ("ARPA"). T awards that end , the Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Contract Conditions. If compliance with the ARPA Addendum is required, the City shall select this box: □. I 1.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded utilizing funds from the grants listed below (each a "Grant"). Accordingly, the Contractor warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work in accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds, the City shall select this box: □. Grant Title Grant Agreement Exhibit 65 of 79 177 DocuSfgn Envelope ID: 62 4482 AD-DF7B-43C 3-86E6 -3511 530528C4 If the Work will be funded utilizing Grant funds, the City shall select this box:□. I 1.9 . DBE Contract Assurance. I I. 9.1. The City affirms it has encouraged women-owned, mino rity-owned, and disadvantaged businesse s of the Project and be responsive to the opportunity of the award of this Contract. I I. 9.2. Contractor, or any subcontractor performing Work under this Contract, shall not disc r iminate on the basis of r ace, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the ter mination of this Contract or such other remedy as the City deems appropriate. I 1.10. Scrutinized Companies. I 1.10.1 . Contractor ce r tifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately ter minate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontracto r s are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. I 1.10.2. If this Agreement is fo r mor e than one million dollars, the Contractor certifies that it and its subcontr actors ar e also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business ope r ations in Cuba or Syria as identified in Section 287.135, F.S. Pu r suant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contr acto r, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Sc rutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Ira n Petroleum Energy Sector List, or engaged with business operations in Cuba o r Syria during the term of the Agreement. I 1.10.3. The Contractor agrees to obse r ve the above requirements for applicable subcontr acts ente r ed into for the performance of work under this Agreement. I 1.10.4. As provided in Subsection 287.135(8), F.S ., if federal law ceases to authorize the above-stated contra cting prohibitions then they shall become inoperative. 66 of 79 178 DocuSfgn Envelope ID: 624482AD -D F7B-43C3-86E6 -3511530528C4 IN WITNESS WHEREOF, the parties hereto have caused t his Contract to be executed the day and year as first stated above. CITY OF SOUTH MJAMI By: ___________ _ Genaro "Chip" Iglesias City Manager Attest: By:------------ Nkenga "Nikki" Payne , CMC, FCRM City Clerk Approved as to form and legal sufficiency: By: ___________ _ Weiss Serota Helfman Cole & Bierman , P.L. City Attorney Addresses for Notice: Genaro "Chip" Iglesias City of South Miami Attn: City Manage r 61 30 Sunset D r ive South Miami, FL 33143 305-668-2510 (telephone) 305-663-6345 (facsimile) chip@southmiamifl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman , P.L. Attn: Lillian A r ango, Esq. City of South Miami Attorney 2800 Ponce de Leon Bouleva r d, Suite 1200 Cor al Gables, FL 3 3 I 34 la r ango@wsh-law.com (email) 67 of 79 CONTRACTOR By : ___________ _ Name: -------------- Title: -------------- Entity: _____________ _ Addresses for Notice: __________ (telephone) __________ (email) With a copy to: ___________ (telephone) ___________ (email) 179 DocuSfgn Envelope ID : 624482AD-DF7B -43C3-86E6-351 1530528C4 E-VERIFY AFFIDAVIT In accordance with Sect ion 448.095, Flori da Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to ve rify the work authorization status of all newly hired employees . The City will not ente r into a contract unless each party to the contract r eg isters wi t h and uses the E-Verify system . The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E- Verify, please visi t: https://www.e-verify.g:ov/faq/how-do-i-provide-proof-of-my- participationenrollment-in-e-verify By signing below, the contracting entity acknowledges that it has read Section 448 .095, Florida Statutes and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E-Ve rify affidavits from subcontractors . □ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. In the presence of: Signed, sealed and delivered by : W itness # I Print Name: Print Name: -------· ------------ Title: -------------- Witness #2 Print Name: ______ _ Entity Name: __________ _ ACKNOWLEDGMENT State of Florida County of ______ _ The foregoing instrument was acknowl edged before me by means o f □ physical presence or □ online notarization, this __ day of __________ ~ 20_, by ______ _ ______ (name of person) as ______________ (type of authority) for ___________ (name of party on behalf of whom instrument is executed). ___ Personally known to me; or Notar y Public (Print, Stamp, or Type as Commissioned) ___ Produced identification (Type of Identification: _____________ ) ---Did take an oath ; or ___ Did not take an oath 68 of79 180 DocuSfgn Envelope ID: 62 4482AD-DF7B-43C 3-86E6-3511530528C4 NOTICE TO PROCEED Dated: -------~20_ To: Project Name: ______________________________ _ You are hereby notified that the Contract Ti mes under the above Contract will commence to run on ______ , 2023. By that date, you are to start performing your obligations under the Contract Documents. In acco r dance with Article 2 of the Contract, the dates of Substantial Completion and completion and readiness for final payment are _________ , 2023 and _________ , 2023, __ / __ days respectively. Before you may start any Wor k at the site, Article 6 provides that you must deliver to the City ( ___ check here if applicable, with copies to _______ and other identified additional insureds) Certificates of Insu rance in accordance with the Contract Documents. In addition, before you may start any Work at the site, you must: (add any additional requi r ements) CITY OF SOUTH MIAMI By:-------------- Genaro "Chip" Iglesias City Manage r ACCEPTANCE OF NOTICE TO PROCEED INSERT NAME OF CONTRACTOR . By:--------------- Name: _____________ _ Title: _____________ _ Date: _____________ _ 69 of 79 181 DocuSfgn Envelope ID: 624482AD -DF7B-43C3-86E6 -3511530528C4 EXHIBIT A CITY O F SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS RFQ #FN2023-I 5 CONSTRUCT ION PLANS PREPARED BY: KIMLEY HORN 2 Alhambra Plaza Suite 500 Coral Gables, FL 33 134 Ph: 305/6 73-2025 70 of 79 182 DocuSfgn Envelope ID: 62 4482AD-DF7B-43C3-86E6-3511530528C4 EXHIBIT B CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS RFQ #FN2023-I 5 CONTRACTOR PROPOSAL 71 of 79 183 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 ATTACHMENT B DECLARATION/AFFIDAVIT OF REPRESENTATION This Affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff; all individuals who may make a presentation. The Affidavit must be filed by with the City Clerk's office at the t ime the a bid or proposal is submitted to the City. For the purpose of this solicitation only. the members listed for the presentation team, with the exception of any person otherwise required to r egister as a: lobbyist, shall not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this Affidavit or un less he or she is reg istered with the C ity Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees . Pursuant to Section 92.525(2), Florida Statutes, the undersigned, following declaration under penalties of perjury: --------, makes the Listed below are all individuals who may make a presentation on beha lf of the entity that the affiant represents. NAME TITLE Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically , that the persons listed above are the members of the presentation team of the entity listed below. 72 of 79 184 DocuSfgn Envelope ID: 624482AD-D F7B-43C3-86E6 -3511530528C4 ATTACHMENT C "DESIGN PLANS AND CONSTRUCTION SPECIFICATIONS'' Prepared by : Stantec 90 I Ponce de Leon Blvd Sui t e 900 Coral Gables, FL 33134 Ph: 305/445-2900 Fax: 305/445-3344 73 of 79 185·y OF SOUTH MIAMI MUNICIPAL GARAGE ... , l OCATJON MAP SCALE: 1· = 30(1 5829 SW 73rd St South Miami, Florida 33021 DOUBLE TEE FLANGE CONNECTION REPAIRS ~ BID SET SEPTEMBER 27, 2023 PROJECT TEAM O'l'll'JEfl'S_AGENT CITY OF SOUTH Ml.A.Ml COWf'-Cl AURWOJ ~S "E ::.~~~ P-Jll5..tn10T2 ..__ .. Southf Miami THE CITY OF PLEASANT LIVING STRUCTURAL ENGINEER KJMLEY-HORN AND ASSOC IA TES, INC CONlltCf .OCIEI.R:Alill!El PE l~PU,ZA,i5UTE!50II CQJ).M.Cio'alfSFl~).)13,i P:1161Ji71'0i, rlll'ilr.......,~-'-n_,, Sheet List Tobie Sheel Number Sheet Title ---·-,_, ---,---_,vr.r..--..mm C: f ... ,, ~ 0 .t • :c,u L ~. ~ ~Ar~ ~ ~ ... >t!h QJ ••t~ -,~11 E .~ i ~: .., ·-"t • ~ -~. ~ ~ i I I~ lie ~ ~ g J _§_ ~ ., ! 1; i '~I~ :l;1il;lj ;.; ., al ._1 i l!l g;~ tu w I U) 0::: w > 0 () (;~ t« ~Q ~ 20 ~ ~w C ii~ ::,tl "' rW W ~~ [ i!;"' 1:8 u """1(f-NIJUF{li-C-001 ~ .' 186 II) ~ 0 z ~ w z w C) ...J ~ ::, t-u ::, a:: I- ll) ~ ! ~ ~ ~ 3 ~ l i~ go:<( ~ .. ,,~g wi!".t!ctCi• ~~e~ ~ & ! 0 ~ ••i::i ~~ia t • 30~~[ l!~p-• El1;i !~.i;• g~~i ,..ii' !i~ij •·si 0 i~z~~ S310N 7~3N38 lt'f\"IW MJ.flOS :10 i'-UO liQ;j 03HVd3Md 5HIVd3~ NOIJ.:l3 NOO 33.I ,,anoa 30'1il:1~ 1\1'~:'.)INm~ OWIW MJ.flOS .:fO A.J.J:) ,.... 0 0 0 187 ---+- 'v'3c:l'v' >tc:IOM ::10 3d08S dV\J'v'c:I l 73/\3 7 1~v1~ ~-unos :::10 A.1 1':l ~o , □ 3~Vd 3~d S!:lt'l"d3~ NOLL:)3NNO:'.> 331 3lanoa 3~vwg lVdl::MNnVt li"flll~ Hl1lOS ::10 AJJ:l ~ :I t I Sl s ~ ~ i d s ~ H I ~ ~ i i n t ' ~ ~ ~ g " e. '1 D I " 188 If 1~. §~ ti 1i.i ' ~~; d !I !. ---A m I i ' I I .~ d al cc z 0 ~ w (/) A ' f--1 z ~ WI U 1 ~ LL z ~I ~I z s ti] ~ ~I z w :; ~I~ a. z a. w ~I~ ~lii1 ,, ~ z ~ ~ ij u,, C ~ ~ a. w Cl: Z j ~I w ~~1 1; z z ,,, SllVl.30 t!IVd3tl ,~, •' u~ ;~; ~ iwwj :_i lt i' -~~ 'f~ UI . ~ h m h / • ;i l ~ U~ ii ii t 8• !~ ,; u I' ~~ i~! ~~,{ ~Vi !iii J lli't"i I l~VI~ HJno s ~o .Al l:J ~0 ~ 0 3 t.1V d3 ~d S81Vd38 NOl.l.3 3N.NO J 33.l 31 anoo 30'ril:l'lf!I 1'D'di01Nni~ UW IVf 1-U.OClS .:t0 AJ.J:) ~ I' • I p ti i I ti i! di1i~ idfl-i f i J~ j, 'i ·i 1 '1 ' ~. ~! ii t~:;~ i~~l~i ? ! j 189 190 DocuSfgn Envelope ID: 624482AD -DF7B-43C3-86 E6-35 11530528C4 END OF DOCUMENT 79 of 79 191Hlf CITY OF l'I f,\SANT I IVING RFQ #FN2023-15: EMERGENCY GARAGE REPAIRS Received October 13, 2023 by 2:00 PM VENDOR TOTAL LUMP SUM AMOUNT A & D Restoration $45,409.21 Western Specialty $46,212.51 Contractors Structural Preservation NOBID Systems General Caulking NOBID Florida Lemark Corp. NO BID Alen Construction NOBID Skyscraper Construction NOBID ~ aPr~n~ / Signature: _,42:\ ~~ti.. 10/13/23, 3:35 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ADREST…1/2 Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company AD RESTORATION & WATERPROOFING LLC Filing Information L23000032300 NONE 01/18/2023 FL ACTIVE LC AMENDMENT 07/20/2023 NONE Principal Address 8075 NW 104TH CT DORAL, FL 33178 Mailing Address 8075 NW 104TH CT DORAL, FL 33178 Registered Agent Name & Address ORTIZ HERNANDEZ, ALEXANDER 8075 NW 104TH CT DORAL, FL 33178 Name Changed: 07/20/2023 Authorized Person(s) Detail Name & Address Title AMBR ORTIZ HERNANDEZ, ALEXANDER 8075 NW 104TH CT DORAL, FL 33178 Annual Reports No Annual Reports Filed Document Images D C Florida Department of State 192 10/13/23, 3:35 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ADREST…2/2 07/20/2023 -- LC Amendment View image in PDF format 01/18/2023 -- Florida Limited Liability View image in PDF format Florida Department of State, Division of Corporations 193 194 To ; 0 u.., L..~. ~ --~ ......... , t...r,,:. ., Page : 2 of 6 2{)23-07-20 07 :23 :38 PDT LegalZoom.com, Inc. Note: Please print this pa~e and use it us a CO\'cr sheet. Type the fax audit number (shown he low) on the top and bottom of al I pages of the document (((H23000253466 3 ))) I lllllll llll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll llllll lllll 11111111111111111 H230002534653.il.8( • Note: 00 NOT hit lhe R F.FRESH/R El ,OAD huuon on your browser from this page . Doing so wiH generate anoLhcr cover sheet. To: Division of Corporations Fax Number (850)617-6383 -, . From: Account Name LEGALZOOM.COM JNC. Account Number I20010000062 Phone (323)962-8600 Fax Number (323)389-0502 --- ••Enter the email address for this business entity to be used for future annual report mailings . Enler only one email address please.•• Email Address: ··-----.-----··--------· --··---------------------- LLC MlND/RESTATE/CORRECT ORM/MG RESIGN AD RESTO RA TIO!\ & \\'ATF.RPROOFING LLC !Certificate of Status----··· ---~-.. ~ .. II [certified Copy-·----··-·-·--········-.. IL !Page Cuu~t 71 -- 1§_s~~ma_~~~ S:_EatJ~e __ . ··• --~·. ... .. . _![ Electronic Filing Menu Corporate Filing Menu 0 I J ' ' ' 07 ! I $55.00 i Help K. SALY JUL 2 0 LUl3 https:J/eflle .sunblz.or9'scnptslemcovr.exe From : Laura Rodi 195 To : Pege : 3 of 6 2023-07 -20 07:28:38 PDT Lega lZoom .com, Inc. TO: Registration Section l>h·i~ion of Corporations COVER LETTER AD RE.'ffORATION & WATH~l'HOOFINCi 1.1.C SUBJECT: ___________________________ _ The enclosed Articles of Amendment and fe e(~) :ire submitt~J for filing. Please return nil correspondence concerning thi s maucr 10 rhc following : Cheyenne Mn~clcy LcgaJ7.0om.com. lm:. Fir111 /Co111j\a11 y 101 N Rr.inr..l Bl•·t..l 111h Fl ,\ddrc~s Glendal e . CA 9120 .\ City/S1a1c a.11d i'.ip Cc.,k akxoh6 I O@gmail .com E•11ta1I aJJrc ~s : (<u Ile u~i:d for r'utun: u1 1r1 11.1l rcporl notification) For further infonnaliun concerning thb milttt:r , pk,N ' call : Cheyenne Mo seley 800 77 .•-0RSS ----------------------~I( ___ ~-------------- Name of Person Enclosed is a check for thc: following amount: D $25.00 Filing Fee 0 SJ0.00 Filing Fee & Certificate uf Slalll~ MAILING Al11lRESS: Rcgistratioa Section Di vision of Corporations P.O. Box 6J2i Tallahassee, FL 32314 1\rco Cud;: Dnr:imc Telephone Number !!i S:-5 .00 Fiiing Fee & Cl'nilied Co;,y (ad<lition,I ,:,,r,y i, rn;,:11,-:.:c l □ S60 .00 Filing Fee , Certificate of Status & Certified Copy (AJdili011~l 1,>,py i~ cnd~J) STREETiCOURIER ADDRESS: Rcgi~tr,11iu11 Section Di vision or Corporations Clifwn lh:ilding 266 I Sxccutive Center Circle Tnlln h:-!SSCC, 1:1, 32301 From : Laure Rodi 196 To: Pege: 4 of 6 2023-07-20 07.29:38 P01 LegalZoom.c.:m. Inc . ARTICLES OF AMENDMENT TO ARTtCLES OF ORGANlZATION OF AD RF:~TORATION & WATERPROOFING I.I.C N1mr oftht> Limit~ti tnr, on our reronk (,\ . . .·) From: Ll!lure Rodi The Articles of Organization for this Limi1ed I .iabili1y Company w\!rr fikd un _0_1_1_13_12_0_2_3 _______ and assigned Florida document nurnber L2}0000.1BOO ----------- This amendment is submitted to amend the following: A. If amending name, enter the new name of the limited li:1hilih' {'ompanv here: The new name mus! he (fotingui~hahl~ and contain 1hc \\Nci, ·•r .imitcd I .i :,hiliry C:nmp:iny." rhc designntion ·•u .c · or the Rhhreviation "I_ l,.C.'' Enter new principal offices address, if applicahle: (Prindmtl offke ,uldress MUST BE A STREET ADDRl:"SSJ Enter new m.ailin~ address, if applicable: (Mailing address M4 Y BE A POST OFFICE IWX) 0. If amending the registered agenl and/or regi~tci-cd officl' ad1lrc.~s on our records, enter the name of the new rygistel"('d agent 1rnd/or the nt>w n-gisterL•d u!Tin: :iddrcss hrrc: Name of New Registered Agl!nl: .4.fex.:indcr Ortiz Hernamk,. New Regi~ter(.'.d Otljce Address: 8075 NW 1041h Ct. Doral .. Florida :n 178 ------------------------l.ipCodll New Regi:<>lert'ti Ag~nl's ~ignalure, ifrh:inging R1,:i,rrrr1I ,\1;rnl: I hereby acc.:epr the appuinrmenl as regiswred ogem om/ agree to ocl in this capacity. I further agree 10 comply wi1h the provisions of all statutes relative ro the propt!r and complete pc1forma11cc of my dudes, and I am familiar with and accept the obligations of my position as-registered uge11t as pmvidcd Ji,r in Chnpler fi05, F.S Or, if this dncumenf is beinifiled to merely reflect a ,'hanRe in the re~istered ci/Jicc address. I hereby confirm rhul 1he limiled /iubilify company has been notified in writing of this change . l'agc 1 of .l 197 To: Page : 5 of 6 2023 -07 -2 0 07:23:38 PDT LagolZoom.com, Inc. From : Laura Rodr Ir.a111emJing _Autho.-i:.ted Per:wu(s) authoriull to manage, entc1· the title, name, and addr~ of each person being added or removed from our records: MGR= Managt'r AMBR "" Authorized Member Title AMBR ALEXANDER ORTIZ AMBR ALEXANDER ORTIZ HERNANDEZ Add res.~ Type of Action ____________ □ Add 8075 NW 104TH CT _D_O_R_A_L_._F_L_3_3_1_7_8 ________ ■ Remove _________________ □ Change 8075 NW 104 TH CT _O_O_R_A_L_, _F_L _33_1_7_8 ________ ■ Add -----------------□ Remove -----------------□ Change ---------------□ Add ________________ 0 .Add --.,.. ~ ~- -----------------□ Remove -----·------------□ Change ____________ □ Add -----------------□ Remove -------------"------□ Change ________________ □ Add ------------□ Remove -----------------□ Change Page 2 of J 198 To: P11ge 6 of 6 ~023-07 -20 07:28 :38 PC, LegelZoom.com , Inc . D. If llmending any other information, enter d1ange(s) hcrt!: (Afl(/(.:Ji utlditimral .,heels, if nect::s:.ciry•.) r.. F.ffecliYe fiate, if other th:111 the dah: nf filing: ______________ (optional) --• From : Laura Rodr .r:. {..' (I fan cffcc1ivi: !late is li~1ell. Lht: da1c mus, l'x-sped fie ,mil cannot he rr iur l!• Lfa;e "' rt1i ,1g ,,r mr,re 1hnr1 90 day, alter liling) 1'11r~11n111 to f,05.0207 (:l)(h) Note: If the date insened in this block docs noi meet the applicable srnluto ry lilin,t! requirements , this date will not be listed as the documc111 's effective date on the Department or Stat e 's records . If the record specifies a delayed effective date , but not an efiective time, at 12 :01 a .m. on the earlier of : (b) The 90th day a~er the record 1s filed . Ah.-.\andcr Ortiz Hernandez T y pe d or printed r.amc ot ~1gncc Filing Fee: s2::;.00 CONTRACT FOR CONSTRUCTION CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS THISCONTRACTFORCONSTRUCTION 16 dayof 2023 CITY OF SOUTH MIAMI, FLORIDA, a Florida City AD RESTORATON & WATERPROFFING, LLC (the WHEREAS, the City issued A Request for Quote No. FN2023-15 RFQ for construction of the City of South Miami Municipal Parking Garage at 5829 SW 73 rd Street, South Miami, FL 33143 RFQ is incorporated herein by reference and made a part hereof as ;and WHEREAS,in response to the City RFQ, the Contractor submitted a bid for the Project as B and WHEREAS, Contractor submitted the lowest, responsive and responsible bid, and was able to mobilize in an expedited manner to complete the emergency repairs, in the amount of $45,409.21 in response to the RFQ and was selected and awarded this Contract pursuant to retroactive Resolution No. TBD for performance of the Work (as hereinafter defined); and WHEREAS, Contractor has represented to the City that it possesses the necessary qualifications, experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the terms and conditions set forth in this Contract. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Contractor and the City agree as follows: 1. SCOPE OF WORK 1.1. Scope of Work.Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the work described in the Contract approved plans, drawings and/or specifications prepared by Kimley Horn attached hereto as C and any other documents incorporated herein by reference and made a part of this Contract for the following Project: CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS 1.2. Pre-Construction Conference.Within fourteen (14) calendar days after this Contract is executed by both parties, and before any Work has commenced,a pre-construction conference will be held between the City, the Contractor, and the Project Consultant. The Contractormustsubmititsprojectscheduleandscheduleof values,ifapplicable, priortothis conference. 199 1.3. Project Schedule.Contractor must submit a proposed Project Schedule as follows: 1.3.1.Schedule must identify the schedule for each location comprising the Project. The proposed Project schedule must be submitted within ten (10)calendar days from the date this Contract is executed by both parties for the review and approval of the Project Consultant or City as applicable. This initial schedule shall establish the baseline schedule for the Project. 1.3.2.All updates of schedules must be tracked against the baseline schedule and must be at a minimum submitted with each pay application. An updated schedule tracked against the baseline must also be submitted upon execution of each Change Order that impacts the Contract Time. Failure to submit such schedules will result in the rejection of any submitted payment application. 1.3.3.All Project Schedules must be prepared in Microsoft Project or approved equal by the City. At the time of submission of schedules, Contractor must submit a hard copy as well as an electronic version. Electronic versions must not be submitted in a .pdf format. 1.4. Records. 1.4.1. As-Built Drawings. During the Work, Contractor must maintain records of all deviations from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibilityoftheContractortochecktheAs-Built Drawings forerrors andomissionsprior to submittal to theCity and to certifyin writing thattheAs-BuiltRecord Drawings arecorrect and accurate, including the actual location of all infrastructure, internal piping, and electrical/signalconduitsinorbelowtheconcretefloor(indicatingthesize,depth,andvoltage in each conduit). To record actual construction, Contractor must legibly mark on-site structures and site Work as follows: 1.4.1.1. Depths of various elements of foundation in relation to finish first floor datum. 1.4.1.2. All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. Actual installed pipe material, class, etc. 1.4.1.3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. 1.4.1.4. Field changes in dimensions and details. 1.4.1.5. 1.4.1.6. Details not on original Contract Drawings. 1.4.1.7. Equipment, conduit, electrical panel locations. 1.4.1.8. drawings. 1.4.1.9. Specifications and Addenda: Legibly mark each section to record: 200 1.4.1.9.1. Manufacturer,tradename,catalognumberandSupplierofeachproductand item of equipment actually installed. 1.4.1.9.2. Order. 1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical system and instrumentation system. 1.4.1.10.1. As-built documents must be updated monthly as a condition precedent to payment. A final survey signed and sealed by asurveyor must be provided to the City at no additional cost, including digital l (CAD and PDF) versions. 1.4.1.10.2. For construction of new building, or building additions, field improvements, and or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed Registered Land Surveyor. 1.4.2. Record Set. Contractor must maintain in a safe place one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments, COs, RFIs, and field directives, as well as all written interpretations and clarifications issued by the Project Consultant, in good order and annotated to show all changes made during construction. The record documents must be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from COs and/or field directives as well as all written interpretations and clarifications, and all concealed and buried installationsofpiping,conduitandutilityservices.Contractormustcertifytheaccuracyofthe updated record documents. The record documents must be clean, and all changes, corrections and dimensions must be given in a neat and legible manner in red. Upon Final Completion be delivered to the Project Consultant by the Contractor. The Record Set of Drawing must be submitted in both hard copy and as electronic plot files. 1.4.3. Construction Photographs.Prior to commencement of the Work the Contractor must takedigitalphotographsand coloraudio-video recordingto document existingconditions and submit copies in an acceptable format to the City. Contractor must submit with each application for payment photographs that accurately reflect the progress of all aspects of the Work. The number of photographs to be taken will be based on the magnitude of the Work being performed. Contractor must submit one copy of each photograph in print and digitally. The ph weight color photographic print paper or in a format acceptable to the City. Each photograph must be imprinted on its face with the title of the Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg format and will be submitted through a file-sharing site (such as Dropbox) or on a CD-ROM or flash drive clearly identifying the nameoftheProject, thenameoftheContractor, and thetimeframein which thepictures were taken. Initial set up prints will be submitted in a three-ring binder with each picture protected by aclearplasticsleeve. Subsequent prints areto besubmitted in clearplasticsleeves that can be added to the binder. The three-ring binder must be of such size to be able to hold all print pictures. 1.5. Staging Site. 201 1.5.1.The Contractoris solely responsibleformaking allarrangements forany staging site(s) that may be necessary for the performance of the Work and the Contractor is responsible for all site security, including any fencing of the site, and any loss, damage or theft to its equipment and materials. Any fencing of the Staging Site is subject to the prior written approval of the City. 1.5.2.The City at its sole discretion may make a staging site available for use by the Contractor. If such site is made available by the City, the City assumes no responsibility or liability for the equipment or materials stored on the site,and the Contractor will be solely responsible for any loss, damage or theft to its equipment and materials. The Contractor must restore the site to its pre- 1.5.3.TheContractormayberequiredtoprovideormay choosetouse anofficetrailerforthe duration of the Project. The Contractor must have the prior written approval of the City as to the use of any office trailer and the placement location for the office trailer. The Contractor must obtain all required permits from the appropriate regulatory agencies. 1.5.4.No parking is permitted at a City provided staging site without the prior written approval of the City. 1.6. PurchaseandDelivery,StorageandInstallation.AllmaterialsmustbeF.O.B.deliveredand included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading andinstallation ofall equipment and material(s). Contractormustmakeallarrangement for delivery. Contractoris liable for replacing any damaged equipment or material(s) and filing any and all claims with suppliers. All transportation must comply with all federal, state (including FDOT), Miami-Dade County, and local laws, rules and regulations. No materials will be stored on- site without the prior written approval of the City. 1.7. Approval of Subcontractors.For any scope of work that the Contractor will utilize a subcontractor, the Contractor may only retain or utilize the services of the particular subcontractor with the prior written approval of the City Manager, which approval may be granted or withheld in the City days notice to the City Manager and the Project Consultant of its intent to retain or utilize a subcontractor. 1.8. Project Signage.Contractor must furnish and install two (2)Project signs at the Project Site in accordance with the requirements provided by the Project Consultant or the City as applicable. 2. CONTRACT TIME 2.1.Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed providing a commencement date and issued by the City Manager or designee. The Notice to Proceed will not be issued until Contractor's submission to City of all required documents and after execution of this Contract. 2.2.TimeisoftheessencethroughoutthisContract. TheContractorshallprosecutetheWork with faithfulness and diligence and the Work shall be substantially completed within forty-five (45) .Substantial Completion shall be defined for this purpose as the date on which City receives beneficial use of the Project.The Work shall be fully completed in accordance with the Contract Documents within forty-five (45) 202 The Final Completion date is defined as the date determined by the City when all Work, including punch list items, has been completed in accordance with the Contract Documents and Contractor has delivered to City all documentation required herein. 2.3.Upon failure of Contractor to substantially complete the Work as defined in this Agreement within the Contract Time, Contractor shall pay to City the sum of $980.00 FOR SUBSTANTIAL COMPLETION LIQUIDATED DAMAGES for each calendar day after the expiration of the Contract Time that the Contractor fails to achieve Substantial Completion up until the date that the ContractorachievesSubstantialCompletion.Uponfailure ofContractortofullycompletetheWork and achieve Final Completion within the Final Completion Time, Contractor shall pay to City the sum of $980.00 FOR FINAL COMPLETION LIQUIDATED DAMAGES for each calendar day after expiration of the Final Completion Time that the Contractor fails to achieve Final Completionupuntilthedatethat theContractorachieves FinalCompletion. Theseamounts arenot penalties but are liquidated damages payable by Contractor to City for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages are hereby fixed and agreed upon between theparties who hereby acknowledge the difficulty ofdetermining the amount of damages that will be sustained by City Contractor to complete the Work on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 2.4.City is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. In case the liquidated damage amount dueto City by Contractor exceeds monies dueContractorfrom City, Contractorshall beliable and shallimmediately upondemandby City pay to City the amount of said excess. 3. CONTRACT PRICE AND PAYMENT PROCEDURES 3.1. Guaranteed Maximum Price.The City shall pay the Contractor an amount not to exceed $45,409.21 for the performance of the Work in accordance with the line items and unit prices included in Exhibit B TheContract Price shall befull compensation for all services, labor, materials, equipment, and costs, including overhead and profit, associated with completion of all the Work in full conformity with the Contract Documents and adjusted only by written change orders signed by both parties and approved as required by local law. The Contract Price shall include all applicable sales taxes as required by law. 3.2. Schedule of Values.The Contractor must submit two copies of schedule of values within ten (10) calendar days from the date this Contract is executed by both parties. The schedule of values shall indicate a complete breakdown of labor and material of all categories of Work on must be identified with the number and title of the major specification section or major components of the items. The Project Consultant or City as applicable may require further City reserves the right to require such information from the Contractor as may be necessary to determine the accuracy of the schedule of values. The combined total value for mobilization under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Schedule of Values must be incorporated application form. The Contractor guarantees that each individual lineitem contained in the scheduleofvaluessubmitted as part ofacompetitivesolicitation shall not be increased without written approval by the City Manager. 203 3.3. Payment Application Procedures.City shall make progress payments, deducting the amount from the Contract Price above on the basis of or before twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the City shall be within twenty (20) days after receipt of the Pay Application. Any rejection shall specify the applicable deficiency and necessary corrective action. Any undisputed portion shallbepaidasspecified above.Allsuchpaymentswillbemadein accordancewiththeSchedule of Values established in the Contract Documents or, in the event there is no Schedule of Values, as otherwise provided in the Contract Documents. In the event the Contract Documents do not provide a Schedule of Values or other payment schedule, Applications for Payment shall be submitted monthly by Contractor on or before the 10 th of each month for the prior month to the Project Consultant. Progress payments shall be made in an amount equal to the percentage of Work completed as determined by the City or City the aggregate of payments previously made and less such amounts as City shall determine or City may withhold taking into account the aggregate of payments made and the percentage of Project completion in accordance with the Contract Documents and Schedule of Values, if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or Cityuntilfinalcompletionandacceptance of the Work by City. In the event there is a dispute between Contractor and City concerning a Pay Application, dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the disputed Payment Application. The City shall reach a conclusion within 15 days thereafter and promptly notify Contractor of the outcome, including payment, if applicable. 3.4. Progress Payment Applications.Each progress payment application submitted to the City must include: 3.4.1.A sworn and certified progress payment affidavit indicating that all laborers, material suppliers, and subcontractors dealing with the Contractor were paid in full as it relates to all Work performed up to the time of the request for payment; 3.4.2.Partial conditional releases or waivers of lien by the Contractor, material suppliers, subcontractors, and any lienors serving a Notice to the City and evidence of proof of payment of any indebtedness incurred with respect to the Work of the Contractor as may be required by the City; 3.4.3.Evidence that all Work was fully performed as required by the Contract Documents up to the time of the request for payment and that the Work was inspected and accepted by the City and any other governmental authorities required to inspect the Work; and 3.4.4.An updated Project schedule, including a two-week look-ahead schedule, as approved in writing by the City Manager. 3.4.5.All Buy-Out Savings, including supporting documentation relating to the calculation of the Buy-Out Savings. 3.5. Final Payment.Upon Final Completion of the Work by Contractor in accordance with the Contract Documents and acceptance by the City, and upon receipt of consent by any surety, City 204 shall pay the remainder of the Contract Price (including Retainage) as recommended by the City ng Official. Final payment is contingent upon receipt by City from Contractor of: 3.5.1.Anaffidavitthatpayrolls,billsformaterials,equipment,andotherindebtednesswere paid in full as it relates to all Work performed under this Contract; 3.5.2.A certificate evidencing that insurance required by the Contract Documents shall remain in effect after final payment is made; 3.5.3.A written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents; 3.5.4.Documentation of any special warranties, including, but not limited to, any 3.5.5.Evidence that all Punch List items have been fully completed to the satisfaction of the City; 3.5.6.All previously undelivered manufacturerand subcontractorguarantees, warranties, and manuals and documents required by the Contract Documents; 3.5.7.Final releases of lien, waivers of claim, satisfactions of liens or claims, and such other affidavits as may be reasonably required by the City to assure a lien-free and claim-free completion of the Work; 3.5.8.Evidence that the Contractor has fully cleaned and restored the site, including removal of all rubbish and debris; 3.5.9.At least one complete set of as-built plans, reflecting an accurate depiction of ; 3.5.10..Such other documents necessary to show that the Contractor has complied with all other requirements of the Contract Documents; and 3.5.11.Cost Savings, including supporting documentationused to calculatetheCostSavings. 3.6. Payment Withholding.The City may withhold any payment, including a final payment, for application to such extent as may be necessary, as determined by the City Project Consultant, to protect the City from loss for which the Contractor is responsible in the event that: 3.6.1.The Contractor performs defective Work and such Work has not been corrected, provided that the amount withheld shall be limited to the amount sufficient to cover such defective Work; 3.6.2.A third-party files a claim or lien in connection with the Work or this Contract; 3.6.3.TheContractorfailstomakepaymentsproperlytosubcontractorsorsuppliersforlabor, materials, or equipment which has been paid by the City, provided that the amount withheld 205 shallbelimitedtotheamountsufficientto coversuch paymentstosubcontractors orsuppliers for labor, materials, or equipment; 3.6.4.The City has reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 3.6.5.The Contractor, its employees, subcontractors, or agents have damaged the City; 3.6.6.The City has reasonable evidence that the Work will not be completed within the ContractTimeandthattheunpaidbalancewouldnotbeadequatetocoverliquidateddamages for the anticipated delay; 3.6.7.The Contractor has failed to progress the Work satisfactorily and/or according to the Contract Schedule; 3.6.8.The Contractor has failed to carry out the Work in accordance with the Contract Documents; 3.6.9.The Contractor has failed to provide requisite releases of lien for each payment application in accordance with the Contract Documents; and/or 3.6.10.Any other failure to perform a material obligation contained in the Contract Documents. 3.7. No Waiver of City Rights.The payment of any Application for Payment by the City, including the final request for payment, does not constitute approval or acceptance by the City of any item of the Work reflected in such Application for Payment, nor shall it be construed as a waiver of any of the City n equity. 3.8. Payment to Sub-Contractors; Certification of Payment to Subcontractors.The term incorporated into or to be incorporated into the Work or Project. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts as a condition precedent to payment to Contractor by the City. The Contractor shall also return all retainage withheld to the subcontractorswithin30da by the City. 3.9. Cost Savings and Value Engineering. 3.9.1. CostSavings.In theevent theContractorrebids orrenegotiates with any subcontractor to reduce subcontractor costs for the performance of the Work, then the difference between (i) the sum of the subcontractor costs used to establish the Contract Price, as set forth in the Schedule of Values, and (ii) the sum of the revised subcontractor costs, including any early paymentorsimilardiscounts , shall revert to theCity.TheContractPrice shall be adjusted in accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised to reflect the new Contract Price. 3.9.2. Value Engineering.Contractor shall participate in Value Engineering the Contract Documents with the City and the Architect with the goal of finding acceptable means for 206 reducing the cost of the Work. Upon acceptance by the City of recommendation for Value Engineering, the Contract Documents shall be modified to reflect such changes. All savings in connection with Value Engineering of the Work shall revert to City. 4. CONTRACT DOCUMENTS 4.1.The Contract Documents, which comprise the entire agreement between the City and the Contractor concerning the Work, consist of this Contract for Construction (including any change orders and amendments thereto), the Plans and Specifications (the Technical Specifications , the RFQ and any Bidding Documents or procurement - Pricing) attached hereto as , the Bonds (defined herein), Insurance Certificates, the Notice of Award, and the Notice to Proceed, all of which are deemed incorporated into and made a part of this Contract by this reference and govern this Project. 4.2.This Contract incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these Contract Documents that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.3.The Contract Documents shall remain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; however in no circumstances shall the Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the City's prior written authorization. 4.4. Conflicts; Order of Priority. or attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved in the following order of priorities and the more stringent criteria for performance of the Work shall apply: 4.4.1.First Priority: Change Orders with later date taking precedence; 4.4.2.Second Priority: This Base Agreement; 4.4.3.Third Priority:; 4.4.4.Fourth Priority: 4.4.5.Fifth Priority: Contract Documents, excluding this Base Agreement and Exhibits listed in this Section. 5. INDEMNIFICATION 5.1.To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its officers, agents, consultants, and employees, from and against any and all demands, claims, losses, expenses, suits, liabilities, causes of action, judgment or damages, including but not limited to legal fees and costs and through appeal, arising out of, related to, resulting from,negligence, performance or non-performance 207 of this Contract,, or the Work related to the Contract, including but not limited to by reason of any damage to property, or bodily injury or death incurred or sustained by any person, or to injury to or destruction of tangible property or any other property (other than the Work itself) including the loss of use resulting therefrom, caused in whole or in part by any willful, wanton, or negligent, or grossly negligent acts or omissions of Contractor, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by applicable law and regardless of the negligence of any such party.. Additionally, the Contractor shall defend, indemnify, and hold the City harmless from all losses, injuries or damages and wages or overtime compensation due its employees in rendering services pursuant to this Contract,including payment of reasonable e of any claim made under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act or any other compensation claims under federal, state, or local law. 5.2.The provisions of this section shall survive termination of this Contract. 6. INSURANCE AND BONDS 6.1. Insurance. 6.1.1.Contractor shall secure and maintain throughout the duration of this Contract insurance of such types and in such amounts not less than those specified below as satisfactory to the City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by Bests Rating and qualified to do business in the State of Florida. Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured, no later than ten (10) days after award of this Contract and prior to the execution of this Contract by City and prior to commencing any Work. Each certificate shall include nolessthan(30)thirty-dayadvancewrittennoticetoCitypriortocancellation,termination, ormaterial alteration of said policiesor insurance. Theinsurance coverage shall beprimary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of The insurance coverages shall include at a minimum the amounts set forth in this Section 6.1. 6.1.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit (except for Products/Completed Operations) shall be in the amount of $2,000,000. 6.1.1.2. employees for statutory limits as required by applicable State and Federal laws. The each accident. No employee, subcontractor or agent of the Contractor shall be allowed 208 Compensation insurance. In order for this requirement to be waived, Contractor must provide proof of exemption from such laws. Information regarding eligibility for an https://www.myfloridacfo.com/Division/wc/PublicationsFormsManualsReports/Broc hures/Key-Coverage-and-Eligibility.pdf. Exemptions may be applied for online through the Florida Department of Financial https://www.myfloridacfo.com/Division/wc/Employer/Exemptions/default.htm. 6.1.1.3. Business Automobile Liability with minimum limits of $1,000,000 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business AutomobileLiabilitypolicy, without restrictive endorsements, as filed by theInsurance Services Office, and must include Owned, Hired, and Non-Owned Vehicles. 6.1.1.4.erty insurance upon the entire Work to the full replacement cost value thereof. This insurance shall include the interest of City and Contractor and shall provide All-Risk coverage against loss by physical damage including, but not limited to, Fire, Extended Coverage, Theft, Vandalism and Malicious Mischief.If l select this box:. 6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any portion of the Work damaged, destroyed, lost or stolen until Final Completion has been achieved for the Project, and all such Work shall be fully restored by the Contractor, at its sole cost and expense, in accordance with the Contract Documents. 6.1.2. Certificate of Insurance.On or before the Effective Date of this Contract, the Contractor shall provide the City with Certificates of Insurance for all required policies. The Contractor shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Contract, including any extensions or renewals that may be granted by the City. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Contract and shall state that such insurance is as required by this Contract. The City reserves the right to inspect and return a certified copy of such policies, upon written request by the City. If a policy is due to expire prior to the completion of theWork, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the City. 209 6.1.2.1.Additional Insured.The City is to be specifically included as an Additional Insured for the liability of the City resulting from Work performed by or on behalf of the Contractor in performance of this Contract. including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute to the Contracto severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 6.1.2.2.Deductibles.All deductibles or self-insured retentions must be declared to and be reasonably approved by the City. The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 6.1.3.The provisions of this section shall survive termination of this Contract. 6.2. Bonds.Prior to performing any portion of the Work the Contractor shall deliver to City the Bonds required to be provided by Contractor hereunder (the bonds referenced in this Section are 255.05, Florida Statutes, the Contractor shall obtain and thereafter at all times during the performance of the Work maintain a separate performance bond and labor and material payment bond for the Work, each in an amount equal to one hundred percent (100%) of the Contract Price and each in the form provided in the Contract Documents or in other form satisfactory to and approved in writing by City and executed by a surety of recognized standing with a rating of B plus or better for bonds up to Two Million Dollars. The surety providing such Bonds must be licensed, authorized and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting the Scope of the Work, the Contract Price, Contract Time or any of the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be ach applicable bond shall be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations, the Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety,allofwhichmustbesatisfactoryto City.AsauthorizedbySection255.05(1)(a),Florida Statutes, if this Project is exempt from posting of a payment and performance bond, the City shall select this box:. 7. 7.1.In order to induce the City to enter into this Contract, the Contractor makes the following representations and warranties: 7.1.1.Contractor represents the following: 7.1.1.1. Contractor has examined and carefully studied the Contract Documents and the other data identified in the bidding documents, including,without limitation, the 210 7.1.1.2. Contractor has visited the Project site and become familiar with and is satisfied as to the general and local conditions and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.1.1.3. Contractor is familiar with and is satisfied as to all federal, state and local laws, regulations and permits that may affect cost, progress, performance and furnishing of the Work. Contractor agrees that it will at all times comply with all requirements of the foregoing laws, regulations and permits. 7.1.1.4. Contractor has made, or caused to be made, examinations, investigations, tests and/or studies as necessary to determine surface and subsurface conditions at or on the site. Contractor acknowledges that the City does not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground or ground facilities at, contiguous or near the site or for existing improvements at or near the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities and improvements) at, contiguous or near to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.1.1.5. Contractor is aware of the general nature of Work to be performed by the City and others at the site that relates to the Work as indicated in the Contract Documents. 7.1.1.6. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.1.1.7. Contractor has given City written notice of all conflicts, errors, ambiguities or discrepanciesthatContractorhas discovered in the Contract Documents and the written resolution thereof by City is acceptable to Contactor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications and skills to perform the Work and that the Work shall be executed in a good and workmanlike manner, free from defects, and that all materials shall be new and approved by or acceptable to City, except as otherwise expressly provided for in the Contract Documents. The Contractor shall cause all materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project. 7.2. No recovery for changed market conditions. 211 7.2.1.In enteringintotheContract,Contractorrepresentsandwarrantsthatithas accounted for any and all inflation-related events, recession, labor or material shortages, supply chain disruptions, delivery lead time, or price increases that may be caused by local and or national conditions, whether known or unknown at the time of entering into the Contract has considered all impacts and potential impacts, including any current and future supply chain disruptions and labor shortages, associated with the following events: (1) worldwide pandemics including, but not limited to, COVID- raine requirements for procurement, installation, and construction completion, Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and Contract Sum. 7.2.2.Contractor shall not seek any price increases or time extensions relating to or arising from the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict. 7.2.3.The City shall not make any adjustment in the Contract Sum or grant an extension to the Contract Time in connection with any failure by the Contractor to comply with the requirements of this Section. 7.3.Contractor warrants the following: 7.3.1. Anti-Discrimination.Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Contract because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and agrees to abide by all federal and state laws regarding non-discrimination. 7.3.2. Anti-Kickback.Contractor warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the City has any interest, financially or otherwise, in the Project. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 7.3.3. Licensing.Contractor represents that it is a properly qualified and licensed contractor in good standing within the jurisdiction within which the Project is located. Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required licenses from the federal, state, Miami-Dade County, City, or other governmental or regulatory entity. Contractor acknowledges that it is the obligation of Contractor to obtain all licenses required for this Project, including City building permits. Prior to commencement of the Work, the Contractor shall provide the City with copies of all required licenses. 212 7.3.4. Permits.Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required permits from the federal, state, Miami-Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that are necessary to perform the Work. Contractor acknowledges thatitistheobligationofContractortoobtainallpermits requiredforthisProject,including City building permits. Prior to commencement of the Work, the Contractor shall provide the City with copies of all required permits. City building permit fees may be waived for this Project. If permits are required by any other governing body or agency, the Contractor shall be obligated to pay the fees. 7.4. Defective Work; Warranty and Guarantee. 7.4.1.City shall have the authority to reject or disapprove Work which the City finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or removesuch defectiveWork and replaceit with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 7.4.2.Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City or its designee, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 7.4.3.The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment furnished and Work performed for a period of three (3) years from the date of Substantial Completion. If, within three (3) years after the date ofsubstantial completion, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City. Should the manufacturer of any materials and equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty to the City prior to Final Completion. Nothing containedhereinshallbeconstruedtoestablishaperiodof limitationwithrespecttoanyother obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Contractor shall provide and assign to City all material and equipment warranties upon completion of the Work hereunder. 7.4.4.Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 8. DEFAULT, TERMINATION, AND SUSPENSION; REMEDIES 8.1. Termination for Cause.If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to ensure the prompt completion oftheWork within theContract TimeorFinal Completion Timeasspecifiedin Section 2, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinuetheprosecution ofthe Work pursuant to theaccepted schedule oriftheContractor 213 shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon seven (7) days after sending Contractor a written Notice of Termination, terminate the services of Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work, appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable, and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive anyfurtherpaymentuntiltheProjectiscompleted.Alldamages,costsandchargesincurredbyCity, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed monies dueContractorfrom City,Contractorshallbeliable and shallpaytoCitytheamount ofsaid excess promptly upon demand therefore by City. In the event it is adjudicated that City was not entitled to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed terminated by City for convenience as described below. 8.2. Termination for Convenience.This Contract may be terminated by the City for convenience upon seven (7) a termination, the Contractor shall incur no further obligations in connection with the Project and shall, to the extent possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly submit to the City its Application for Payment for final payment which shall comply with the provisions of the Contract Documents. 8.3. Suspension of Contract.This Contract may be suspended for convenience by the City upon connection with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to additional Contract Time as a non-compensable, excusable delay. 8.4. Termination Due to Lack of Funding.This Contract is subject to the conditions precedent that: (i) City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price; (ii) the City secures and obtains any necessary proceeds, grants, and/orloans forthe accomplishment of the Work and/or the Project pursuant to any borrowing legislation adopted by the City Council relative to the Project; and (iii) City Council enacts legislation which awards and authorizes the execution of this Contract if such is required. 8.5. No Damages for Delay.No claim for damages or any claim, other than for an extension of time shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance fromanycausewhatsoever,whethersuchdelay,disruption,interferenceorhindrancebereasonable orunreasonable,foreseeableorunforeseeable,oravoidableorunavoidableorwhetherornotcaused by City. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. 8.6. WaiverofConsequentialDamages.Contractorassumesallrisksforthefollowingitems,none ofwhichshallbethesubjectofanyChangeOrderorClaimandnoneofwhichshallbecompensated 214 Contract Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare, negotiate or prosecute Claims, and loss of projects not bid upon, or any otherindirect andconsequential costsnot listedherein. No compensationshallbemadeforloss of anticipated profits from any deleted Work. 8.7. Litigation of Claims.Mediation shall not be required before either party may proceed to litigation. 8.8. Rights and Remedies.The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder and in accordance with this Contract shall be in addition to and not a limitation of any duties, obligations,rights and remedies otherwise imposed or available by law. 9. CHANGES IN THE WORK 9.1. Change Orders. 9.1.1.Without invalidating the Contract Documents, and without notice to any Surety, the City reserves the right to make increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete the Work in a manner satisfactory to the City. The City reserves the right to order changes, which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract, and which are within the general scope of the approved in advance, and issued in accordance with provisions of the Contract Documents. 9.1.2.For Contractorinitiated change orders, theContractor is required to provide the Project City, whichmust includetherequested revisions totheContract,including, but not limitedto, adjustments in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting documentation to demonstratethe reasonableness of the RCO. The City may require Contractor to provide additional data including, but not limited to, a cost breakdown of material costs, labor costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable, the RCO must include any schedule revisions accompanied by an explanation of the cost impact of the proposed change. Failure that the changes included in an RCO will not affect the project schedule. 9.1.3.Any modifications to the Contract Work, Contract Time, or Contract Price, must be effectuated through a written CO executed by both parties and, if required by the City Code of Ordinances, approved by the City Council. 9.1.4.In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to proceed on a time and materials basis or make such arrangements as may be deemed necessaryto completetheproposed additional Work attheunitpricesprovided inthe ContractDocuments.WheretheCitydirectstheContractortoproceedonatimeandmaterials basis, the City shall impose a maximum not-to-exceed amount and the Contractor must 215 maintain detailed records of all labor and material costs including but not limited to payroll records and material receipts. Contractor must demonstrate its costs with sufficient evidence to be entitled to compensation from the City. 9.2. Continuing the Work.Contractor must continue to perform all Work under the Contract Documents during all disputes or disagreements with City, including disputes or disagreements concerning an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements. 10. MISCELLANEOUS 10.1. No Assignment.Neither party shall assign the Contract or any sub-contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City Manager. 10.2. 10.2.1.Contractor shall accept full responsibility for the Work against all loss or damage of anynaturesustaineduntilfinalacceptancebyCityandshallpromptlyrepairanydamagedone from any cause. 10.2.2.Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. 10.3. Governing Law.This Contract shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in Miami-Dade County, Florida. 10.4. Waiver of Jury Trial.CITY AND CONTRACTOR KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY. 10.5.In the event of any controversy, claim, dispute or litigation between the parties arising from or relating to this Contract (including, but not limited to, the enforcement of any indemnity provisions), the prevailing party shall be entitled to recover from the non- attorneys' fees including, but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the prevailing party shall be entitled to recover from the non- prevailing party all litigation costs associated with discovery, processing, management, hosting, and production of electronically stored information (ESI). 10.6. Compliance with Laws.The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed to be incorporated herein. 216 10.7. 10.7.1.TheCityoranyofitsdulyauthorizedrepresentativesshall,forfive(5)yearsafterfinal books, ledgers, documents, papers, or other records involving transactions related to this Contract for the purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. 10.7.2.The Contractor agrees to include in any subcontractor contracts for this Project corresponding provisions for the benefit of City providing for retention and audit of records. 10.7.3.The right to access and examination of records stated herein and in any subcontracts shall survive termination or expiration of this Contract and continue until disposition of any mediation, claims, litigation or appeals related to this Project. 10.7.4.The City may cancel and terminate this Contract immediately for refusal by the Contractor to allow access by the City Manager or designees to any Records pertaining to work performed under this Contact that are subject to the provisions of Chapter 119, Florida Statutes. 10.8. Authorized Representative. 10.8.1.Before commencing the Work, Contractor shall designate a skilled and competent authorized supervisor and representative (City to represent and act for Contractor and shall inform City, in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for Contractor. Contractor shall keep City informed of any subsequent changes in the foregoing. Such representative shall be present or duly represented at the Project site at all times when Work is actually in progress. All notices, determinations, instructions and other communications given to the authorized representatives of Contractor shall be binding upon the Contractor. 10.8.2.The Authorized Representative, project managers, superintendents and supervisors for the Project are all subject to prior and continuous approval of the City. If, at any time during the term of this Contract, any of the personnel either functionally or nominally performing any of the positions named above, are, for any reasonable cause whatsoever, unacceptable to the City, Contractor shall replace the unacceptable personnel with personnel acceptable to the City. 10.9. Taxes.Contractor shall pay all taxes, levies, duties and assessments of every nature which maybeapplicableto any Workunderthis Contract. TheContract Priceand any agreed variations thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds the City harmless from any liability on account of any and all such taxes, levies, duties and assessments. 10.10. Utilities.Contractor shall, at its expense, arrange for, develop and maintain all utilities at the Project to perform the Work and meet the requirements of this Contract. Such utilities shall be furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of this Contract. 217 10.11. Safety.Contractor shall be fully and solely responsible for safety and conducting all operations under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and damage to property and in full compliance with Occupational Safety and Health Act requirements and all other similar applicable safety laws or codes. Contractor shall continually and diligently inspect all Work, materials and equipment to discover any conditions which might involve such risks and shall be solely responsible for discovery and correction of any such conditions. Contractor shall have sole responsibility for implementing its safety program. City shall not be responsible for supervising the implementation of Contractor's safety program, and shall not have responsibility for the safety of Contractor's or its subcontractor's employees. Contractor shall maintain all portions of the Project site and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors performing Work comply with the foregoing safety requirements. 10.12. Cleaning Up.Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean and safecondition. Upon completion ofany portion ofthe Work, Contractorshall promptly remove all of its equipment, construction materials, temporary structures and surplus materials not to be used at or near the same location during later stages of Work. Upon completion of the Work and before final payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment and materials belonging to it or used in the performance of the Work and Contractor shall leave the Project in a neat, clean and safe condition. In the event of Contractor's failure to comply with the foregoing, the same may be accomplished by City at Contractor's expense. 10.13. Liens.Contractor against the Project site or any part thereof by reason of any Work, labor, services or materials supplied or claimed to have been supplied to the Project. In the event such a lien is found or claimedagainsttheProject,Contractorshallwithinten(10)daysafternoticeoftheliendischarge the lien or liens and cause a satisfaction of such lien to be recorded in the public records of Miami-Dade County, Florida, or cause such lien to be transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court of Miami-Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so discharge or bond the lien or liens within such period as required above, City shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally, City shall thereafter have the right, but not the obligation, to retain out of any payment then due or to become due Contractor, one hundred fifty percent (150%) of the amount of the lien and to pay City attorneys' fees and costs incurred in connection therewith. 10.14. Public Entity Crimes Affidavit.Contractor shall comply with Section 287.133, Florida Statutes, and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 10.15. Independent Contractor.The Contractor is an independent contractor under the Contract. ThisContractdoesnotcreateanypartnershipnorjointventure.ServicesprovidedbytheContractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. 218 10.16. Notices/Authorized Representatives.Any notices required by this Contract shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Contract or such other address as the party may have designated by proper notice. 10.17. Ownership and Access to Records and Audits. 10.17.1.Contractor acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the City which are conceived, developed or made by Contractor during the term of this City. Contractor shall promptly disclose such WorkProduct to the Cityand perform all actions reasonably requestedby the City(whether during or after the term of this Contract) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 10.17.2. or control in City Manager or her designee shall, during the term of this Contract and for a period of five (5) years from the date of termination of this Contract, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Contract. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Contract, and following completion of the Contract until the records are transferred to the City. 10.17.3.Upon request from the City the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 10.17.4.Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Contract are and shall remain the property of the City. 10.17.5.Upon completion of this Contract or in the event of termination by either party, any and all public records relating to the Contract in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City Once the public records have been delivered upon completion or termination of this Contract, the Contractorshall destroy any and all duplicate publicrecords that are exempt orconfidential and exempt from public records disclosure requirements. 10.17.6.Any compensation due to Contractor shall be withheld until all records are received as provided herein. 10.17.7. result in the immediate termination of this Contract by the City. 219 10.17.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Mailing address: 6130 Sunset Drive South Miami, FL 33143 Telephone number: 305-663-6340 Email:NPayne@southmiamifl.gov 10.18. E-Verify Affidavit.In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entit E-Verify, please visit:https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my- participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E- Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. 11. SPECIAL CONDITIONS The following provisions in this Section 10 supersede any other provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given transaction and are transaction specific: 11.1. Unsatisfactory Personnel. 11.1.1.Contractor must at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or anyone not skilled in the Work to which they are assigned. 11.1.2.The City may make written request to the Contractor for the prompt removal and replacementofanypersonnelemployedorretainedbytheContractor,oranyorSubcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirementsoftheContract Documents. TheContractormustrespondtotheCity within five (5) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City will make the final determination as to the removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any of such individual(s) does not require the termination or demotion of said individual(s). 220 11.2. Hours of Work.Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work and Contractor's general operations. Contractorshall conductits operationsso as not to interferewith orcloseanythoroughfare, without the written consent of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in accordance with the requirements and limitations of applicable law including, without limitation, the City Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above without the prior written approval of the City. 11.3. Maintenance of Traffic.Whenever required by the scope of Work, by federal, state, or local law, or requested by the City to protect the public health, safety, and welfare, a Maintenance of Series)and as furtherstated herein. Themanual onUniform TrafficControlDevises forStreets and Highways (U.S. Department of Transportation, FHWA), must be followed in the design, application, installation, maintenance and removal of all traffic control devices, warning devices and barriers necessary to protect the public and workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and protected at all times. Prior to commencement of the Work, Contractor must provide the City with a proposed MOT plan for review. TheCitymay requirerevisionsto theproposed MOT plan. TheMOTplan must beupdated by the Contractor every two weeks. Failure to provide an MOT plan may result in the issuance of a stopworkorder.TheContractorwillnot beentitledto additionalContractTimefordelays resulting from its failure to provide the required MOT plan. 11.4. Royalties and Patents.All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 11.5. Substitutions.Substitution of any specified material or equipment requires the prior written acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient information and documentation to the Project Consultant to allow for a thorough review anddeterminationontheacceptabilityofthesubstitution.Approvalofasubstitutiondoesnotwaive eettherequirementsoftheContractDocuments.The City may require an adjustment in price based on any proposed substitution. 11.6. Severe Weather Preparedness.During such periods of time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has been given notice of same, in accordance with the Miami-Dade County Code. Compliancewithanyspecificsevereweathereventoralertprecautionswillnotconstituteadditional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as non-compensable, excusable delay. 11.7. American Rescue Plan Act Contract Conditions.The Contractor acknowledges that the Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City end, the Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and 221 guidelines) required by ARPA, as further detailed in the ARPA Contract Conditions.If compliance with the ARPA Addendum is required, the City shall select this box:. 11.8. Grant Funding.The Contractor acknowledges that the Work may be fully or partially funded utilizing fundsfrom thegrants listed below(each a warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work in accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds, the City shall select this box:. Grant Title Grant Agreement Exhibit If the Work will be funded utilizing Grant funds, the City shall select this box:. 11.9. DBE Contract Assurance. 11.9.1.The City affirms it has encouraged women-owned, minority-owned, and disadvantaged businesses of the Project and be responsive to the opportunity of the award of this Contract. 11.9.2.Contractor, or any subcontractor performing Work under this Contract, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the City deems appropriate. 11.10. Scrutinized Companies. 11.10.1.Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 11.10.2.If this Agreement is for more than one million dollars, the Contractor certifies that itanditssubcontractorsarealsonotontheScrutinizedCompanieswithActivitiesinSudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized 222 Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 11.10.3.The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. 11.10.4.As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. 223 224 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as first stated above. CITY OF SOUTH MIAMI By: ___________ _ Genaro "Chip" Iglesias City Manager Attest: By: ___________ _ Nkenga "Nikki" Payne, CMC, FCRM City Clerk Approved as to form and legal sufficiency: CONTRACTOR By: _A_W_-OJ;--+--"---~ - Name: ----"4l_-e-'-X-'--d-'-n-'-'4.__t _v _O_t i7_2-__ _ Title: _Y,-'--Ye._6_i_c/_-e_t1_t-_____ _ Entity: A-v ~eth~ ~ 1Jal-a,pvl>~ UL By: ___________ _ Weiss Serota Helfman Cole & Bierman, P.L. City Attorney Addresses for Notice: Genaro "Chip" Iglesias City of South Miami Attn: City Manager 6130 Sunset Drive South Miami, FL 33143 305-668-2510 (telephone) 305-663-6345 (facsimile) chip@southmiamifl.gov ( email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Lillian Arango, Esq. City of South Miami Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 33134 larango@wsh-law.com ( email) Addresses for Notice: __________ (telephone) __________ (email) With a copy to: __________ (telephone) __________ (email) 26 of 193 225 E-VERIFY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/fag/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify By signing below, the contracting entity acknowledges that it has read Section 448.095 , Florida Statutes and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E-Verify affidavits from subcontractors . .Kl Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. Title: j>._..e-.s.j o\e".1t #2PrintName: JUQ-1\ ~\av\ Entity Name: Ar, Pe...Y\Ovcth'Cf\ ~ ~-\evpv0~.{l;Ll:,l ACKNOWLEDGMENT State of Florida County of Mi QNli D~de. The foregoing instrument was acknowledged before me by means of ,81 physical presence or □ online notarization, this ~ day of D c....\C~ v 20 2-a by Akv Ch'"\~ v 0 Yk\-i.. (name of person) as fu,:s,'devt+-(type of authority) for A.b V,.~v"'-h'c.n f,1 ~.\c "f.-t)d~~e of party on behalf of whom instrument is executed) . . a~!• •~·-Jc..j;·~ GRETCHENVELEZ {"'Q;:. i:} Commlltlon I tlf 270857 ~... . ~~ Expn8JIN4.2028 •...... a;.•·- X Personally known to me; or Notary Public (Prin~ p, or Type as Commissioned) ___ Produced identification (Type of Identification: ____________ ) ____ Did take an oath; or --~Did not take an oath E-Verify Affidavit 27 of 193 EXHIBIT A CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS REQUEST FOR QUOTE: RFQ #FN2023-15 226 227 THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI REQUEST FOR QUOTE (RFQ) No. FN2023-15 CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS City of South Miami Commission Mayor Javier Fernandez Commissioner Lisa Bonich Commissioner Steve Calle Commissioner Josh Liebman Commissioner Brian Corey City of South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 ISSUE DATE: September 29, 2023 AT 4:00 PM RFQ DUE DATE: October 6, 2023 AT 2:00 PM 29 of193 228 THE CITY OF PLEASANT LIVING PUBLIC NOTICE REQUEST FOR QUOTE (RFQ) No. FN2023-15 CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS NOTICE IS HEREBY GIVEN that the City of South Miami ("City") is soliciting bids for the CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS . The RFQ contains detailed information about the scope of work, submission requirements, and selection procedures. The bid submission shall be submitted via email to SKULICK@SOUTHMIAMIFL.GOV and marked "Bid to City of South Miami, RFQ No. FN2023-15 for the "CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS" Bids must be received by the City via email by no later than October 6, 2023 at 2:00 PM EST. Any bid submission received after this time and date will be rejected and returned unopened. Bidders are responsible for ensuring that their bid is received in the City by the deadline. The City hereby provides notice to all Bidders of the imposition of a Cone of Silence for this solicitation, as set forth in Section SA-7 of the City Code. "Cone of Silence," as used herein , means a prohibition on communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or request/invitation for bid between a potential vendor, service provider, proposer or bidder, or agent, representative, lobbyist or consultant for the potential bidder; and (i) members of the City commission; (ii) the City's professional staff; or (iii) any member of the City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or City Attorney with any questions on the Cone of Silence . Date Issued: September 29, 2023 3Qof193 229 230 Addenda, whether or not received. It is the responsibility of each prospective Bidder to verify that it has received all Addenda issued before Bid are submitted and opened. 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 Public Entity Crimes Affidavit I understand that a "public entity crime" as defined in Paragraph 287.133( I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that "convicted" or "conviction" as defined in Paragraph 287.133( I )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial , or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133( I )(a), Florida Statutes, means : I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees , members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133( I)( e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) 0 Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July I, 1989 . 0 The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I , 1989 . D The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders , employees , members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that 51k',offt00 253 254 255 b) Inform employees about the dangers of drug abuse in the workplace, the Bidder's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations . I) Give each employee engaged in providing commodities or contractual services under the RFQ a copy of the statement specified in subsection (I). 2) Notify employees that, as a condition of working on the commodities or contractual services under the RFQ, the employee must abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction . 3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted . 4) Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section . Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) D The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the requirements set forth under F.S. § 287.087. D The entity submitting this sworn statement is not a drug-free workplace. Bidder Initials City Non-Discrimination Requirements Affidavit Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will not enter into or award a contract to an entity engaged in a boycott. Bidder understands that "Boycott" as defined under Section 3-1 .1 of the Code of the City of South Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race, color, national origin, religion, sex, gender identity, sexual orientation , marital or familial status , age , or disability in a discriminatory manner. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or required by federal law or state law. Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1 .1 of the Code of the City of South Miami. Bidder Initials Acknowledgment, Warranty, and Acceptance 519offt00 256 257 258 259 Please indicate the type of entity form of the Firm (if other,please describe): 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300I -y OF SOUTH MIAMI MUNICIPAL GARAGE LOCATION MAP SCALE: r = 300' ♦ 5829 SW 73rd St South Miami, Florida 33021 DOUBLE TEE FLANGE CONNECTION REPAIRS BID SET SEPTEMBER 27, 2023 PROJECT TEAM OWNER'S AGENT CITY OF SOUTH MIAMI CONTACT: AURELIO J, CARMENA TES, P.E. 6130 SUNSET DRIVE ~:l~:.tc:a.~1r~3 ACarmenates@southmlllrrM.gr:,, South'''Miami THE CITY OF PLEASANT LIVING STRUCTURAL ENGINEER KIMLEY-HORN AND ASSOCIATES, INC CONTACT: NOEL RAMIREZ, P.E. 2 AI..HAMBAA PL.AZA. SUITE 500 ~~5S,FLORI0.-.3313' noel.ramlrez@klniey-hom.com Sheet List Tobie Sheet Number Sheet Title =· ---· QIEJ,,IEIIAI.NOTES ··~ l~2-REP-PI.AN •·~ REP.olRDET-'LS -REl'RESEtlfATM:PliOl08 l-+-+-l-++-<---1--C: '-0 :::c ~ ~ E ::2 i i ~ ~ ~ 'Ii I; Ii ,,; ~ i ~ [ij w I Cl) 0:: w > 0 () 0: f2 C w ~ w 0: a. C-001 < 0 301 302,,,.,, . .,, ,,_, B) FF EL 11-(/ ,GRJC:3 ;?z_!f/,o I~ II I U t:Ei: ··-.,,,-, ~: I II ,I II ~;; ·?~?· II II Tl II :~: :;;x ?M,~ II II IL II :t::§:1; g Is-!i! 66 :;;ff}/.:. II II :1 1: ,®, EXISTING DOUBLE TEE JOINT (TYP.) -'r1j·1 .,, ' l I . ·1 • .... ~. -~-·-.. I LEVEL 2 RAMP SCOPE OF WORK AREA SCALE.HTS ,.,.,, :~: II II II II 178'.a' ,.,.,, B PT'~• rj.{/ • fl.'.{/ :~:1:@: II /// _Ff El r:.q r.--··1· ti!< ~! SCOPE OF WORK AREAS (REFER TO REPAIR i~ DETAILS ON S-201) II :(tf,{jf;f,?,J'f?.??i ;3(-' REPAIR I FGEND :~ L __ _, X-X D C: ~ ..... # 0 ~g :c i~ ~g ~ ~~ ---~~ QJ!~ -·~ E ~~ ~~ ~ -~ w ! ~ ~ ~; ! ~ ;15 ~ i ! ~ • 81 ;: I~ H ~~~~t,.t 11 : dis •• ! ~ :::,:::: CL ll'.'. ~o ~ s: <( N LL W ...J O n:: w w <( > CL wO ...J (.) w " ;i;i(i "" ~ft -<er Saz "10 z.= ::>u ~~ ~~ ,au IW ,-w ::,>-ow "''" ~::, Oo I'.:" [j Cl) ,a er"' o:> ~I o>-w::> ero ""' a.~ ~o a.I'.: [j S-102 < 0 ~ ~ 303 304@ ~~~r~N DT CONNECTION @ ::~~;8N DT CONNECTION @ ~~~~;.N DT CONNECTION ~ @ ~~1~8G DT CONNECTION 305 EXHIBIT B CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS CONTRACTORS PROPOSAL 306 307 Do cuSlgn Envelope ID : 624482AD -DF7B -43C3-86 E6-35 11530528C4 Southt iami Il l ( T\ ( I l'I AV, I 11~1 C CITY OF SOUTH MIAMI REQUEST FOR QUOTE (RFQ) No. FN2023-15 CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS City of South Miami Commission Mayor Javier Fernandez Commiss ioner Lisa Bonich Commissioner Steve Calle Commissioner Josh Liebman Commissioner Brian Cor ey C ity of So uth Miam i C ity Hall 6130 Sunset D r iv e So uth Mi ami, Fl o ri da 33143 ISSUE DATE: September 29, 2023 AT 4:00 PM RFQ DUE DATE: Oct o b er 6, 2023 AT 2:00 PM 109 <lff?m3 308 DocuSlgn Enve lope ID : 62 4482AD -DF7B-43C3-86E6-35 11530528C4 IHl cm nE . Tll\11 PUBLIC NOTICE REQUEST FOR QUOTE (RFQ) No. FN2023-I 5 CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS NOTICE IS HEREBY GIVEN that th e C ity of South Miam i ("City") is so lici ting bids for the CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS. The RFQ contains detailed information about the scope of wo rk, subm i ssion requirements, and sele ction procedures. The bid submission shall be submitted via email to SKULICK@SOUTHMIAMIFL.GOV and marked "Bid to City of South Miami, RFQ No. FN2023-I 5 for the "CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS0 Bids must be received by the City v ia email by no later than October 61 2023 at 2:00 PM EST. Any bid submission rece iv ed after th is time and date will be re jected and returned unopened. Bidders are r esponsible for ensuring that the ir bid is rece ived in the City by the deadline. The C i ty hereby provides notice t o all Bidde rs of the im posi tion of a Cone of Silence for this solicitati on , as set forth in Se ction 8A-7 of the City Code. "Cone of Silence," as used herein. means a prohibition on communi cat ion regarding a competitive solicitation such as a request for proposal, r eque st fo r qualificati on, requ est for information or request/invitation for bid between a potential vendo r. servi ce provi de r, pro pose r or bidder, or agent, r epresentative. lobbyist or consultant for the potential b idde r; and (i) members of the City commiss ion: (ii) the City's professional staff; or (ii i) any member of the City's selection , evaluation or negotiation committee. Please contact the City Clerk and/or City Attorney with any questions on the Cone of Silence . Date Issued: September 29, 2023 11D<Gffn93 309 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 TABLE OF CONTENTS Section Page Section I: Information for Bidders 4 Secti on 2: Terms and Cond itions 10 Section 3. Scope of Work 17 Section 4: Bid Submission Requirements and Evaluation & 20 Forms and Attachments Section 4: Bid Form -Form 7 3 7 Section 4: References -Form 8 39 1131 <lff?m3 310 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 SECTION I. INFORMATION FOR BIDDERS I.I. INTRODUCTION/GENERAL BACKGROUND. The Crty of South Miami. Florida (the "City") is soliciting bids for the CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS AT 5829 SW 7JRD STREET, SOUTH, MIAMI, FL. (the "Project"). The City hereby requests bids for the selection of one firm ("Contractor" or "Bidder") to provide the work for the Project as set forth in greater detail in Section 3 of this Request for Quote ("RF Q"). The Contractor awarded a contract pursuant to this RFQ shall provide the services , design, labor, materials. equipment, and all incidentals necessary, as further defined in Section 3 of this RFQ (the "Work" or the "Serv ices ") for the Project. The City intends to award a contract to the lowest. most responsive and responsible Bidder whose bid meets the requirements and criteria set forth in this RFQ for the Work described in this RFQ . 1.2. SCHEDULE OF EVENTS. The following schedule is anticipated for this RFQ process, but is subject to change by the City, in its sole discretion, at any time during the RFQ procurement process . No. Event Date* Time* (EST) I Distribution of RFQ 9/29/2023 4:00 PM Mandatory Pre-Bid Conference and Site Visit NONE 2 5829 SW 73RD Street SCHEDULED South Miam i. FL 33143 3 Deadline to Submit Questions / Requests for 10/4/2023 10:00 AM Clarification 4 City Issues Addenda and Responds to Questions 10/4/2023 3:00 PM Deadline to Submit Bids via email to 5 Procurement@southmiamifl.gov -Submission 10/6/2023 2:00 PM Deadline 6 City Posts Bid Summary via email to Respondents 10/9/2023 10:00 AM 7 Purchase O rder Issued 10/10/2023 10:00 AM 11~~7m3 311 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 1.3. B(D DUE DA TE. Bids must submitted via email to skulick@southmiam lfl .gov All bids must be received by 2:00 PM E.S.T. on October 6, 2023 (the "Submission Deadline "). A Bid Summary will be provided to all Respondents to the RPQ. 1.4. PRE-BID CONFERENCE AND SITE(S) VISIT. A pre-bid conference, NOT be scheduled for this project. Prior to submitting a Bid, each Bidder should visit the site and become familiar with the conditions that may, in any manner, affect the Work to be performed by the awarded contractor or the equipment, materials and la bo r requ ired. The Bidder is also required to exam ine carefully the Scope of Work set forth i n Section 3 of this RFQ and be thoroughly informed regar ding any r equ irements or conditions that may in any manner affect the Work to be performed under the Agreement. No allowances will be made because of lack of knowledge of any conditions or requirem ents . 1.5. ADDENDA CHANGES OR RE UESTS FOR INTERPRETATION DURING BID PROCESS. The City will not respond to oral in quiries or questions concerning this RFQ . All written inquiries, r equests for interpretation or clarification shall be sent to: Steven P. Kulick City of South Miami Chief Pr ocurement Office r 6130 Sunset Drive City of South Miami, FL 33143 E-Mail : skulick@southmiamifl .gov Facsimile: (305)669-2636 Any written inquiry or request for interpretation or clarification must be sent by e-mail or written correspondence and r eceived by the City no later than October 4, 2023 at I 0:00 AM. All such interp retations or clarifications will be made in writing in the form of an Addendum to this RFQ issued by the City to all known and/or registered prospective Bidders. Each prospective Bidder shall acknowledge receipt of such Addenda by including it in the Bid Form. All Addenda shall be a part of thi s RFQ and a part of the Agreement and each Bidder will be bound by such Addenda, whether or not received. ft is the re pon ·i bility of each prospec tive Bidder to veri fy that it ha received all Addenda is ued before Bid are s ubmitted and opened. 1.6. SUBMISSION OF BID. Bids must submitted via email to Steve Kulick, Chief Procurement Office r. email: skulick@southmiamifl .gov and must be marked as 0 Bid to City of South Miami, RFQ No. FN2023- I 5, CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS AT 5829 SW 73RD STREET and addressed to: Steven P. Kulick City of South Miami Ch ief Procurement Office r 6130 Sunset Drive City of South Miami. FL 33 143 E-Mail : skulick@southmiamifl .gov 1153 <Gff?m3 312 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO THE CITY ON OR BEFORE THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR DURING THE SUBMISSION OF BIDS. ANY BID RECEIVED AFTER THE SUBMISSION DEADLINE STATED IN THIS RFQ WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. FACSIMILE AND EMAILED BID SHALL NOT BE CONSIDERED. The Bid must be signed by an authorized officer of the Bidder who is legally authorized to bind the Bidder and enter into a contractual relationship in the name of the Bidder. The submittal of a Bid by a Bidder Will be considered by the City as constituting an offer by the Bidder to perform the required Work. upon the terms and at the prices stated by the Bidder. The City will only receive submittals via email to skulick@southmiamifl.gov Bids sha ll be typed or printed in ink. All blanks on the Bid form(s) must be completed. Names must be typed or printed below the signature . Bids submitted by hand-delivery, or facsimile Will not be accepted. Only one {I) Bid from any in dividual, firm, partnership, or corporation, under the same or different names, will be considered . If the City determ ines that any Bidder has interest in more than one (I) Bid for Work contemplated; all Bid in which such a Bidder is interested will be re jected . Bidd er by submitting this Bid certifies that this Bid is made without previous understanding. contract, or connection with any person, firm or corporation making a Bid for the same material, supplies , equipment or serv ices and is in all r espects , fair and w ithout collusion of fraud. I. 7. BI.D REQUIREMENTS & FORMAT. Ea ch Bidder must present its products, services, and applicable features in a clear and concise manner that demonstrates the Bidder's capabilities to sat isfy the requirements of this RFQ . The emphasis should be on accuracy , clarity. comprehens iveness and ease of identify ing perti nent information and suitability of the Work Bids MUST include the following: I. 7.1. Bid Form Package. Bidder shall provide complete and accu r ate copies , with all required signatures and notarizations, for all the forms in t he Bid Pac kage: Fo rm I. Form 2A. Form 2B . Form 3. Form 4. Form 5. Fo rm 6. Form 7. Form 8. Bid form Package Acknowledgement. Bidder's Certification (if Company or Corporation) Bidder's Certification (if Partnership) Single Execution Affidav its Dispute Disclosure Certification Regard ing Debarment Suspension , & Other Respons ibility Matters Primary Covered Transactions Bidder's Qual ifications Survey Bid Form Refe rence list 1.7.2. Proof of Experience. Provide documentation ev idencing the experience of the Bidder and demonstrating that the Bidder has successfully provided Work similar to those specified herein to other firms and/or agencies of simi lar size and needs as the City. The Bidder firm shall be currently engaged i n Work on a full t ime basis and shall have been in existence and continuous operation providing the Work for a minimum of five (S) years. 313 Do cu Sfgn Envel ope ID : 6244 82AD-DF7B •43C3-86E6-35 11 530528C4 1.8. 1.7.3. Safety Record. Bidder shall p rovide documen t atio h evidencing the safety and compliance recor d of t he Bidd er in perform ing sim il ar Wor k, including information as to any safety o r any noncompliance vio lations, assessments or ci tations is sued by applicab le governmental agencie s in the past fi ve (5) years. 1.7.4. Bidder's Qualifications. Include name , fu nction, an d qua lifications of key personn el, including key subcontractors , in the organization w ho will be providing Wor k. T h e k ey person or contact assigned to the Wor k shall within th e past three (3) yea r s have cond ucted and been r esponsib l e fo r provid i ng Work in a simila r project o r enviro n ment. Please note. t o r ece ive further con si der ation , all Bidders mu st p rovide the necessary documentation to "<lemonstrate that they meet the following m inimum qualifi cations : 1.7.4.1.Service and Incorporation. Contractor sha ll have been in business and continuous operation and service and incorporated in the State of Florida for a min imum of five (5) years. 1.7.4.2.Licenses. Contractor must be fully licensed w ith any and all app li cab le and requ i red licenses, certifications and permits for Work, including government li censes, certifications, and permits from the State of Florida, Miam i-Dade County, the C ity, and any other governing governmental regulatory authorities . I. 7.5. Insurance Certificates. Bidder shall provide certificates of insurance demonstrating compliance with the requirements set forth under Section 2 of this solicitation, including: 1.7.5.1. Commercial General Liability 1.7.5.2. Workers Compensation & Employer's Liability 1.7.5.3. Business Automobile Liability THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. I. 7.6. Bidder may provide any additional information that highlights experience or expertise, which is relevant and directly applicable to this RFQ EVALUATION CRITERIA/AWARD OF CONTRACT. Award shall be made to the lowest responsible and responsive Bidder whose qua lifications indicate the Award w ill be in the best interest of the C ity and whose Bid complies with the requirements of th is RFQ. In no case will the Award be made until all necessary investigations have been made into the respons ibility of the Bidder and the C ity Manager is satisfied that the Bidder is qualifi ed to do the Work and have the necessary organization, capital and equipment to carry out the Work in the specified timeframes. The responsible bidder shall be a person who has the capability in all respects to fu lly perform the contract requirements and the tenacity, perseverance, integrity, experience , ability, re li ab ility, capacity, faci lities , equipment, financial resources and credit which w ill give a reasonab le expectation of good faith performance, and a person who has submitted a bid which conforms in all material respects to the RFQ (the "Responsible Bidder"). In evaluating respons ibility, the City may also consider previous contracts with the City, past performance and experience with other contracts, compatib ility of the project team w ith City personnel, and any other criteria deemed re levant by the C ity. The City Manager or des ignee may re ject those bids that do not meet the m inimum requ i rements of the RFQ. If the City accepts a bid , the City will provide a written notice of award to the lowest respons ible and responsive Bidder who meets the requirements of this RFQ. If the successfu l bidder to whom the contract 111><lff?m3 314 DocuSfgn Envelope ID : 624482AD-Df7B-43C3-86E6-3511530528C4 is awarded forfeits the award by failing to meet the conditions of this RFQ . the City may. at t he City's sole option, award the contract to the next lowest most responsive, and responsib le bidder or reject all bids or re-advertise the Work. Neither this R.FQ , nor the notice of award of the Agreement(s) constitutes an agreement or contract with the Successful Bidder(s). An agreement or contract is not b inding until a written agreement or contract, in substantially the form attached hereto as Attachment "A," has been executed by the City and the Successful Bidder(s) and approved as to form. content, and lega l sufficiency by the City Manager and City Attorney. 1.9. CITY'S RIGHTS: WAIVER OF IRREGULARITIES. The City reserv es the right to reject any or all bid s which is in any way incomplete or irregular, re-bid the entire solicitation, or enter into contracts with more than one Contractor. The City reserves the right to accept or r eject any and/or all Bid or parts of Bid , to workshop or negotiate any and all Bid , to select and award Bidder(s) for all or any of the Work, waive irregularities in Bid , to cancel or discontinue this RFQ process, and to request new Bid on the required Work or services. The City Commission shall make the final deterrnination and award of Bid(s). All materials submitted in response to this Invitation to Bid become the property of the City and will be returned only at the option of the City. The City has the r igh t to use any or all ideas presented in any Bid or responses to the RFQ, whether amended or not , and selection or r ejection of Bid does not affect this right. 1.10. CODE OF ETHICS PROVISIONS. 1.10.1. Cone of Sil'ence. T he provisions of City's Cone of Silence are applicable to this RFQ . The City's Cone of Silence provisions can be found under-Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence may be sent to: Nkenga "Nikki" Payne, CMC, FCR.M City Clerk City of South Miami 6130 Sunset Drive South Miami. Florida 33143 Npayne@southmiamin .gov T he Cone of Silence as used herein means a prohibition of any communicatfon regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or in vitation/request for bid, between a potential vendo r, service provider, proposer or bidder (hereinafter referred to as the "potential bidder"), or agent, representative. lobby is t or consu ltan t for the potential bidder; (hereinafter referred to as the "bidder's representatfve''); and (i) Members of the City Commission; or (i1) City's professional staff; or (iii) Any member of the City's selection, evaluation or negotiation committee. The provisions of the Cone of Silence shall not apply w:. (i) Communications at a duly noticed pre-bid conferences or at any duly noticed publlc selection or negotiation committee meeting or duly noticed public City commission meeting at which the City Manager has placed the subject of the solicitation on the agenda: 1111l\flf?m3 315 IDocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 (ii) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in F.S. § 286.0 I 13: (iii) Briefings made by the City Manager or his designee to the Ciry Commissioners during a meeting following the completion of the selection or negotiation committee meetings: (Jv) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation cbmmittee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection. evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City clerk by the potential bidder or bidder's representative. The City clerk shall make copies available to any person upon request; (v) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's purchasing agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (vi) Communications with the City attorney and his or her staff; (vii) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (viii) Any emergency procurement of goods or services pursuant to City code; {ix) Responses to a request made by the City's purchasing agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (x) Communications prior to bid opening between City's professional staff and potential bidders and/or bidder's representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential bidders and/or bidder's representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. 1.10.2. Lobbying Prohibited. All potential Bidders and their agents who intend to submit, or who submitted, a bid or response to this solicitation, are prohibited from lobbying, individually or collectively, any City Commissioner, candidate for C ity Commissioner, or any employee of the City in connection with this solicitation. The term "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. 119' <lff?m 3 316 DocuSfgn Envelope ID; 624482AD-D.F7B -43C3-86E6-3511530528C4 Contact may only be made through regularly scheduled Commission meetings, or meetin,gs scheduled through the Procurement Division, which is for the purpose of obtaining additional or clarifying information or as otherwise provided for in the City's Cone of Silence . Any presentation before a selection committee i s considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-S(c)(9), of the City Code of Ordinances and compl'eting Attachment B to this RFQ. Any person who submits a proposal , whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register . An officer or manager of a legal entity who is submitting a proposal, whether so licited or unsolicited, is considered to be a lobby ist. All Bidders -are strongly encouraged to review Section BA-5 of the City Code of Ordinances for further information _ To register as a lobbyist, please contact the City Clerk at: Nkenga "Nikki" Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset D rive South Miami, Florida 33143 Npayne@south miamifl .gov END OF SECTION I 118 of19J3 317 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 SECTION 2. TERMS AND CONDITIONS 2.1. PURPOSE OF BID. The City r equests Bids from qualified firms for the CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS AT 5829 SW 7JRo STREET Project (the "Project"). The Work to be performed is further detailed in the Scope of Services provided in Section 3 herein (the "Work" or "Services") The frequency, nature, scope and definition of the Work desired or requked by the City may change from time to time, at t he City's discretion. The City intends to secure a source of supply(s) for the Work from a qualifi ed contractor(s) that conform to the requirements of this RFQ and is most advantageous to the City and in its best interest. The C ity reserves the right to award the Bid(s) considered to best serve the City's interests. 2.2. DELIVERY. All equipment, materials, and goods in connection with the Work sha ll be delivered F.O .B. destination (i.e., at a specific City address), and delivery costs and charges (if any) will be included in the Bid prici ng. Exceptions should be noted. 2.3. EQUIPMENT. Any equipment or products used by Contractor to provide Work pursuant to this RFQ sha ll remain the property of the Contractor. In the event equipment or products used by the Contractor are found to be defective, of unsatisfactory quality, or do not conform to the requ i rements of this RFQ or the Specifications , the City reserves the right to reject the equ ipment or product(s), at the Contractor's expense. 2.4. PRICING. The Bid form attached to this RFQ under Section 4 and to be included w ith each Bid shall specify the Bidder's pricing and/or fees for the equipment and Work requested here in. Bidder should include any and all applicable taxes in Bid prices. If the Bidder is awarded an Agreement pursuant to this RFQ , the prices and fees quoted in the Bid shall remain fixed and firm during the term of the Agreement. 2.5. BID COSTS. Bidders submitting Bid do so entirely at their own cost and expense . There is no expressed or imp li ed obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing or submitting Bid , providing additional information when requested by the C ity, or for participating in any selection interviews. 2.6. LICENSES AND PERMITS. Bidder shall secure any and all necessary and required licenses, certifications and permits to conduct the Work, including, but not limited to, all Federal , State, County and C ity licenses and permits. All Bidders must provide the necessary documentation to demonstrate that they meet all app lic able licensing and permitting requirements. By submitting a Bid in response to this RFQ , Bidder represents and warrants to the City that it holds all licenses, certifications and permits ("Licenses") required by app lic ab le law and by any other governmental authority or agency to perform the Work. Bidder represents and warrants to the City that the Licenses 119 of 19J3 318 DocuSfgn Envelope ID; 624482AD-DF7B-43C3-8 6E6 -3511530528C4 shall be in full force and effect on the date of performance of the Work and further repres ents that it holds and will hold all Licenses throughout the term of the Ag reement. Bidder shall provide the City with copies of all Licenses and an y additional permits that may be required for performance of the Wor k wi th its Bid and during the term of the Ag reement. Where the Contracto r is requ ired to enter onto C ity property, public rights -of-way or other property t o deliver equipment or to perform the Work as a resul t of a Bid award, the Contractor w ill assume the full duty, obligation and expense of obtaining all necessary approvals, licen ses. permits, inspections and insuran ce required. T he Contractor shall be liab le for any damages or loss to the City property, or other property or pers ons, occasioned by the acts or omissions, or the negl igence of t he Bidde r (or their agent) o r any person the Bidder has des ignated in the performance of the Work, as a result of the Bid. 2.7. INSURANCE. 2. 7.1. If selected, the Contractor shall secure and ma intain throughout the duration of the awarded contract insurance of such types and in such amounts not less than those specified be low as satisfactory to City, naming the City as an Additiona l Insured, underwritten by a firm rated A-X or better by A.M. Best and qual ified to do bus iness in the State of Florida. The i nsurance coverage shall be primary insurance with respect to the City, its officia ls, emp loyees, agents and volunteers naming the City as add itional insured. Any insurance ma inta ined by the C ity shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's insurance. The insurance coverages sha ll include at a min imum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. Copies of Contractor's actual In surance Pol ici es as required here in and Certificates of Insurance sha ll be provided to the City, reflecting the C ity as an Add it iona l Insured. Each Po li cy and certificate shall include no less than (30) thirty-day advance written notice to C ity prior to cancellation, termination, or material alteration of said policies or insurance. All coverage forms must be primary and non-contributory and the Contractor sha ll provide a waiver of subrogation for the benefit of the City. The Contractor sha ll be responsible for assuring that the insurance policies and certificates required by this Section rema in in full force and effect for the duration of the Work. 2.7 .1. I.Commercial General Liability coverage with limits of li ability of not less than a $1,000,000 per Occurrence combin ed single li mit for Bodily Injury and Property Damage. T his Liability Insu r ance shall also include Completed Operations and Product Liability coverages and elim in ate the exclusion with respect to property under the care , custody and control of Contractor. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit sha ll be in the amount of $2 ,000,000 each. 2.7.1 .2.Workers Compensation and Employer's Liability insurance, to app ly for all emp loyees for statutory limits as required by applicable State and Federal laws . The po licy(ies) must include Employer's Lia bility with min imum li mits of $1 ,000,000.00 each accident. No employee , subcontractor or agent of the Contractor shall be allowed to provide Work pursuant to this RFQ who is not covered by Worker's Compensation insurance . 2.7.1.3. Business Automobile Liability w ith minimum lim its of $1 ,000 ,000.00 per Occurrence, combined single limit for Bod ily Injury and Property Damage . Coverage must be afforded on a form no more restrictive than the latest ed ition of the Business Automobile Liability policy, without restrictive endorsements, as fil ed by the Insurance Service Office, and must include Owned , H ired , and Non-Owned Veh icl es. 2.7.2. The Contractor agrees to indemn ify, defend and hold harm less the City from and against any and all claims , suits , judgments, losses , damages , executions and/or li ab ili t ies as to bodily in juries and/or property damage which arise or grow out of the Agreement or Contractor's performance of the Work required by this RFQ . 130 of 19J3 319 IDocuSfg n Envelope ID : 6244 82AD-D.F7B -43C 3-86E6-35 11 530528C4 2.7.3. The Contractor shall also. upon request by the City. provide cop ies of all official receipts and endorsements as verifi cation of Contractor 's time ly payment of each insurance poli cy premium as r equired by the Agreement 2.7.4. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 2.8. BONDS. The selected Cont ractor must, prior to perfor ming any portion of t he Work and w ithin three (3) days of the Effec tive Dat e of the Construction Con tract, del iver t o the City the Bo nds r equ ired to be provided by Bidder hereunder and the Construction Contract(collectively. the "Bonds"). The City, in its sole and exclus ive disc r etion , may also require other bonds or secu rity, i n order to guaranty that the awarded con t ract w ith the City will be fu ll y and appropr iately performed and completed. The surety providing such Bonds mu st be li censed , authorized, and admitted to do business in the State of Florida and must be li sted in the Federal Register (Dept. of Treasury, Circular 570). The cost of the prem iums for such Bonds shall be included in the contract price. If notice of any change affecting the scope of services/work, the contract price, contract time, or any of the provisions of the Construction Contract is required by the provisions of any bond to be given to a surety, the giv ing of any such notice sha ll be the selected Contractor's sole responsibi li ty, and the amount of each applicable bond sha ll be ad justed accordingly. If the surety is declared bankrupt or becomes insolvent or its r ight to do business in Florida is terminated or it ceases to meet applicable law or regu lations, the se lected Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to the City. 2.8.1. Performance Bond. If this provision is se lected, the se lected Contractor must deliver to the City a performance bond in an amount equa l to I 00 percent of the price specified in the contract. The performance bond shall provide that the bond ing company w ill complete the project if the selected Contractor defau lts on the contract with the C ity by failing to perform the contract in the time and manner provided for in the contract. 2.8.2. Payment Bond. If this provision is se lected, the selected Contractor must deliver to the City a payment bond in an amount equal to I 00 percent of the price specified in the contract. The payment bond shall provide that the bonding company or surety will promptly pay all persons who supply labor, materials, or supplies used directly or indirectly in the performance of the work provided for in the contract between the se lected Contractor and the City if the selected Contractor fai ls to make any required payments on ly. 2.8.3. Waiver of Bonds. If this provision is se lected , the C ity Manager has wa ived or li m ited the requirements contained herein for payment or performance bonds upon such circumstances as are deemed in the best interest of the City. If the requirement for a payment bond is waived, the City shall select this box: 1:81. If the requirement for a performance bond is waived, the City shall select this box: 1:81. 2.9. BID GUARANTY/BID BOND. Each bid must be accompan i ed by a Bid Bond or Cash ier's Check, in the amount of five percent (5%) of the bid , in the form provided in Form 9. Bid Guaranty shall be made by certified or cashier's check or by a bid bond made payab le to the C ity and provided by a surety company authorized to do bus iness as a surety in the state. All Bid Bonds shall be valid for a period of at least 90 days from the bid subm ission date. The Bid Bonds for all unsuccessful bids shall be returned after the 90-day period. The purpose of the bid bond is to ensure that bids are honored and that they rema in va li d for the requ i red period. Accordingly, bid bonds are sub ject to forfe iture any time Bidders refuse to honor their bids for at least 90 days after bid opening. The Bid Guaranty of the successful bidder will be retained until such bidder has executed a contract and furnished any payment and performance bonds, along with all insurance policies , licenses , or other documentation that may be required by the C ity. If the successful bidder fails to furnish the required payment and performance bonds, fails to execute and deliver the contract, or fails to deliver the requ i red insurance policies, licenses, or other documentation to the office of the purchasing agent within the t ime specified in the instructions to bidders, the City may annu l the notice of award and the enti re sum of the Bid 131 of 19J3 320 fDocuSfgn Envelope ID ; 624482AD-DF7B-43C3-86E6-351 1530528C4 Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders w ill be returned after the Contract is awarded and executed. Bid Bonds shall be submitted to the City Clerk's Office no later thao the Submittal Due Date: Nkenga "Nikki'' Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov Ir the requirement for a Bid Guaranty/Bid Bond is waived, the City shall select this box:~- 2.10. COMPLIANCE WITH LAW AND OTHER REQUIREMENTS. Contractor shall conduct its operations in compliance with all applicable federal. State , County and City laws and regulations in providing the Work required by this RFQ . 2.11. ASSIGNMENT. The Contractor shall not transfer or assign the performance of the Work r equ i red by this RFQ and the Agreement withou t the City's prior written consent. Any award issued pursuant to this RFQ and monies which may be payable by the City, are not assignable except with the City's prior written approval. 2.12. ATTORNEY'S FEES. If the City incurs any expense in enforcing the terms of the Agreement, whether suit be brought or not. Contractor agrees to par all such costs and expenses in cluding, but not limited to, court costs., interest and reasonable attorney's fees . 2.13. CONTRACTOR'S RELATION TO THE CITY. It is expressly agreed and understood t hat the Contractor is in all respects an independent contracto r as to all Work hereunder, and that the Contractor is in no r espect an agent. servant or employee of the City. This RFQ specifies the Work to be performed by the Contractor, but the method to be employed to accomplish the Work shall be the responsibility of the Contractor. unless otherwise provided in the Agreement or by the City. 2.14. DISCRIMINATORY PRACTICES. The Contractor shall not discriminate or deny service, deny access, or deny employment to any person on the basis of race, color, creed. sex , sexual orientation , religion or national o rigin . The Contractor will strictly adhere to the equal employment opportun ity requirements and any applicab le requirements established by the State of Florida or the Federa l Government. 2.15. CANCELLATION. Failure on the part of the Contractor to comply with the conditions. specifications, re qu irements and terms as determined by the C ity, shall be just cause for cancellation of the award with the Contr ac tor hol ding the City harmless. 2.16. INDEMNIFICATION. 12a of19J3 321 Do cu Sfg n Envelope ID : 6244 82AD-Df7 B-43C3-86E6-35 11 5305 28C4 The Contr acto r sha ll inde tn nify. save harmless and de fend che City. its offi cers , agents and etn p loyees from and again st any cl aims, demands o r cau ses o f action of whats o ev er k in d o r nat ur e arising out of any ac t, err or, omiss ion, neg lig ent act, co nduct o r mi scondu ct of the Contracto r, it s agents , servants or emp loyees , in t he perform ance of th e Work pu r su ant t o this RFQ and/o r from any pr ocurement de ci sion of t he Oty in clud ing w ithout l im itation, award ing the Agreemen t to a Contractor. 2.17. MULTIPLE /OTHER VENDORS. T he City r eserves the r ight t o se lect and awa r d mu l tip le Bidders to provide some or all of the Work. lf t he sel ected contr actors are un ava il able , the City reserves the righ t to see k and obt ain other sources. 2.18. PUBLIC ENTITY CRIME/DISQUALIFICATION. Pursuant to Section 287. I 33(3)(a), Florida Statute, all Bidders are adv ised as fo l lows: "A person or affiliate who has been placed on the convicted vendor li st following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a pub li c entity, may not submit a bid on a contract with a public entity for the construction or repa ir of a public building or public work, may not submit bids on leases of rea l property to a pub li c entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consu ltant under a contract w ith any pub li c entity, and may not transact business with any publ ic entity and may not transact bus iness w ith any public entity in excess of the threshold amount provided in s.287 .017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 2.19. NO CONTINGENCY FEE. Bidder shall warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure the Agreement and that it has not paid or agreed to pay any person, company, corporation, ind iv idual or firm, other than a bona fide employee working solely for the Bidde r, any fee , commission , percentage , gift or other consideration contingent upon or resulting from the award or making the Agreement. For the breach or vio lation of this provision, the C ity shall have the right to terminate the Agreement, w ithout l iability, at its discretion. 2.20. PUBLIC RECORDS; CONFIDENTIALITY. Bidders are hereby notified that all information subm itted as part of or in support of Bid submitted pursuant to this RFQ ar e public r ecords subject to public disclosure in accordance w ith Chapter I 19, Florida Statutes. If there is any apparent conflict between Florida 's Public Records Law and this RFQ , Florida Law will govern and prevail. All Bids submitted in response to th is RFQ shall become the property of the C ity. Unless the information submitted is proprietary, copyrighted , trademarked , or patented , the C ity reserves the right to utilize any or all information, ideas, conceptions , or portions of any Bid in its best interest. Acceptance or rejection of any Bid shall not nullify the City's rights hereunder. Notice Pursuant to Section 119.0701 2 a Florida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Mailing address: Nkenga "Nikki" Payne, CMC, FCRM 6130 Sunset Drive South Miami, FL 33143 13S of 19J3 322 DocuSfgn Envelope ID : 62 4482AD-DF7B-4 3C 3-86E6-35 11 530528 C4 Telephone number: Email: 305-663-6340 NPayne@southmiamifl.gov 2.21. AMERICAN RESCUE PLAN ACT PROVISIONS. Bidder acknowledges that the Work o r Services may be fu lly or partially funded utilizing Coronavirus State and Local Fisca l Recovery Funds allocated to the City pu rs uant to t h e American Rescue Plan Act ("ARPA"). The selected Contractor shall be r e.quired to comply wit h all laws , r ules , regu lations , po lic ies , and guidel ines (including any subsequent amendments to such laws, r egulations , policies, and guidelines) r equ ired by ARPA, as further detailed in the ARPA Addendum t o thi s so.lidtati on . If compliance with this section is required, the City shall select this box: □. 2.22. GRANT FUNDING. By submitting a response to this solicitation, Bidders acknowledge that the Work or Services may be fu l ly or partially funded utilizing funds from the grants li sted be low (the "Grant"). Accordingly, by submitting a response to this competitive solicitation, the Bidder warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work or Services in accordance w ith the terms and conditions of the Grant(s). Grant Title Grant Agreement Attachment No. If the Work or the Services will be funded utilizing Grant funds, the City shall select this box:□. END OF SECTION 2 13-6 of 19J3 323 fDocuSfgn Envelope ID: 624482AD-DF7B-43C 3-86E6 -3511530528C4 SECTION 3. SCOPE OF WORK SPECIFICATIONS AND RE UIREMENTS 3.1. GENERAL REQUIREMENTS. The Wo rk specified in this Inv itation to Bid (RFQ) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that mee ts all of the needs described in this Scope o f Services and as otherwise desc dbed in t his RFQ (the "Wor k "). The Work is to be performed i n accordance w ith specifications and the contract documents that are provided to the Contractor by the City herein, as well as in accordance with those plans, drawings and specifications that are r equired to be produced by the Contractor and that are approved by the City. The Work also includes but is not limited to keeping the Project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s) for cleanup and disposal ; disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontr actors and utility companies (i.e. power, gas, water); erecting construction safety measu r es, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City's satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessa r y to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 81 I to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines , pipes, and cables on construction site. In all cases, it is the responsibility of Contr actor to obtain and pay for all licenses and other permits (including t r ee permits), provide signed and seal footing and foundation specifications for permitting, as well as all labo r atory tests , enginee ring and architectural specifications, drawings and plans that are necessary to secu r e any and all permits and licenses required to complete Work. In addition, Contractor will be r equired to obtain , pay for and deliver to the City as-built plans fo r all of the Wo r k. Permit fees are waived for permits required to be issued directly by the City. Permit fees charged by other government entities, if required, are the responsibility of the Bidder/Contr actor; however, in all cases ; it is the responsibility of Bidder/Contractor to secure any and all permits that may be required for this project. All wo r k is to be completed in accordance with specifications, engineering construction drawings, and in acco r dance with the ter ms and conditions described in Attachments A, B and C all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City Land Development Code, all applicable ordinances of Miami-Dade County and the City, and the Amer icans with Disabilities Act (ADA). If the Project involves a City park, the Contr actor must comply with the City's public playground safety standards, rules, and guidelines. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances. 13S of 19J3 324 IDocuSfgn Envelope ID; 62 4482 AD-Df7B-43C3-86E6 -3511530528C4 3.2. SPECIFIC REQUIREMENTS. The City is soliciting proposals from high ly qualified fir ms for Emergency Garage repairs consisting of Double-Tee flange connection an d joint repairs. All work must be completed within forty- five (45) calendar days from th e issuance of a purchase order and bui lding construction permit as per the specifications, engineering construc tion drawings, and in accordance with the terms and conditions desc ribed in Attachments A, B, and C. The scope of work is to remove existing joints at the dou ble-tee connections and r ep air the broken and/or missing connection a,nd r eplace damage and/ or missing joint. Respondents shall r eview enclosed specifications, engineering construction plan documents, tree survey details. Respondents ar e r equired to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). 3.3. SITE LOCATION. The Project will be held at the City of South Miami Municipal Parking Garage at 5829 SW SW73 Street South Miami, FL, 33143. 3.4. DESIGN PLANS & SPECIFICATIONS. Design plans and specifications for the Project are attached to this solicitation as Attachment C, "Design Plan and Specifications, Municipal Garage Double Tee Flange Connection Repairs prepared by Kimley Horn dated September 27, 2023. 3.5. PRO ECT DURATION. After permit(s) have been secured/approved, the Bidder is responsible for completing this project within forty-five (45,) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager. 3.6. WARRANTY. Bidder must include a wa rranty and/or guarantees of all material and labor that includes: 3.6.1. any conditions; and 3.6.2. gua r anteed r esponse time for repair; and 3.6.3. gua ra nteed r eplacement during the warranty period; and 3.6.4. life expectancy unde r nor mal use ; and 3.6.5. Failures during the wa rran ty period must be repaired or replaced to the satisfaction of the City; and 3.6.6. the ter m of the warranty. At a minimum, Bidde r/Contractor must wa rrant their Work to be free of significant defects in workmanship and mate r ials for a period of one (I) year and if General Conditions are made part of the contr act documents for this project, at a minimum, Bidder/Contractor must warrant their Work in acco r dance with the wa rranty requirements found in the General Conditions to the Contract. 138 of 19J3 325 DocuSfgn Envelope ID : 624482AD -D F7B-43C3-86E6-3511530528C4 If equipment is being provided, the standard manufacturer's warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City. 3.7. DOCUMENTATION. A prerequisite to final payment is the execution and delivery to the City of all documents required by any governmental agency, including the City. Such documentation includes documentation for the conveyance of any property or facilities that are the subject of this Project. SPECIAL NOTE A BID GUARANTEE BOND AND A PERFORMANCE AND PAYMENT BOND ARE NOT REQUIRED FOR THIS PROJECT. END OF SECTION 3 13J of 19J3 326 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 SECTION 4. BID FORM PACKAGE As provided [n the RFQ, the following items must be attached to this Bid: FORMS STATUS Form I -Bid Form Package Acknowledgement ✓ Form 2A. Bidder's Certification (if Company or Corporation) -✓ Form 2B. Bidder's Certification (if Partnership) ✓ Form 3. Single Execution Affidavits ✓ Form 4. Dispute Disclosure ✓ Form 5. Certification Regarding Debarment, Suspension, & Other Respons ibility Matters ✓ Primary Covered Transactions Form 6. Bidder's Qualifications Survey ✓ Form 7. Bid Form/Schedule of Values ✓ Form 8. Reference List ✓ ATTACHMENTS This compet1t1ve solicitation incorporates the following attachments, which shou ld be reviewed thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation. The City is attaching the following Attachments : Attachment A. Attachment B: Attachment C: Sample Contract Declaration /Affidavit of Representation Design Plan and Specifications, Municipal Garage Double Tee Flange Connection Repairs prepared by Kimley Horn dated September 27, 2023. 128 of 19J3 327 DocuSfgn Envelope ID : 62 4482AD-DF7B-43C 3-86E6-35 11 530528C4 FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS hereby propose to furnish t he goods and serv ices specified in the Invitation to Bid, RFQ No. FN2023-015. I agree that my Bid w ill remain firm for a period of 180 days after opened by the City in order to allow the City adequate time to evalua t e the Bid. I certify that all information contained in this Bid is truthful to the best of my knowledge and belief. further certify that I am duly autho rized to subm it this Bid on beha lf of t he Firm named as the Proposi ng Firm and that said Firm is r eady . willing, and able to perform if awa r ded the Agreement. I further certify, under oath, that this Bid is made w ithout prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation subm itting a Bid; no officer, emp loyee or agent of the City of South Miami or any other Bidder has an interest in said Bid. Furthermore, I certify that the undersigned executed this Bid Form w ith fu ll knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Bidder acknowledges receipt of all Addenda issued by the C ity in connection with the RFQ (Check the box next to each addendum rece ived). Addendum I --- Addendum 2 --- Addendum 3 --- ___ Addendum 4 Addendum 5 ---- ___ Addendum 6 ___ Addendum 7 ___ Addendum 8 ___ Addendum 9 ___ Addendum I 0 Attached hereto are the following forms/documents which form a part of this Bid: Form I. Form 2A. Form 2B . Form 3. Form 4. Form 5. Form 6. Form 7 . Form 8. Bid Form Package Acknowledgement. Bidder's Certification (if Company or Corporation) Bidder's Certification (if Partnership) Single Execution Affidavits Dispute Disclosure Certification Regarding Debarment, Suspens ion, & Other Respons ibility Matters Primary Covered Transactions Bidder's Qualifications Survey Bid Form Reference List 129 of 19J3 328 DocuSign Envelope ID: 624482AD-DF7B-43C3-86E6-3511530528C4 FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) AD Restoration & waterproofing LLC NAME OF BIDDER FIRM ~-~ -'~ oa..:, RE'ef'BIDDER Alexander Ortiz -President NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS 8075 NW 104th Ct, Doral FL 33178 ~ 893-5544 TELEPHONE NUMBER State of Florida County of Miami Dade The foregoing instrul]ent was acknowled~ed before me by means of ~ ~sical presence o r _ online notarization, this ~ day of O C.-i'O b ev 20 23 by A Q OO~Y Or4' :e (n\lme .of person) as Ccinw:aG.-tov ( e of authoritx) for C( 5c>~ H.IQO\\ (name of party on behalf of whom instrument is '4W jJ .... tit 210U7 • X Personally known to me; or ___ ,Produced identification (Type of Identification: ______________ _, --~Did take an oath; or ___ Did not take an oath 22 of79 130 of 193 329 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 FORM 2A BIDDER'S CERTIFICATION (if Company or Corporation) CERTIFICATE STATE OF ) ) ss COUNTY OF ------ HEREBY CERTIFY that a meeting of the Board of D i rectors of a corporation or company existing under the laws of the State of ___________ _ held on ___________ , 2023, the following resolution was duly passed and adopted: (SEAL) RESOLVED, that, as ______ of the Corporation/Company, be and is hereby authorized to execute the Bid dated, _____ , 2023 to the C ity of South Miam i for RFQ No. FN2023- l 5 City of South Miami Municipal Parking Garage Project, and that this execution thereof, attested by the Secretary of the Corporation/Company, and with the Corporate/Company Sea l affixed, shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in fu ll force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the officia l sea l of corporation/company on this the ______ of _____ , 2023. Secretary 111 of 19J3 330 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 (if Partnership) CERTIFICATE STATE OF ------ COUNTY OF FORM 2B BIDDER'S CERTIFICATION ) ) ss ) I HEREBY CERTIFY that a meeting of the Partners of _________ _ --------------------------------' a partnership existi ng und er the laws of the State of____________ held on _________ , 2023, the following reso lution was du ly passed and adopted: "RESO LV ED , that as _____________________________ of the Partnership , be and is hereby authorized to execute the Bid dated _______ , 2023, to the City of South Miam i for RFQ No. FN2023-IS CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS from this partnership and that his exec utio n of thereof, attested by the sha ll be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this __ , day of ____ , 2023. Secretary (SEAL) 13a of 19J3 331 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 FORMl SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS, THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A BIDIBID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE: By ; _____________________________ _ For (Name of Proposing or Bidding Entity): AD Restoration & waterproofing LLC Whose bus iness address is : __ s_o7_S_N_w_l_0_4_t_h _c_t_,_o_o_r_a_7 _F_L_3_31_7_8 _________ _ And (if applicable) its Federal Employer Identification Number (FE IN) is: _9_2_-1_9_3_7_38_3"_ (if the entity does not have an FE IN. i nclude the Social Security Number of the individual signing this sworn statement. SS#: ________________ _ Americans with Disabilities Act Compliance Affidavit T he above named firm, corporation or organization is in compliance w ith and agrees to continue to comply with. and assure tha t any subcontractor, or third party contractor under this project comp li es w ith all applicable requirements of the laws listed be low incl uding, but not limited to, those provi sions pertain ing to employment, provision of programs and services, t r ansportation. communications. access to facil ities. renovations, and new construction. • The American with Disabilities Act of 1990 (ADA). Pub. L IO 1-336., I 04 Stat '327, 42 USC 1210 I I. 22 13 and 4 7 USC Sections 225 and 661 i ncluding Title I. Employment; Title II, Public Services; Title Ill . Public Acco mmodations and Services Operated by Private entities; T itle JV , Telecommunications; and Title V, Miscellaneous Provisions . • The Florida Americans with Disabilities Access ibil ity Implementation Act of 1993. Section 553.501-553.513. Florida Sta tutes : • The Rehabilitation Act of 1973 , 229 USC Section 794: • The Federal Transit Act, as amended 49 USC Section 1612· • The Fair Housing Act as amended 42 USC Section 3601-363 1. r=os B~1r~. 1itia ls 113 ofl9J3 332 DocuSfgn Envelope ID : 624482AD-DF7B -4 3C3-86E6-351 1530528C4 Public Entity Crimes Affidavit I understand t hat a "pu bl ic entity crime" as defined in Paragraph 287 .1 33 ( I )(g), Florida Statutes , means a violation of any state or federal law by a person w ith respect to and directly relate d to the transaction of business with any public entity or w ith an agency or political subd ivis ion of any other state or of the United States, including but not limited to, any bid o r contract for goods or services to be pr ovided to any public entity or an agency or pol itical subdivision of any other state or of the United Sta tes and involving antitrust, fraud, theft, bribery. collusion, racketeering, conspiracy, or material misrepresentations. I understand that ''convicted" or "convict ion" as defined in Pa ragraph 287.1 33( I )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, w ith or w ithout an adjudication of gu ilt, in any federal or state trial court of record relating to charges brought by ind ictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287 .133( I )(a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlli ng interest in another person, or a pooling of equipment or income among persons when not for fa i r market va lue under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a pub li c entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133( I )(e), Flor ida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the lega l power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or app li es to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked be low, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) D Neither the entity submitting this sworn statement, nor any of its officers, d irectors , executives , partners, shareholders, employees, members, or agents who are active i n the management of the entity, nor any affiliate of the entity has been charged w ith ad convicted of a public entity crime subsequent to July I , 1989. D The entity submitting this sworn statement, or one or more of its officers, directors, executives , partners, shareholders, employees , members , or agents who are active i n the management of the entity, or an affiliate of the entity has been charged w ith and convicted of a public entity crime subsequent to July I, 1989. D The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners , shareholders , employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged w ith and convicted of a public entity crime subsequent to July I , 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the fina l Order entered by the Hearing Officer determined that 1 l-6 of 19J3 333 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor lis t (attach a copy of the final order). I understand that the submission of this form to the contracting officer for the public entity identified in paragraph I above is for that pub li c entity only and that this form is valid through December 31 of the calendar year in which it is filed. I also understand that I am required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287.017. Florida Statutes ~r c~otr: 1 two of any change in the information contained in this form. No Conflict of Interest or Contingent Fee Affidavit Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Bidder also wa rrants that neither it nor any princi pal , employee, agent, representative nor family member has procured or attempted to procure this contract in v iolation of any of the provisions of the Miami-Dade County and City of Sou th Miami conflict of interest or code of ethics ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be sr:::d for the performance of this contract. ~ Business Entity Affidavit- Bidder hereby recogn izes and certifies that rio elected official, board member, or employee of the City of South Miami (the " C ity'') shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction. and further, that no City ·employee, nor any elected or appointed officer (including City board members) of the C ity, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner. officer, director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination. may have a material interest in the Vendor or Bidder. Material interest means direct or ind irect ownership of more than 5% of the total assets or capital stock of the Bidder. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder recognizes that with respect to th is transaction or bid, if any Bidde r violates or is a party to a violation of the ethics ordinances or ru les of the City, the provisions of Miami-Dade County Code Section 2-1 1.1, as applicable to City, or the provisions of Chapter 112, part Ill, Fl a. Stat., the Code of Ethics for Public Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for goor_;;ervices to City. ~ Anti-Collusion Affidavit I . Bidder/Bidder has pe rsonal knowledge of the matters set forth in its Bid/Bid and is fully informed respecting the preparat ion and contents of the attached Bid/Bid and all pertinent circumstances respecting the Bid/Bid ; 1lS of19J3 334 IDocuSfgn Envelope ID ; 624482AD-DF7B-43C3-86E6-3511530528C4 2. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid: and 3. Neither the Bidder/Bidder nor any of its officers, partners, owners, agems, representatives, employees, or parties in interest, including Affian t, has in any way colluded, conspked, connived, or agreed, directly or indirectly with any other Bidder/Bidder, firm, or person to submit a co llus ive or sham Bid/Bid, or has in any manner. directly or indirectly. sought by agreement or collusion or communicat ion or conference with any other Bidder/Bidder, firm, or person to fix the price or prices in the attached Bid/Bid or of an y other Bidder/Bidder or to fix any overhead, profit, or cost element of the Bid/B id price or the Bid/Bid price of any other Bidder/Bidder. or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person c~~s:ed in the proposed Contract. Scrutinized Com an Certification I . Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that ma)' result from this rfq at its sole option if the Bidder or its subcontractors are found to have submitted a false certification: or if the Bid der, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this RFQ is for more than one million dollars, the Bidder certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the )ran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as ident ified in Sect ion 287.135, F.S. pursuant to Section 287.135. F.S., the City may immediately terminate the Agreement that may result from this RFQ at its sole option if the Bidder, its affiliates, or its subcontractors. are found to have submitted a false certification; or if the Bidder, its affiliates, or its subcontractors are placed on the Scrutin ized Companies with Activities in Sudan List , or Scrutinized Compan ies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 3. The Bidder agrees to observe the above requirements for applicable su bcontracts entered into for the pe1formance of work under the Agreement that may resu lt from this RFQ. As provided in Subsection 287.135(8), F.S ., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative . Bidder Initials Dru -Free Work lace Affidavit Bidder hereby recogn izes that, pursuant to F.S. § 287.087, preference shall be given to businesses with drug-free workplace programs when two bids/Bid are equal with respect to price, quality. and service. Bidder understands that in order to qualify as a drug-free workplace, Bidder must: a) Pub lish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against ernployees for violations of such prohibition. 138 of19J3 335 DocuSfgn Envelope ID : 624482AD-DF7B-43 C3-86E6-351 1530528C4 b) Info rm employees about the dangers of drug abuse in the workplace, the Bidder's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation. and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. l) Give each employee engaged in providing commodities or contractual services under the RFQ a copy of the statement specified in subsection (I). 2) Notify employees that, as a condition of working on the commodities or contractual services under the RFQ, the employee must abide by the terms of the statement and will notify the employer of an y conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 3) Impose a sanction on, or require the satisfactory participation in a drug abuse asslstance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 4) Ma k e a good faith effort to continu e to maintain a drug-free workplace through the implemen tation of this section. Based on information and be lief, the statement, which I have -marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) tJ The entity submitting this sworn statement is a drug-free workplace and is in fu ll compliance With the requirements set forth under F.S. § 287.087 . D ~~, entity submitting this sworn statement is not a drug-free workplace. Bid ~1~tials City Non-Discrimination Requirements Affidavit Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will not enter into or award a contract to an entity engaged in a boycott. Bidder understands that '"Boycott" as defined under Section 3-1 . I of the Code of the City of South Miami means to blacklist, divest from, or otherwise r-efuse to deal with a nation or country, or to blacklist or otherwise r efuse to deal with a person or entity when the action is based on race, color, national origin. religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a discriminatory manner. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments t hat are specifically authorized or required by federal law or state law. Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1 , I of the Code o~'i,O'Y of South Miami. Bd~1itials Acknowledgment. Warranty. and Acceptance 1lJ of19J3 336 DocuSfgn Envelope ID: 624482AD -DF7B-43C3-86E6 -351 1530528C4 I. Contractor w arrants t hat it is w illing and ab le to comp ly w ith all applic able state of Florida laws, r u les a nd regu lations. 2. Cont r actor warrants t hat it has r ea d, understan ds, and i s willing to compl y w ith all r eq ui rements of RFQ No. FN2023 -1 5 and any ad dendum/adden d a re lated thereto. 3. C ontractor w arrants that it will not delegate or subcontract its responsib ili t ies under an agreement without the pdor written permiss ion of t he C it y C ommission or C ity Manager, as ap plicable. 4. Contractor w arrants th at all in fo rma ti on provided by it in connecti on w ith this Bid is true an d %~urate. B8~1itial s [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 138 of19J3 337 DocuSign Envelope ID: F0158458-16EF-4FD6-8015-A6F4709638D1 Si n--_, sealed and delivered by: OCUS1.gnHby: ..A-~ o..:e.:., Wi Juan Colon ,tifl~7_. A exan er Ort, z Title: -President e: Jorge Jimenez ACKNOWLEDGMENT State of Florida County of Miami Dade The foregoing instrument was acknowledged before me by means of X. physical presence or_ online notarization, this \'2,th day of Cc.Job-er , 20l2!_. by ~ - _ (~ame pf person) as C.On:tt:4C.-¼Oy (type of authority) for r ~ ~\\ Mi.am,L(name of party on behalf of whom instrument is ex~~~u..--------.,- 270851 ypeas )<.. Personally known to me; or ___ Produced identification (Type of Identification: ______________ _, ___ ,Did take an oath; or ___ Did not take an oath 31 of79 139 of 193 338 DocuSign Envelope ID: 624482AD-OF78-43C3-86E6-35 11530528C4 FORM4 DISPUTE DISCLOSURE Answer the following questions by placing an "X" after '"fes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. I . Has your finn or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) yearsl YES _____ NO __ x __ _ 2. Has your firm, or any member of your firm , been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES _____ NO __ x __ _ 3. Has your firm had against it or filed any requests for equitable adjustment. contract claims, Bid protests, or litigation i n the past five (5) years that is related to the services your firm provides in the regular course of business? YES ____ NO ,< If yes. state the nature of the request for equitable adjustment. contract claim, litigation, or prate.st, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved . I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid or Bid for the City of South Miami. ACKNOWLEDGMENT State of Flor~ County of ~ OM• D:,re The foregoing instru~t was acknowledged before me by means o ~ ~ysical presence or ,□ online notarization, this ~ day of O ~ ~ 20__22 by A~)( ()l()G\e i--O~e. l ({l.ame 9f person) as C.00::W '1 c;.:,tv: (type of authority) forC H:'':\ do ~~h l'-\1 ~Nh (name of party on behalf of whom instrument is execut.9 ,_ ___________ __ Kill''l,,_,.-., OAEfQtEN m.E% L Personally known to me; or ___ Produced identification (Type of Identification:. ____________ _, ___ Did take an oath; o r ___ .Did not take an oath 32 of79 140 of 193 339 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 FORMS CERTIFICATION REGARDING Dl:BARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certificatjon is required by the reg~lations implementing Executive Order 12549, Debarment and Suspension , 13 CFR Part 145 . The regulations were published as Part VII of the May 26, 1988 Federal Register (pages f 9160-1921 I). Copies of the regulations are available from local offices of the U.S. Small Business Administration. ( I) (2) The prospective primary participant certifies to the best of its knowledge and belief that it and its pri ncipals: (a) Are not presently debarred , suspended, proposed for disbarment. declared ineligib le, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for comm ission of fraud or a criminal offense in connecti on with obtaining. attempting to obtain, or performing a public (Federal, State , or local) transaction or contract under a public transaction; vio lat ion of Federa l or State antitrust statutes or commiss ion of embezzlement, theft. forgery , bribery, falsificatl on or destruction of records, making false statements, or r ece iving stolen property; (c) Are not presently indicted for or otherwise crimi nally or ci villy charged by a governmenta l ehtity (Federal , State. or loca l) w ith comm ission of any of the offenses enumerat ed in paragraph ( I )(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or loca l) terminated for cause or default. Where the prospective primary partici pant is unable to certify to any of the statements in th is certification, such prospective primary partic ipant shall attach an exp lahation to this Statement of Qualifications. AD Restoration & waterproofing L LC Entity Name: ____________________________ _ Date: ------------- 10/12/2023 By : __ r=_.A....,,.·D....,..0~,,-Sl-,,gn.,..,,•d=-bv.,...: ,,.,,--o_a:v,_· __ _ ~~Aft3P~!3Fc5f~L thorized Representative Alexander Ortiz -President Narne and Tltle of Authorized Representative 141 of19J3 340 DocuSfgn Envelope ID ; 624482AD-DF7B-43C3-86E6-3511530528C4 FORM6 BIDDER'S QUALIFICATIONS SURVEY COMPANY UALIFICATIONS UESTIONNAIRE Please complete this Company Qualifications Questionnaire. By comp leting this form and submitting a response to the RFQ. you certify that any and all information contained in the bid is true, that your response to the RFQ is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a response to the RFQ for the same materials, supplies, equipment, or se r vices , is in all respects fair and w ithout co l lusion or fraud, that you agree to abide by all terms and conditions of the RFQ , and certify that you are authorized' to sign for the Bidder's firm. Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested in formation. In no event shou ld the total page count of all attachments to this Form exceed five (5) pages. Some information may not be app lic ab le; in such instances, please insert "N/A". Alexander Firm Name 8075 NW 104th Ct, Doral FL 33 17 8 Principal Business Address 786-893-5544 Telephone Number alex@adrestoration-wp.com Email Address 92 -1937383 Federal I.D. No. or Social Security Number Miami-Dade Municipal Business Tax/Occupational License No. FIRM HISTORY AND INFORMATION Facsim i le Number How many years has the firm has been in business under its current name and ownersh ip? ~ Please identify the Firm's document number with the Florida Division of Corporations and date the Firm registered/filed to conduct business in the State of Florida: L23000032300 January18,2023 Document Number Date Filed Please identify the Firm's category with the Florida Department of Bus iness Professional Regulat ion (DBPR), DBPR license number, and date licensed by DBPR: Category License No. Date Licensed Pl ease indicate the type of entity form of the Firm (if other, please describe): o Individual o Partnership o Corporation ~ LLC o LL P o Othe r __________ _ Please identify the Firm's primary business: __ c_o_n_c_r_et_e_R_e_s_t_o_ra_t_i_o_n_&_w_a_t_e_r_p_r_oo_f_,_· n_g _____ _ 14a of19J3 341 DocuSfgn Envelope ID : 624482AD-D f7B-43C3-86E6-351 1530528C4 Please identify the number of continuous years you r Firm has performed its primary business:_ Please list all professional licenses and certifications held by the Firm. its Qualifier/Prin cipal, and any Key Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the name of the entity that issued the license or certification: License/Certificati on Name of En t ity Is suing License No. License Issuance Date Type License or Certificat ion Please identify the name , license number, and issuance date of any prior companies that pertain to your Firm: License/Certification Name of Entity Issu ing License No. License Issuance Date Type License or Certification Please identify all individuals authorized to sign for the entity, the i r t itle, and the threshold/level of their signing authority: Authorized Signor 's Name Title Sign ing Authority Threshold (A ll, Cost up to $X-Amount, No Cost, Other) Please identify the total number of Firm employees , managerial/adm inistrative emp loyees, and identify the total number of trades employees by trade (e .g., 20 electricians , 5 laborers, etc.): Total No. of Employees Total No. of Managerial/Administrative Employees Total No. of Trades Employees by Trade INSURANCE INFORMATION Please provide the following information about the Fi rm 's insurance company: PTL Insurance Associates, Inc . Raul Fernandez Insurance Carrier Name 7201 coral way, Miami FL 33155 305 -262 -7094 Insurance Carrier Contact Person auto@ptlinsurance.net Insurance Carrier Address Telephone No. Emai l Has the Firm filed any insurance claims in the last five (5) years! :'ti No o Yes If yes, please identify the type of claim and the amount paid out under the claim: _________ _ FIRM OWNERSHIP Please identif all Firm owners or artners, their title, and ercent of ownershi Owner/Partner Name T itle % 14S of19J3 342 DocuSfgn Envelope 1D: 624482AD-DF7B -43C3-86E6-3511530528C4 Please identify whether any of th e owners/partner~ identified above are owners/partners in another entity: o No o Yes If yes , please id e ntify the name of th e owner/partner, the other entit y's name, and percent of ownership held by the stated owner/partner: Owner/Partner Name Othe r Entity Name Ownership (%) RECENT CONTRACTS Please identify the five (5) most recent contracts in which your Firm has provided services to other pub li c entities: Public Entity Contact Person Telephone No. Ema il Address Date Awarded By signing below, Bidder certifies that the information contained here in is complete and accurate to the best of Bidder's knowledge . Firm:------------------------------------- Authorized Signature : ____________ _ Date: _________ _ Print or Type Name: ____________ _ T itl e: ______ _ 146 of19J3 343 DocuSfgn Envelope ID: 624482AD -D F7B -43C3-86E6 -3511530528C4 FORM7 BID FORM/SCHEDULE OF VALUES RFQ No. FN2023 -15 Bid prices stated in t his Form sha ll in clude all costs and expenses for labor. equipmen t, material s. contractor's overhead, profit. bond and insuranc e, and general cond itions. Payment for this proje ct w ill be based upon completion of the entire project as a Lump Sum contract. ITEM PAY DESCRIPTION UNITS QTY UNIT .AMOUNT ITEM PRICE STRUCTURAL AND WATERPROOFING REPAIRS DTC DT Flange Repairs (install rebar, I clean/coat connections) EACH 66 $ 395 .00 $ 26,070.00 2 FS Concrete Spall Repairs SF 7 $ 125 .00 $ 875 .00 DTJS DT Joint Sealant 3 FT 376 $ 6.00 $ 2,256.00 SUBTOTAL STRUCTURAL AND WATERPROOFING REPAIR ITEMS $29,201.00 ITEM PAY DESCRIPTION UNITS QTY UNIT AMOUNT ITEM PRICE MISCELLANEOUS ITEMS 4 I 01-1 MO Bl LI ZA TION ( I 0%) L.S . I $ 2,920.10_ $ 2,920.10 5 I 02-1 MAINTENANCE OF TRAFF IC L.S. I 5,000 .00 5,000.00 $ 6 TRAFF IC CONTR OL O FF ICER H R 80 4,160.00 $ 52.00 $ 7 CONTINGENCY ( I 0%) L.S . I $4,128.11 $ 4,128.11 SUBTOTAL MISCELLANEOUS ITEMS 16,208.21 $ TOTAL 45,409 .21 $ 14S of19J3 344 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 SUBMITTED THIS 12 PROPOSAL SUBM ITTED BY : AD Restoration & waterproofing LLC Company Alexander Ortiz Name of P ~00s~VJ.l;wrized to Submit Proposal ..A-~ 0 Signature F4A D3CBSF3oc.i21 . -President T itle DAY OF 148 of19J3 October 20~. ----------- 786-893-5544 Telephone Number Fax Number alex@adrestoration-wp.com Email Address 345 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 FORMS REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS . REFERENCE #I Acqualina Resort and Residence on the Beach Public Entity Name: ____________________________ _ Reference Contact Person/Title/Department: _____________________ _ Edmundo Perez I Executive Director of Environmental Eng ineering Contact Number & Email ___ 30_5_._9_1_8_. _so_o_o ____ e_d_m_u_n_do_. p_e_r_e_z_@_ac_q_u_a_l_i_n_a_. c_o_m ______ _ 52 story building Public Entity Size/Number of Residents/Square Mileage: __________________ _ Event(s) Completed {include Name of Project/Event, Date of Event Start/Completion, Details on . I f k/ I . ) Waterproofing on Interti ti a 1 Space, Pedest rian Traffic Membran e Size Scope o Wor Comp exIty concete Restoration sealant Replacement Is the Contract still Activer Yes _x __ No ___ _ 14J of19J3 346 fDocuSfgn Envelope ID: 624482AD-DF7B-43C 3-86E6 -3511530528C4 REFERENCE tn Public Entity Name: ___ G_e_o_r_ge_' s_w_e_l_d_i_n_g ___________________ _ Jorge Amador owner Refe rence Contact PersonfTitle/Department: ______________________ _ Contact Number & Ema il 305.822.2445 lamador@georgeswelding.com ------------------------------- P bl . E · s· /N b f R ·d /S M 'I 6,000 SF o ffi ce Bui 1 ding u 1c nt1ty 1ze um er o es1 ents quare I eage : __________________ _ Event(s) Completed {include Name of Project/Event, Date of Event Start/Compl etion, Detail s on Roof coating, sealant Rep lace ment and concrete Restoration Size/Scope of Work/Complexity) ________________________ _ Is the Contract still Active! Yes x No -------- 148 of19J3 347 fDocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-3511530528C4 REFERENCE #3 SP Plus Parking Public Entity Name: ____________________________ _ Er i ca Ramos Refe rence Contact PersonfTitle/Department: ______________________ _ Contact Number & Ema il 305-989-6612 eramos@spplus .com ------------------------------- Public Entity Size/Number of Residents/Square Mil eage : __ P_a_rk_,_· n_g_G_a_r_a_g_e ___________ _ Event(s) Completed {include Name of Project/Event, Date of Event Start/Completion, Detai ls on Size/Scope of Work/Complexity) ________________________ _ concrete Restoration, Miscellaneous Metal wor k, sealant Replacement and Ba rri e r cables Repairs X Is the Contract still Active! Yes ___ No ____ _ END OF SECTION 4 149 of19J3 348 DocuSfgn Envelope ID : 62 4482AD-DF7B-43C3-86E6-3511530528C4 ATTACHMENT A SAMPLE OF CONTRACT CONTRACT FOR CONSTRUCTION CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this day of 2023 (the "Effective Date") by and between the CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal corporation, (the "City"), and _________ (the "Contractor"). WHEREAS, the City issued A Request for Quote No. FN2023-I 5 (the "RFQ") for construction of the City of South Miami Municipal Parking Garage at 5829 SW 73'd Street, South Miami, FL 33143 {the "Project"), which RFQ is incorporated herein by reference and made a pa rt hereof as Exhibit "A"; and WHEREAS, in response to the City's RFQ, the Contractor submitted a bid for the Project ("Bid"), which Bid is inco rporated herein by reference and made a part hereof as Exhibit "B"; and WHEREAS, Contractor submitted the lowest, respons ive and responsible bid, and was able to mobilize in an expedited manner to complete the emergency repa i rs , in the amount of [$ J in response to the RFQ and was selected and awarded t his Contract pursuant to retroactive Resolution No. TBD for perfo rma nce of the Work (as hereinafter defined); and WHEREAS. Contr acto r has r epresented to the Ci ty t hat it possesses the necessary qualifications, experience and abilities to perform the Work or the Proj ect, a nd has agreed to provide the Wor k on the terms and conditions set forth in this Contract NOW, THEREFORE. in consideration of the mutual covenants and conditions contained herein , the Contractor and the C ity agree as follows: I. SCOPE OF WORK 1.1. Scope of Work. Contractor hereby agrees to furnish all of t he labor, materia ls , equipment, services and inci denta ls necessary to perfo rm all of the work desc rib ed in the Contract Documents (the "Work" or the "Project") includ i ng, w ithout limitati on as described i n the approved plans, drawings and/or specifications prepared by Kimley Horn (the "P roject Consultant") attached hereto as Exhibit "A" (the "Plans") and any other documents incorpor ated herein by reference and made a part of t his Con tract fo r the following Pr oject: CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS 1.2. Pre-Construction Conference. Within fourteen ( 14) calendar days after this Contract is exec uted by both parti es , and before any Work has commenced. a pre-construction conference will be held between the City, the Contractor, and the Project Consultant. The 180 of19J3 349 DocuSfgn Envelope ID : 624482AD-D F7B -43C3-86E6 -3511530528C4 Contractor must su bmit its project schedule and schedule of va lues, if applicable, prior to this conference . 1.3 . Project Schedule. Contractor must submit a proposed Proj ect Schedule as follows : 1.3.1. Schedule must identify the schedule for each location compris ing t he Project. The p r oposed Pr oject schedule must be submitted w ithin ten ( I 0) ca lenda r days from the date this Contract is executed by both parties fo r the r eview an d approval of the Pr oject Consultant or City as applicable. This initial schedule shall establish the baseline schedule for the Project. 1.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a minimum submitted with each pay application. An updated schedule tracked against the baseline must also be submitted upon execution of each Change Order that impacts the Contra ct Time. Failu r e to submit such schedules will result in the rejection of any submitted payment application. 1.3.3. All Project Schedules must be pr epa r ed in Microsoft Project or approved equal by the City. At the time of submission of schedules , Contractor must submit a hard copy as well as an electronic version . Electronic ve r sions must not be submitted in a .pdf format. 1.4. Records. 1.4.1. As-Built Drawings. During the Work, Contractor must maintain records of all deviations from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Reco r d Drawings showing correctly and accurately all changes and deviations made du r ing constr uction to r eflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing t hat the As-Built Record Drawings are co r rect and accurate, including the actual location of all infrastructure, internal piping, and electr ical/signal conduits in o r below the concrete floor (indicating the size, depth, and voltage in each conduit). To record actual constru ction , Contractor must legibly mark on- site str uctures and site Wor k as follows: 1.4.1.1. Depths of va rious elements of foundation in relation to finish first floor datum. 1.4.1.2. All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. Actual installed pipe mate rial , class, etc. 1.4.1.3. Location of internal utilities and appurtenances concealed in the construction, r efe r enced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers , access door s, fans and other items needing periodic maintenance. 1.4.1.4. Field changes in dimensions and details. 1.4.1.5. Changes made by Project Consultant's written instructions or by Change Order. 1.4.1.6. Details not on original Contract Drawings. 1S1 of19J3 350 IDocuSfgn Envelope ID; 624482AD-DF7B-43C3-86E6 -3511530528C4 1.4.1. 7. Equipment, conduit, electrical panel locatio ns . 1.4.1.8. Project Consultant's schedule c hanges according to Contractor's re cords and shop drawings. 1.4.1. 9. Specifications and Addenda : Legibly mark each sectio n to record: 1.4.1.9.1. Manufacturer, trade name, catalog number and Supplie r of each pr oduct and item of equipment actually installed. 1.4.1.9.2. Changes made by Project Consultan t's written instructions or by Change Order. 1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical system and instr umentation system. 1.4.1.1 0.1. As-built documents must be updated monthly as a condition precedent to payment. A final survey signed and sealed by a surveyor must be provided to the City at no additional cost, including digital I (CAD and PDF) versions. 1.4.1.10.2. For construction of new building, or building additions, field improvements, and or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed Registered Lan d Surveyor. 1.4.2. Record Set. Contr acto r must maintain in a safe place one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings , Specifications, amendments, COs, RF ls, and field directives, as well as all written interpretations and clarifications issued by the Project Consultant, in good order and annotated to show all changes made during construction . The record documents must be continuously updated by Contra ctor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions , changes resulting from COs and/or field directives as well as all written interpretations and clarifications, and all concealed and bu ri ed installations of piping, conduit and utility services . Contractor must ce r tify the accuracy of the updated r ecord documents. The record documents must be clean , and all changes , corrections and dimensions must be given in a neat and legible manner in red. Upon Final Completion and as a condition precedent to Contractor's entitlement to final payment, the Reco r d Set must be delivered to the Project Consultant by the Contr acto r. The Reco r d Set of Drawing must be submitted in both hard copy and as electronic plot files. 1.4.3. Construction Photographs. Pri o r to commencement of the Work the Contra ctor must take digital photographs and color audio-video recording to document existing conditions and submit copies in an acceptable format to the City. Contractor must submit with each application for payment photographs that accurately reflect the progress of all aspects of the Wor k. The number of photographs to be taken will be based on the magnitude of the Work being performed. Contractor must submit one copy of each photograph in print and digitally. The photographs must be printed on 8" X IO" high resolution glossy commercial grade and weight color photographic print paper or in a format acceptable to the City. Each photograph must be imprinted on its face with the title of the Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg fo r mat and will be submitted through a file-sharing site (such as Dropbox) or on a CD- 1sa of 19J3 351 DocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-351 1530528C4 ROM or flash drive clearly id entifying the name of the Pr oject, the name of t he Contractor, and the timeframe in which the pictures we re taken. Initial set up prints w i ll be submitted in a th r ee-ri ng binde r with each picture protected by a dear plastic sleeve. Subsequent pri nts are to be submitted in clea r plas tic sleeves t hat can be added to the binder. The t hree-ring binder must be of such size to be able to hold all print pictu res. 1.5. Staging Site. 1.5.1. The Contractor is solely resp onsible for making all arrangem ents for any .staging site(s) that may be necessary for the perfo r mance of the Work and the Contractor is responsible for all site security, including any fencing of the site, and any loss, damage or theft to its equipment and materials. Any fencing of the Staging Site is subject to the prior written approval of the City. 1.5.2. The City at its sole discretion may make a staging site available for use by the Contractor. If such site is made available by the City, the City assumes no responsibility or liability for the equipment or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or theft to its equipment and materials. T he Contractor must restore the site to its pre-existing condition prior to the Contractor's use of the site. 1.5.3. The Contr actor may be required to provide or may choose to use an office trailer for the duration of the Project. The Contractor must have the prior written approval of the City as to the use of any office trailer and the placement location for the office trailer. The Contractor must obtain all required permits from the appropriate regulatory agencies. 1.5.4. No parking is permitted at a City provided staging site without the prior written approval of the City. 1.6. Purchase and Delive e and Installation. All materials must be F.O.B. delivered and included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading and installation of all equipment and material(s). Contractor must make all arrangement fo r delivery. Contractor is liable for replacing any damaged equipment or material(s) and filing any and all claims with supplie r s. All transportation must comply with all federal , state (including FOOT), Miami-Dade County, and local laws , rules and regulations. No materials will be stored on-site without the pr ior w ritten app r oval of the City. 1.7. Approval of Subcontractors. For any scope of work that the Contractor will utilize a subcontr actor, the Contr actor may only retain or utilize the services of the particular subcontr actor with the prior written app r oval of the City Manager, which approval may be granted or withheld in the City Manager's sole and absolute discretion. The Contractor shall provide at least fourteen ( 14) days notice to the City Manager and the Project Consultant of its intent to r etain or utilize a subcontracto r. 1.8. Project Signage. Contr actor must furnish and install two (2) Project signs at the Project Site in accordance with the r equirements provided by the Project Consultant or the City as applicable. 2. CONTRACT TIME 2.1. Contractor shall be instr ucted to commence the Work by written instructions in the form of a Notice to Proceed providing a commencement date and issued by the City Manager or 1SS of 19J3 352 DocuSfgn Envelope ID : 6244 82AD-DF7B-43C 3-86E6-3511 530528C4 designee. The Notice to Proceed will not be issued until Contractor's submission to City of all required documents and after execution of this Contract. 2.2. Time is of the essence throughout this Contract.. The Contractor shall prosecute the Work with faithfulness and diligence and the Work shall be substantiaUy completed within forty- five (45) calendar days from the date specified in the Notice to Proceed ("Contract Time"). Substantial Comptetion shall be defined for this purpose as the date on which City receives beneficial use of the Project. The Work shall be fully completed in accordance with the Contract Documents within forty-five ( 45) calendar days from the date specified in the Notice to Proceed ("Final Completion Time"). The Final Completion date is defined as the date determined by the City when all Work, including punch list items, has been completed in accordance with the Contract Documents and Contractor has delivered to City all documentation required herein. 2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within the Contract Time, Contractor shall pay to City the sum of $980.00 FOR SUBSTANTIAL COMPLETION LI UIDATED DAMAGES for each calendar day after the expiration of the Contract T i me that the Contractor fails to achieve Substantial Completion up until the date that the Contractor achieves Substantial Completion. Upon failure of Contractor to fully complete the Work and achieve Final Completion within the Final Completion Time, Contractor shall pay to City the sum of 980.00 FOR FINAL COMPLETION LIQUIDATED DAMAGES for each calendar day after expiration of the Final Completion Time that the Contractor fails to achieve Final Completion up until the date that the Contractor achieves Final Completion. These amounts are not penalties but are liquidated damages payable by Contractor to City for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining the amount of damages that will be sustained by City as a consequence of Contractor's delay and failure of Contractor to complete the Work on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 2.4. City is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. In case the liquidated damage amount due to City by Contractor exceeds monies due Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City the amount of said excess. 3. CONTRACT PRICE AND PAYMENT PROCEDURES 3.1. Guaranteed Maximum Price. The City shall pay the Contractor an amount not to exceed $ _____________ for the performance of the Work in accordance with the line items and unit prices included in Exhibit "B" (the "Contract Price"). The Contract Price shall be full compensation for all services, labor, materials, equipment, and costs , including overhead and profit, associated with completion of all the Work in full conformity with the Contract Documents and adjusted only by written change orders signed by both parties and approved as required by local law. The Contract Price shall include all applicable sa les taxes as required by law. HU of19J3 353 Do cu Sfgn Envelope ID : 6244 82AD-DF7B-43 C3-86E6-35 11 53052 8C4 3.2. Schedule of Values. The Contractor must submit two copies of schedule of values within ten ( I 0) calenda r days from the date this Contract is executed by both parties. The schedule of values shall indicate a complete breakdown of labor and material of all categori es of Work on the Project. Contractor's overhead and profit must be l isted as separate line items . Each line item must be identified with t he numbe r and title of t he ma jo r specification section o r major components of the items . The Project Consultant or C ity as applicable may require further b r eakdown after review of the Contract o r 's submittal. The City r ese r ves t he r ight t o r equire such information from the Contr actor as m ay be necessary to dete r m i ne t he accu r acy of the schedule of values. The combined total value for mobilization under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Schedule of Values must be incorporated into the Contractor's payment application form. The Contractor guarantees that each individual line item contained in the schedule of values submitted as part of a competitive solicitation shall not be increased without written approval by the City Manager. 3.3. Payment Application Procedures. City shall make progress payments, deducting the amount from the Contract Price above on the basis of Contractor's Applications for Payment on or before twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the City shall be within twenty (20) days after receipt of the Pay Application. Any rejection shall specify the applicable deficiency and necessary corrective action. Any undisputed portion shall be paid as specified above. All such payments will be made in accordance with the Schedule of Values established in the Contract Documents or, in the event there is no Schedule of Values, as otherwise provided in the Contract Documents. In the event the Contract Documents do not provide a Schedule of Values or other payment schedule, Applications for Payment shall be submitted monthly by Contractor on or before the I 0th of each month for the prior month to the Project Consultant. Progress payments shall be made in an amount equal to the percentage of Work completed as determined by the City or City's Project Consultant, but, in each case, less the aggregate of payments previously made and less such amounts as City shall determine or City may withhold taking into account the aggregate of payments made and the percentage of Project completion in accordance with the Contract Documents and Schedule of Values, if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or Pay Application (the "Retainage ") shall be retained by City until final completion and acceptance of the Work by City. In the event there is a dispute between Contractor and City concerning a Pay Application, dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the disputed Payment Application. The City shall reach a conclusion within 15 days thereafter and promptly notify Contractor of the outcome, including payment, if applicable. 3.4. Progress Payment Applications. Each progress payment application submitted to the City must include: 3.4.1. A sworn and certified progress payment affidavit indicating that all laborers, material suppliers, and subcontractors dealing with the Contractor were paid in full as it relates to all Work performed up to the time of the request for payment; 3.4.2. Partial conditional releases or waivers of lien by the Contractor, material suppliers, subcontractors, and any lienors serving a Notice to the City and evidence of proof of 1SS of 19J3 354 DocuSfgn En velope ID: 624482AD-DF7B-43C3-86 E6-3511530528C4 payment of any inde btedne ss i ncu rred wit h r espect to the Wor k of th e Contractor as may be r eq uired by the C ity; 3.4.3. Eviden ce that all Wor k was f ully perfo rm ed as requ ired by t he Con t r act Documents up t o th e ti me of the r equest fo r payment and that t he Wo rk was inspec t ed an d accepted by the City an d any o t he r gove rnm ental authorities r equ ired to i nspect the Work; an d 3.4.4. An updated Project schedule, including a two-week look-ahead schedule, as approved in writing by the City Manager. 3.4.5. All Buy-Out Savings , including suppo r ting documentation relating to the calculation of the Buy-Out Savings. 3.5. Final Payment. Upon Final Completion of the Work by Contractor in accordance with the Contract Documents and acceptance by the City, and upon receipt of consent by any surety, City shall pay the remainde r of the Contract Price (including Retainage) as recommended by the City's Project Consultant and Building Official. Final payment is contingent upon receipt by City from Contractor of: 3.5.1. An affidavit that payrolls, bills fo r materials, equipment, and other indebtedness were paid in full as it r elates to all Work performed under this Contract; 3.5.2. A certificate evidencing that insurance required by the Contract Documents shall remain in effect afte r final payment is made; 3.5.3. A written statement that the Contractor knows of no reason that the insurance will not be r enewable to cover the pe r iod required by the Contract Documents; 3.5.4. Documentation of any special wa r ranties , including, but not limited to, any manufactures' warranties or specific subcontractor warranties ; 3.5.5. Evidence that all Punch List items have been fully completed to the satisfaction of the City; 3.5.6. All previously undelivered manufacturer and subcontractor guarantees, warranties, and manuals and documents required by the Contract Documents ; 3.5.7. Final releases of lien , waive r s of claim, satisfactions of liens or claims , and such other affidavits as may be reasonably required by the City to assure a lien-free and claim-free completion of the Wor k; 3.5.8. Evidence that the Contractor has fully cleaned and restored the site, including removal of all rubbish and debris ; 3.5.9. At least one complete set of as-built plans, reflecting an accurate depiction of Contr actor's Work; 188 of 19J3 355 DocuSfgn Envelope ID : 624482AD-DF7B-4 3C 3-86E6-35 11 530528 C4 3.5.10 .. Such other documents necessary to show that the Contractor has complied with all other requirements of the Contract Documents; and 3.5.1 I. Cost Savings, including supporting documentation used to calculate the Cost Savings. 3.6. Payment Withholding. The City may withhold any paymen t, ,including a final payment, for application to such extent as may be necessary, as determined by the City's Project Consultant. to protect the City from loss for which the Contractor is responsible i n the event that: 3.6.1. The Contractor performs defective Work and such Work has not been corrected, provided that the amount withheld shall be limited to the amount sufficient to cover such defective Work; 3.6.2. A third-party files a claim or lien in connection with the Work or this Contract; 3.6.3. The Contractor fails to make payments properly to subcontractors or suppliers for labor, materials, or equipment which has been paid by the City, provided that the amount withheld shall be limited to the amount sufficient to cover such payments to subcontractors or suppliers for labor, materials, or equipment; 3.6.4. The City has reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 3.6.5. The Contractor, its employees, subcontractors, or agents have damaged the City; 3.6.6. The City has reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover liquidated damages for the anticipated delay; 3.6. 7. The Contractor has failed to progress the Work satisfactorily and/or according to the Contract Schedule; 3.6.8. The Contractor has failed to carry out the Work in accordance with the Contract Documents; 3.6.9. The Contractor has failed to provide requisite releases of lien for each payment application in accordance with the Contract Documents; and/or 3.6.10. Any other failure to perform a material obligation contained in the Contract Documents. 3.7. No Wajver of City Rights. The payment of any Application for Payment by the City, including the final request for payment, does not constitute approval or acceptance by the City of any item of the Work reflected in such Application for Payment, nor shall it be construed as a waiver of any of the City's rights hereunder or at law or in equity. 3.8. Pa ment to Sub-Contractors· Certification of Pa ment to Subcontractors. The term "subcontractor," as used herein, includes persons or firms furnishing labor, materials or equipment incorporated into or to be incorporated into the Work or Project. The Contractor is 1SJ of 19J3 356 DocuSfgn Envelope ID: 624482AD -D F7B -43C3-86E6 -351 1530528C4 required to pa y all subcontractors for satisfactory perfo rma nce of their contracts as a condition precedent to payment to Contractor by the City. The Contractor shall also return all retai nage withheld to the subcontractors within 30 days afte r the subcontractor's work is satisfactorily complete and accepted by the City. 3.9. Cost Savings and Value Engineering. 3.9.1. Cost Savings. In the event the Contractor rebids or renegotiates with any subcontractor to reduce subcontractor costs for the performance of the Work, then the diffe r ence between (i) the sum of the subcon t ractor costs used to establish the Contract Pr ice , as set forth in the Schedule of Values , and (ii) the sum of the revised subcontractor costs , including any ea r ly payment o r similar discounts (the "Cost Savings"), shall revert to the City. The Contra ct Pr ice shall be adjusted in accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised to reflect the new Contract Price. 3.9.2. Value Engineering. Contr actor shall participate in Value Engineering the Contract Documents with the City and the Architect with the goal of finding acceptable means for reducing the cost of the Wor k. Upon acceptance by the City of recommendation for Value Enginee r ing, the Contract Documents shall be modified to reflect such changes. All savings in connection with Value Enginee r ing of the Work shall revert to City. 4. CONTRACT DOCUMENTS 4.1. The Contract Documents, which comp r ise the entire agreement between the City and the Contractor concerning the Work, consist of this Contract for Construction (including any change o r ders and amendments the r eto), the Plans and Specifications attached hereto as Exhibit "A" (the "P lans and Technical Specifications "), the RFQ and any Bidding Documents or procurement documents for the Project, the Contractor's Bid for the Project (including the Schedule of Bid Items-Pricing) attached hereto as Exhibit "B", the Bonds (defined herein), Insurance Certificates, the Notice of Awa r d, and the Notice to Pr oceed, all of which are deemed incorporated into and made a part of this Contract by this reference and govern this Project. 4.2. This Contract incorporates and includes all prior negotiations, correspondence, conve r sations , agreements, o r unde r standings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these Contract Documents t hat are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof sha ll be predicated upon any prior representations o r ag r eements, whethe r o ra l o r w r itten. 4.3. The Contract Documents shall r emain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; howeve r in no ci r cumstances shall the Contractor use , or permit to be used , any or all of such Contract Documents on other projects without the City's prior written authorization. 4.4. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base Agreement." In the event of a conflict between the terms of this Base Agreement and any exhibits or attachments he r eto, or any documents incorporated herein by reference, the conflict shall be r esolved in the following order of priorities and the more stringent criteria for performance of the Wo r k shall apply: 158 of 19J3 357 DocuSfgn Envelope ID; 624482AD-DF7B-43C 3-86E6 -3511530528C4 4.4.1. Fir st Pr iority: Chang,e Order s with later date taking precedence; 4.4.2. Second Priority: Th is Base Agr ee ment; 4.4.3. Thi rd Prio rity: Exhibit "A," t h e Plans and Techn ical Specifications; 4.4.4. Fo u rth Pr iority: Exhibit "B," the Bi d; and 4.4.5. Fifth Prio rity: Contract Documents, excluding t his Base Agreement and Exhibits l is ted in this Section. 5. INDEMNIFICATION 5.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its officers, agents, consultants, and employees, from and against any and all demands, claims, losses , expenses , suits, liabilities, causes of action, judgment or damages, including but not limited to legal fees and costs and through appeal, arising out of, related to, r esulting from, or in any way connected with Contractor's negligence, recklessness, or intentional misconduct in the Contractor's performance or non-performance of this Contr act, Contractor's obligations, or the Work related to the Contract, including but not limited to by reason of any damage to property, or bodily injury or death incurred or sustained by any person, or to injury to or destruction of tangible property or any other property (other than the Work itself) including the loss of use resulting therefrom, caused in whole or in part by any willful , wanton, o r negligent, or grossly negligent acts or omissions of Contr actor, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder o r arises by or is imposed by applicable law and regardless of the negligence of any such party .. Additionally, the Contractor shall defend, indemnify, and hold the City ha r mless from all losses , injuries or damages and wages or overtime compensation due its employees in rendering services pu r suant to this Contract, including payment of r easonable attorneys' fees and costs in the defense of any claim made under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act or any other employment related litigation o r worker's compensation claims under federal, state, or local law. 5.2. The provisions of this section shall su r vive termination of this Contract. 6. INSURANCE AND BONDS 6.1. Insurance. 6.1.1. Contractor shall secure and maintain throughout the duration of this Contract insu ra nce of such types and in such amounts not less than those specified below as satisfacto r y to the City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by Bests Rating and qualified to do business in the State of Florida. Cer tificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured, no late r than ten ( I 0) days after award of this Contract and prior to the execution of this Contract by City and prio r to commencing any Work. Each certificate shall include no less than (30) thirty-day advance w r itten notice to City prior to cancellation, 159 of 19J3 358 IDocuSfgn Envelope ID ; 624482AD-DF7B-43C3-86E6-351 1530528C4 termination , or material alteration of said policies or insurance . The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's insurance. The insurance coverages shall include at a minimum the amounts set forth in this Section 6.1 . 6.1.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit (except for Products/Completed Operations) shall be in the amount of $2,000,000. 6.1.1.2. Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $1 ,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. In order for this requirement to be waived, Contractor must provide proof of exemption from such laws . Information regarding eligibility for an exemption from the State of Florida Workers' Compensation Law is available at: https://www.myflo r idacfo .com/Division/wc/PublicationsFormsManualsReports/Broch u res/ Key-Coverage-and-Eligi bi I ity. pdf. Exemptions may be applied for online through the Florida Department of Financial Services, Division of Workers' Compensation at: https:/ /www.myfloridacfo.com/Division/wc/Employe r/Exemptio ns/ d efault.htm . 6.1.1.3. Business Automobile Liability with minimum limits of $1,000,000 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the -latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include Owned, Hired, and Non-Owned Vehicles. 6.1.1.4. Builder's Risk property insurance upon the entire Work to the full replacement cost value thereof. This insurance shall include the interest of City and Contractor and shall provide All-Risk coverage against loss by physical damage including, but not limited to, Fire, Extended Coverage, Theft. Vandalism and Malicious Mischief. If Builder's Risk insurance is not required for this Project, the City shall selecn this box:□. 6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for an.y portion of the Work damaged, destroyed, lost or stolen until Final Completion has been achieved for the Project, and all such Work shall be fully restored by the Contractor, at its sole cost and expense, in accordance with the Contract Documents. 160 of19J 3 359 DocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6 -3511530528C4 6.1.2. Certificate of Insurance. On or before the Effective Date of this Contract, the Contractor shall provide the City with Certificates of Insurance for all required po licies. Th e Contractor shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Contract, including any extensions or r enewa ls that may be granted by the City. The Certificates of Insu ra nce shall not only name the types of policy(ies) provided, but also shall refer specifically to th is Contract and shall state that such i nsu r ance is as required by t his Contr act. The City reserves the right to inspect and r eturn a certified copy of such policies, upon written request by the City. If a policy is due to expi r e prior to the completion of the Work, renewal Cer tificates of Insu r ance shall be furnished thirty (30) calendar days prior to the date of thei r policy expiration. Each policy certificate shall be endorsed with a provision that not less than thi r ty (30) calendar days' written notice shall be provided to the City befo r e any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the City. 6.1.2.1. Additional Insured. The City is to be specifically included as an Additional Insured fo r the liability of the City resulting from Work performed by or on behalf of the Contracto r in pe rformance of this Contract. The Contractor's insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contr ibute to the Contr acto r's insurance. The Contractor's insurance shall contain a seve r ability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 6.1.2.2. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the City. The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim . 6.1.3. The provisions of this section shall survive termination of this Contract. 6.2. Bonds. Pri or to performing any portion of the Work the Contractor shall deliver to City the Bonds required to be provided by Contr actor hereunder (the bonds referenced in this Section ar e collectively referred to he r ein as the "Bonds "). Pursuant to and in accordance with Section 255.05, Florida Statutes, the Contr actor shall obtain and thereafter at all times during the performance of the Work maintain a sepa r ate performance bond and labor and material payment bond for the Work, each in an amount equal to one hundred percent ( I 00%) of the Contract Pr ice and each in the form provided in the Contract Documents or in other form satisfacto r y to and approved in writing by City and executed by a surety of recognized standing with a rating of B plus o r better fo r bonds up to Two Million Dollars. The surety providing such Bonds must be licensed , autho r ized and admitted to do business in the State of Florida and must be listed in the Fede r al Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting the Scope of the Wo r k, the Contract Price, Contract Ti me or any of the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be Contr acto r's sole r esponsibility, and the amount of each applicable bond 161 of 19J3 360 DocuSfgn Envelope ID: 62 4482AD-DF7B-43C3-86E6 -3511530528C4 shall be adjusted accordingly. If the surety is declared ba nkrupt or becomes i nsolvent or its right to do bus iness in Florida is terminated or it ceases to mee t applicab le law or regulations , the Contractor shall , within five (5) days of any such event, substitute another bond (or Bo nds as applicable) and surety, all of which must be satisfactory to City. As authorized by Section 255.05( I )(a), Florida Statutes, if this Project is exempt from posting of a payment and performance bond, the City shall select this box: 1:81. 7. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES 7.1. In order to induce the City to ente r into this Contract, the Contractor makes the following r ep r esentations and wa rranties: 7.1.1. Contractor represents the following: 7.1.1.1. Contr actor has examined and carefully studied the Contract Documents and the other data identified in the bidding documents, including, without limitation, the "technical data" and plans and specifications and the Plans. 7 .1.1.2. Contr actor has visited the Project site and become familiar with and is satisfied as to the general and local conditions and site conditions that may affect cost, progr ess, performance or furnishing of the Work. 7 .1.1.3. Contr actor is familiar with and is satisfied as to all federal, state and local laws , regulations and permits that may affect cost, progress, performance and furnishing of the Work. Contractor agrees that it will at all times comply with all requirements of the foregoing laws, regulations and permits. 7 .1.1.4. Contr actor has made, o r caused to be made, examinations, investigations, tests and/o r studies as necessary to determine surface and subsurface conditions at or on the site. Contr actor acknowledges that the City does not assume responsibility fo r the accuracy o r completeness of information and data shown or indicated in the Contract Documents with r espect to underground or ground facilities at, contiguous o r near the site or for existing improvements at or near the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations , investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities and improvements) at, contiguous or near to the site or otherwise which may affect cost, progr ess , performance or furnishing of the Work or which relate to any aspect of the means , methods, techniques , sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not conside r that any additional examinations, investigations, explorations, tests , studies o r data ar e necessary for the performance and furnishing of the Wor k at the Contract Pr ice , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.1.1.5. Contr actor is awa r e of the general nature of Work to be performed by the City and others at the site that relates to the Work as indicated in the Contract Documents. 7 .1.1.6. Contra ctor has corr elated the information known to Contractor, infor mation and obse r vations obtained from visits to the site, reports and drawings 16a of 19J3 361 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511 530528C4 identified in the Contract Documents and all additional examinations, i nvestigations, explorations, tests, studies and data with the Contract Documents. 7. I. I. 7. Contr actor has given City written notice of all conflicts, errors, ambigu ities or discrepancies that Contracto r has discove red in the Contract Documents and the written r esolution thereof by City is acceptable to Contactor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7 .1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications and skills to perform the Work and that the Work shall be executed in a good and workmanlike manner, free from defects, and that all materials shall be new and approved by or acceptable to City, except as otherwise expressly provided for in the Contract Documents. The Contractor shall cause all materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project. 7.2. No recovery for changed market conditions. 7.2.1. In entering into the Contract, Contractor represents and warrants that it has accounted for any and all inflation-related events, recession, labor or material shortages, supply chain disruptions, delivery lead time, or price increases that may be caused by local and or national conditions, whether known or unknown at the time of entering into the Contract (the "Market Conditions"). Contractor further specifically represents and warrants that it has considered all impacts and potential impacts, including any current and future supply chain disruptions and labor shortages, associated with the following events: (I) worldwide pandemics including, but not limited to, COVID-19 and Monkey Pox (the "Pandemics") and (2) the current military conflict involving Russia and the Ukraine (the "Ukraine Military Conflict"). Contractor also represents and warrants that in determining time requirements for procurement, installation, and construction completion, Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the Ukr aine Military Conflict, and has included all of those factors in the Construction Schedule and Contract Sum. 7.2.2. Contractor shall not seek any price increases or time extensions relating to or arising from the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict. 7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the Contract Time in connection with any failure by the Contractor to comply with the requirements of this Section. 7.3. Contractor warrants the following: 7.3.1. Anti-Discrimination. Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Contract because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to 16S of 19J3 362 fDocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6 -3511530528C4 perform in a position of employment. and agrees to abide by all federal and state laws regarding non-discrimination. 7 .3.2. Anti-Kickback . Contractor wa rrants that no pe r son has been employed or retained to solicit or secure this Contract upon an ag reemen t or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the City has any interest, financially or otherwise, in the Project. For breach o.r v iolation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the f ull amoun t o f such commission, pe r centage, broker age o r contingent fee. 7.3.3. Licensing. Contractor r ep r esents that it is a properly qualified and licensed contracto r in good standing within the jurisdiction within which the Project is located. Contr actor warrants that it shall have, prior to commencement of Work under this Contr act and at all times during said Wor k, all required licenses from the federal, state, Miami-Dade County, City, o r other governmental or regulatory entity. Contractor acknowledges that it is the obligation of Contractor to obtain all licenses required for this Project, including City building permits. Prior to commencement of the Work, the Contractor shall provide the City with copies of all required licenses. 7.3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times du r ing said Work, all required permits from the federal, state, Miami-Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that are necessary to perform the Work. Contractor acknowledges that it is the obligation of Contractor to obtain all permits required for this Project, including City building pe r mits . Prior to commencement of the Work, the Contractor shall provide the City with copies of all required permits. City building permit fees may be waived for this Project. If permits are required by any other governing body or agency, the Contracto r shall be obligated to pay the fees. 7.4. Defective Work· Warrant and Guarantee. 7.4.1. City shall have the authority to r eject or disapprove Work which the City finds to be defective. If r equi r ed by the City, Contractor shall promptly either correct all defective Wor k o r remove such defective Work and r eplace it with non-defective Work. Contractor shall bear all di r ect, indirect and consequential costs of such removal or corrections including cost of testing laborator ies and personnel. 7.4.2. Should Contractor fail o r r efuse to r emove or correct any defective Work or to make any necessary r epai r s in acco r dance with the requirements of the Contract Documents within the time indicated in writing by the City or its designee, City shall have the autho r ity to cause the defective Work to be removed or corrected, or make such repairs as may be necessa r y at Contra ctor's expense. Any expense incurred by City in making such removals , co r rections or r epai r s, shall be paid for out of any monies due or which may become due to Contr acto r. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declar e Contractor in default. 7.4.3. The Contractor shall unconditionally wa rra nt and guarantee all labor, materials and equipment furnished and Wor k performed for a period of three (3) years from the date of 156 of 19J3 363 DocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-351 1530528C4 Substantial Completion. If, within three (3) years after the date of substantial completion, any of the Wor k is found to be defective or not in accordance with the Contract Documents, Contractor, after r ece ipt of written notice from City, shall pr ompdy correct such defective or nonconforming Work w ith in the time specified by City with0ut cos t to City. Should the manufacturer of any materials and equipment furnished provide for a longer warranty, t he n the Contractor shall transfer such warranty to the City prior to Final Completion. Nothing contained herein shall be construed to establish a pe riod of li mitation with res pect to any other obli,gation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Contractor shall provide and assign to City all material and equipment warranties upon completion of the Work hereunder. 7.4.4. Failure to r eject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 8. DEFAULT TERMINATION AND SUSPENSION· REMEDIES 8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the Work within the Contra ct Time or Final Completion Time as specified in Section 2, or shall perform the Work unsuitably, o r cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Contract Documents o r if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon seven (7) days after sending Contractor a written Notice of Termination, terminate the services of Contractor, exclude Contra ctor from the Project site, pr ovide for alternate prosecution of the Work, app r opriate o r use any or all materials and equipment on the Project site as may be suitable and acceptable, and may finish the Wor k by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Project is completed. All damages, costs and charges incu rred by City, together with the costs of completing the Project, shall be deducted from any monies due o r which may become due to Contractor. In case the damages and expenses so incu rred by City shall exceed monies due Contractor from City, Contractor shall be liable and shall pay to City the amount of said excess promptly upon demand therefo r e by City. In the event it is adjudicated that City was not entitled to terminate the Contract as described he r eunde r fo r default, the Contr act shall automatically be deemed terminated by City fo r convenience as desc ri bed below. 8.2. Termination for Convenience. This Contract may be terminated by the City for convenience upon seven (7) calenda r days ' w r itten notice to the Contractor. In the event of such a termination, the Contr actor shall incu r no further obligations in connection with the Pr oject and shall, to the extent possible, ter minate any outstanding subcontractor obligations. The Contractor shall be compensated for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly submit to the City its Application for Payment for final payment which shall comply with the provisions of the Contract Documents. 8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon seven (7) calendar days' written notice to the Contractor or immediately if suspended in 16S of 19J3 364 DocuSfgn Envelope ID : 62 4482AD-DF7B-43C 3-86E6-351 1530528C4 connect ion with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to additional Contract Time as a non-compensable, excusable delay. 8.4. Termination Due to Lack of Funding. This Contract is subject to the conditions precedent that: (i) C ity funds ar e available, appropriated, and budgeted for the Work, the Pr oject, and/or Contract Price; (ii) the City secu r es and obtains any necessary proceeds, grants, and/or loans fo r the accomplishment of the Work and/o r the Project pu r suant to any borrowing legislation adopted by the City Council relative to the Pr oject; and (iii) City Council enacts legislation which awards and authorizes the execution of this Contract if such is required. 8.5. No Damages for Delay. No claim for damages or any claim, other than for an extension of time shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. 8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of which shall be the subject of any Change Order or Claim and none of which shall be compensated for except as they may have been included in the Contractor's Contract Price as provided in the Contract Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare, negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted Work. 8. 7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation. 8.8. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder and in accordance with this Contract shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 9. CHANGES IN THE WORK 9.1. Change Orders. 9.1.1. Without invalidating the Contract Documents, and without notice to any Surety, the City reserves the right to make increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete the Work in a manner satisfactory to the City. The City reserves the right to order changes, which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract, and which are within the general scope of the 168 of 19J3 365 DocuSfgn Envelope ID: 6244 82AD-DF7B-43C 3-86E6 -3511 530528C4 Contr act Doc uments, and all ·such changes will be authorized only by a change o r der ("CO") approved in advance, and issued in accordance with provisions of t he Contract Documents. 9.1.2. Fo r Contractor initiated change orders, the Contr actor is required to provide the Pr oject Consu ltant w ith a detailed Request for Change O rder ("RCO") in a fo rm approved by the City, which must include the requested revisions to the Contract, inclu ding, but not limited t o , adjustments in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting documentation to demonstrate the reasona bleness of t he RCO. T he City may require Contractor to provide additional data including, but not limi te d to, a cost b r eakdown of material costs, labor costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable, the RCO must include any schedule revisions accompanied by an explanation of the cost impact of the proposed change. Failure to include schedule revisions in an RCO will be deemed as the Contractor's acknowledgement that the changes included in an RCO will not affect the project schedule. 9.1.3. Any modifications to the Contract Wor k, Contract Time, or Contract Price, must be effectuated through a written CO executed by both parties and, if required by the City Code of Ordinances, approved by the City Council. 9.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to proceed on a time and materials basis or make such arrangements as may be deemed necessary to complete the proposed additional Work at the unit prices provided in the Contract Documents. Where the City directs the Contractor to proceed on a time and mate r ials basis, the City shall impose a maximum not-to-exceed amount and the Contr actor must maintain detailed r ecords of all labor and material costs including but not limited to pay r oll r ecords and material receipts. Contractor must demonstrate its costs with sufficient evidence to be entitled to compensation from the City. 9.2. Conti nu in the Work. Contra ctor must continue to perform all Work under the Contract Documents during all disputes or disag r eements with City, including disputes or disagreements concerning an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements. I 0. MISCELLANEOUS I 0.1. No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunde r, without the previous written consent of the City Manager. I 0.2. Contractor's Responsibility for Damages and Accidents. I 0.2.1. Contr actor shall accept full r esponsibility for the Work against all loss or damage of any natu r e sustained until final acceptance by City and shall promptly repair any damage done from any cause. I 0.2.2. Contractor shall be r esponsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. 161 of 19J3 366 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-3511530528C4 I 0.3. Governin Law. This Contract shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in Miami-Dade County, Flori da. I 0.4. Waiver of lury Trial. CITY AND CONTRACTOR KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY. I 0.5. Prevailing Party; Attorneys' Fees. In the event of any controversy, claim, dispute or litigation between the parties arising from or relating to this Contract (including, but not limited to, the enforcement of any indemnity provisions), the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs, expenses, paralegals' fees, experts' fees and attorneys' fees including, but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated with discovery, processing, management, hosting, and production of electronically stored information (ESI). I 0.6. Compliance with laws. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed to be incorporated herein. I 0. 7. Examination and Retention of Contractor's Records. I 0. 7. I. The City or any of its duly authorized representatives shall, for five (5) years after final payment under this Contract, have access to and the right to examine any of the Contractor's books, ledgers, documents, papers , or other records involving transactions related to this Contract for the purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees to comply specifically with the provisions of Section I 19.070 I, Florida Statutes. I 0.7.2. The Contractor agrees to include in any subcontractor contracts for this Project corresponding provisions for the benefit of City providing for retention and audit of records. I 0. 7 .3. The right to access and examination of records stated herein and in any subcontracts shall survive termination or expiration of this Contract and continue until disposition of any mediation, claims, litigation or appeals related to this Project. I 0.7.4. The City may cancel and terminate this Contract immediately for refusal by the Contractor to allow access by the City Manager or designees to any Records pertaining to work performed under this Contact that are subject to the provisions of Chapter I 19, Florida Statutes. I 0.8. Authorized Re resentative. I 0.8.1. Before commencing the Work, Contractor shall designate a skilled and competent authorized supervisor and representative ("Authorized Representative") acceptable to 168 of 19J3 367 DocuSfgn Envelope ID: 62 4482AD-DF7B-43C3-86E6-351 1530528C4 City to represen t and act for Contractor and shall inform City, in writing, of the name and address of such representative together with a clear definition of the scope of his authority to r epresent and act for Contract or. Contractor shall keep C ity informed of any subsequent changes in the foregoing. Such representative shall be presen t or duly represented at the Project site at all times when Work is actually in pr ogress. All notices, determ ina tions, instructions and other communications given to the authorized rep r esen t atives of Contracto r shall be bi nding upon the Contractor. I 0.8.2. The Authorized Rep r esentative, project managers, superintendents and supervisors for the Project are all subject to prior and continuous approval of the City. If, at any time during the term of this Contract, any of the personnel either functionally or nominally performing any of the positions named above, are, for any reasonable cause whatsoever, unacceptable to the City, Contractor shall replace the unacceptable personnel with personnel acceptable to the City. I 0.9. Taxes. Contractor shall pay all taxes , levies, duties and assessments of every nature which may be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds the City harmless from any liability on account of any and all such taxes, levies, duties and assessments. I 0.10. Utilities. Contr actor shall, at its expense, arrange for, develop and maintain all utilities at the Project to perform the Work and meet the requirements of this Contract. Such utilities shall be furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of this Contract. I 0.1 I. Safety. Contr actor shall be fully and solely responsible for safety and conducting all operations unde r this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and damage to property and in full compliance with Occupational Safety and Health Act requirements and all other similar applicable safety laws or codes. Contractor shall continually and diligently inspect all Work, mate r ials and equipment to discover any conditions which might involve such ri sks and shall be solely responsible for discovery and correction of any such conditions. Contractor shall have sole responsibility for implementing its safety program. City shall not be responsible fo r supe r vising the implementation of Contractor's safety program, and shall not have r esponsibility fo r the safety of Contractor's or its subcontractor's employees. Contractor shall maintain all por tions of the Project site and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors performing Wor k comply with the fo r egoing safety requi r ements. I 0.12. Cleaning Up. Contr actor shall , at all times , at its expense, keep its Work areas in a neat, clean and safe condition. Upon completion of any portion of the Work, Contractor shall promptly r emove all of its equipment, construction materials, temporary structures and surplus materials not to be used at or near the same location during later stages of Work. Upon completion of the Work and befo r e final payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment and materials belonging to it o r used in the performance of the Work and Contractor shall leave the Project 11&9 of 19J3 368 IDocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-351 1530528C4 in a neat, clean and safe condition. In the event of Contractor's failure to comply with the foregoing, the same may be accomplished by City at Contractor's expense. I 0.13. Liens. Contractor shall not pe rmit any mecha nic 's, labore r's or materialmen 's lien to be filed against the Project site or any part thereof by reason of any Work. la bor, services or materia•ls supplied or cla imed to have been supplied to t he Projec t. In the event .such a lien is found or cla imed against the Project, Contractor shall within ten ( I 0) days after notice o f the lien discharge the li en or liens and cause a sa tisfact ion of such lien to be recorded i n the public reco r ds of Miami-Dade County, Flo rida , or cause such l ien to be transferred to a bond, or post a bond sufficient to cause the Cler k of the Circuit Court of Miami-Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so discharge or bond the lien or liens within such period as required above, City shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally, City shall ther eafter have the right, but not the obligation , to retain out of any payment then due or to become due Contr actor, one hundred fifty percent ( 150%) of the amount of the lien and to pay City 's reasonable attorneys' fees and costs incurred in connection therewith. I 0.14. Public Entit Crimes Affidavit. Contractor shall comply with Section 287.133, Flori da Statutes, and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any r equired affidavit. I 0.15. Independent Contractor. The Contractor is an independent contractor under the Contract. This Contra ct does not create any partnership nor joint venture. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as office r s, employees, or agents of the City. Personnel policies, tax responsibilities, social secu r ity and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contr acto r. I 0.16. Notices/Authorized Re resentatives. Any notices required by this Contract shall be in w ri ting and shall be deemed to have been properly given if transmitted by hand-delivery, by r egiste r ed or certified mail with postage prepaid return receipt requested, or by a private postal se r vice, addressed to the pa r ties (or their successors) at the addresses listed on the signature page of this Contract o r such other add r ess as the party may have designated by proper notice. I 0.17. Ownership and Access to Records and Audits. I 0.17.1. Contractor acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses , drawings, reports, compiled information, and all simila r o r related information (whether patentable or not) which relate to Services to the City which are conceived, developed or made by Contractor during the term of this Contr act ("Work Product") belong to the City. Contractor shall promptly disclose such Work Product to the City and perfor m all actions reasonably requested by the City (whether during o r after the ter m of this Contract) to establish and confirm such owner ship (including, without limitation, assignments, powers of attorney and other instruments). I 0.17.2. Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Contract. HQ of19J3 369 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 The City Manager or her designee shall. during the term of this Contract and for a period of five (5) years from the date of termination of this Contract, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Contract. Contractor additionally agrees to comply specifically with the provisions of Section I 19.070 I, Florida Statutes. Contractor shall ensure that pub lic records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Contract, and following completion of the Contract until the records are transferred to the City. I 0.17.3. Upon request from the City's custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter I 19, Florida Statutes, or as otherwise provided by 1aw. I 0.17.4. Unless otherwise provided by law, any and all records, -including but not limited to reports, surveys. and other data and documents provided or created in connection with this Contract are and shall r emain the property of the City. I 0.17.S. Upon completion of this Contract or in the event of termination by either party, any and all public r ecords relating to the Contract in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compat,ible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Contract, the Contractor shall destroy any and all dupl icate public records that are exempt o r confidential and exempt from public records disclosure requirements. I 0.17 .6. Any compensation due to Contractor shall be withheld until all records are received as provided herein. I 0.17.7. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Contract by the City. I 0.17.8. Notice Pursuant to Section I 19.070 I (2)(a), Florida Statutes. If THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION Of CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Mailing address: Telephone number: Email: Nkenga "Nikki" Payne, CMC, FCRM 6130 Sunset Drive South Miami, FL 33143 305-663-6340 NPayne@southmiamifl .gov I 0.18. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to r egister with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will H1 of19J3 370 DocuSfgn En vel op e ID: 624482AD -D F7B -43C3-86E6 -351 1530528C4 not en t er i nt o a con t rac t unless each party t o t he contr act registers with and uses t he E- Ve rify system . The con t racting en tity must provi de o f its proof of enroll ment in E-Ve r ify. For instru ctions on how to provi de proof of t he co ntrac t ing entity's partic ipatio n/en r ollment i n E-Ve rify, pleas e visit: https://www.e-verify.gov/faq/how-do-i- provide-proof-of-my-participationenrollment-in-e-verify. By en t ering in t o this Agr eemen t, the Contrac t or acknowledges t hat it has r ead Section 448 .095 , Flo r id a Statu t es ; will co m ply with the E-Ve r ify r eq ui r ements imposed by Se cti on 448.095 , Flor ida Statu t es, including but not limited t o obtaining E-Ve r ify affidav its from su bco ntr act o r s; and has ex ecu t ed the r equi r ed affidavit attached he r eto and incorporated herein. 11. SPECIAL CONDITIONS The following provisions in this Section IO supersede any other provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given t r ansaction and are t r ansaction specific: I 1.1. Unsatisfactory Personnel. I 1.1.1. Contr acto r must at all times enforce strict discipline and good order among its employees and subcontr actors at the Project(s) site(s) and must not employ on any Work any unfit person o r anyone not skilled in the Work to which they are assigned. I 1.1.2. The City may make w r itten r equest to the Contractor for the prompt removal and replacement of any pe r sonnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pu r suant to the requirements of the Contr act Documents. The Contractor must respond to the City within five (5) calenda r days of receipt of such request with either the removal and replacement of such personnel o r w r itten justification as to why that may not occur. The City will make the final dete r mination as to the removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any of such individual(s) does not r equi r e the te r mination or demotion of said individual(s). I 1.2. Hours of Work. Contr actor shall confo r m to and obey all applicable laws , regulations , or o r dinances with regard to labor employed , hou r s of Work and Contractor's general operations. Contractor shall conduct its ope r ations so as not to interfere with or close any thoroughfare, without the written consent of the City or gove rn ing jurisdiction. Work is anticipated to be performed Monday through Friday in acco r dance with the requirements and limitations of applicable law including, without limitation, the City Code of Ordinances. The Contractor shall not perform Wor k beyond the time and days provided above without the prior written approval of the City. I 1.3. Maintenance of Traffic. Wheneve r requi r ed by the scope of Work, by federal , state , or local law, or requested by the City to protect the public health , safety, and welfare, a Maintenance of T r affic ("MOT") must be perfo r med in accordance with the applicable FDOT Index Numbers (600 Se r ies) and as fu r ther stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department of Transportation, FHWA), must be followed in the design , application , installation, maintenance and removal of all traffic control devices, warning devices and ba r rie r s necessary to protect the public and workmen from hazards with the Project limits. Pedest r ian and vehicular t r affic must be maintained and protected at all times. Prior to commencement of the Work, Contr acto r must provide the City with a proposed MOT plan for ria of19J3 371 DocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-351 1530528C4 review. The City may require revisions to the proposed MOT plan . The MOT plan must be updated by the Contractor eve ry two weeks . Failure to provide an MOT plan may result in the issuance of a stop work order. The Contractor will not be entitled t o additional Contract T,ime fo r delays resulting from its failure to provide the required MOT p lan . 11.4. Royalties and Patents. All fees, royalties, and cla i ms for any inve ntion, o r prete nded inventions, or patent of any article, material, arrangement, appliance, or method that ma y be used upon or in any manner be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. I 1.5. Substitutions. Substitution of any specified material or equipment requires the prior written acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient information and documentation to the Project Consultant to allow for a thorough review and determination on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the Contractor's responsibility to meet the requirements of the Contract Documents. The City may require an adjustment in price based on any propose d substitution. 11.6. Severe Weather Preparedness. Dur ing such periods of time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has been given notice of same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as non-compensable, excusable delay. I I . 7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the Work may be fully or pa r tially funded utilizing Coronavirus State and Local Fiscal Recove r y Funds allocated to the City pursuant to the American Rescue Pl an Act ("AR PA "). T awards that end , the Contractor shall be required to comply with all laws , rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Contract Conditions. If compliance with the ARPA Addendum is required, the City shall select this box: □. I 1.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded utilizing funds from the grants listed below (each a "Grant"). Accordingly, the Contractor warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work in accordance with the terms and conditions of the Grant. If the Work will be funded utilizing G ra nt funds, the City shall select this box: □. Grant Title Grant Agreement Exhibit HS of19J3 372 DocuSfgn Envelope ID; 62 4482 AD-DF7B-43C 3-86E6 -3511 530528C4 If the Work will be funded utilizing Grant funds, the City shall select this box:□. I 1.9. DBE Contract Assurance. I I. 9.1. The City affirms it has encouraged women-owned, mino rity-owned, and disadvantaged businesse s of the Project and be responsive to the opportunity of the award of this Contract. I I. 9.2. Contractor, or any subcontractor performing Work under this Contract, shall not disc r iminate on the basis of r ace, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the ter mination of this Contract or such other remedy as the City deems appropriate. I 1.10. Scrutinized Companies. I 1.10.1 . Contr actor ce r tifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately ter minate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontracto r s are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. I 1.10.2. If this Agreement is fo r mor e than one million dollars, the Contractor certifies that it and its subcontr actors ar e also not on the Scrutinized Companies with Activities in Sudan, Sc rutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business ope r ations in Cuba or Syria as identified in Section 287.135, F.S. Pu r suant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contra cto r, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Sc rutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Ira n Petroleum Energy Sector List, or engaged with business operations in Cuba o r Syria during the term of the Agreement. I 1.10.3. The Contractor ag r ees to obse rve the above requirements for applicable subcontr acts ente r ed into for the performance of work under this Agreement. I 1.10.4. As provided in Subsection 287.135(8), F.S ., if federal law ceases to authorize the above-stated contra cting prohibitions then they shall become inoperative. 1M of 19J3 373 DocuSfgn Envelope ID : 62 4482AD-DF7B-4 3C 3-86E6-35 11 530528 C4 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as first stated above. CITY OF SOUTH MJAMI By: ___________ _ Genaro "Chip" Iglesias City Manager Attest: By:------------ Nkenga "Nikki" Payne, CMC, FCRM City Clerk Approved as to form and legal sufficiency: By: ___________ _ Weiss Serota Helfman Cole & Bierman, P.L. City Attorney Addresses for Notice: Genaro "Chip" Iglesias City of South Miami Attn: City Manager 61 30 Sunset Drive South Miami, FL 33143 305-668-2510 (telephone) 305-663-6345 (facsimile) chip@southmiamifl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Lillian Arango, Esq. City of South Miami Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 3 3 I 34 larango@wsh-law.com (email) CONTRACTOR By: ___________ _ Name: -------------- Title: -------------- Entity: _____________ _ Addresses for Notice: __________ (telephone) __________ (email) With a copy to: ___________ (telephone) ___________ (email) HS of19J3 374 DocuSfgn Envelope ID : 624482AD-DF7B-43C3-86E6-351 1530528C4 E-VERIFY AFFIDAVIT In accordance with Sect ion 448 .095, Flori da Statutes, the City requires all contractor s doing business with the City to r egister with and use the E-Verify system to ve rify the work authorization status of all newly hired employees . The City will not ente r into a contract unless each party to the contract r eg isters wi t h and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E- Verify, please visi t: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my- participationenrollment-in-e-verify By signing below, the contracting entity acknowledges that it has read Section 448 .095, Florida Statutes and will comply w ith the E-Verify requirements imposed by it, including but not limited to obtaining E-Ve rify affidav its from subcontractors . □ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. In the presence of: Signed, sealed and delivered by: W itness # I Pri nt Name: Pr i nt Name: -------· ------------ Title: -------------- Witness #2 Pr i nt Name: ______ _ Entity Name: __________ _ ACKNOWLEDGMENT State of Florida County of ______ _ The fo r egoing instrument was acknowl edged befo r e me by means o f □ physical presence or □ online notarization, this __ day of __________ ~ 20_, by ______ _ ______ (name of person) as _____________ (type of authority) for ___________ (name of party on behalf of whom instrument is executed). ___ Personally known to me; or Notar y Public (Print, Stamp, or Type as Commissioned) ___ Produced identification (Type of Identification: _____________ ) ---Did take an oath ; or ___ Did not take an oath 1HI of19J 3 375 DocuSfgn Envelope ID: 62 4482AD-D F7B -43C3-86E6-3511530528C4 NOTICE TO PROCEED Dated: -------~20_ To: Project Name: ______________________________ _ You are hereby notified that the Contr act Ti mes under the above Contract will commence to run on ______ , 2023. By that date, you are to start performing your obligations under the Contract Documents. In acco r dance with Article 2 of the Contract, the dates of Substantial Completion and completion and r eadiness for final payment are _________ , 2023 and _________ , 2023, __ / __ days respectively. Before you may start any Wor k at the site, Article 6 provides that you must deliver to the City ( ___ check here if applicable, with copies to _______ and other identified additional insureds) Certificates of Insu rance in accordance with the Contract Documents. In addition, before you may start any Work at the site, you must: (add any additional requi r ements) CITY OF SOUTH MIAMI By:-------------- Genaro "Chip" Iglesias City Manage r ACCEPTANCE OF NOTICE TO PROCEED INSERT NAME OF CONTRACTOR . By:--------------- Name: _____________ _ Title: _____________ _ Date: _____________ _ HJ of19J3 376 fDocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6 -3511530528C4 EXHIBIT A CITY O F SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS RFQ #FN2023-I 5 CONSTRUCT ION PLANS PREPARED BY: KIMLEY HORN 2 Alhambra Plaza Suite 500 Coral Gables, FL 33 134 Ph; 305/6 73-2025 178 of 19J3 377 DocuSfgn En velope ID : 624482AD-D F7 B-43C3-86E6 -3511530528C4 EXHIBIT B CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS RFQ #FN2023-I 5 CONTRACTOR PROPOSAL 179 of 19J3 378 DocuSfgn Envelope ID : 624482AD-DF7B-4 3C3-86E6-351 1530528C4 ATTACHMENT B DECLARATION/AFFIDAVIT OF REPRESENTATION This Affidavi t is not r equired for compliance w ith the City's Solicitation; however, it may be used to avoid the need to register members of you r presentat ion team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an in d ividual or firm for an oral presentation before a City certification, evaluation, selection, technical review. or similar comm ittee , must list on an affidav it provided by the City staff, all individuals who may make a presentation. The Affidavi t must be filed by w ith the City C lerk 's office at the t ime the a bid or proposal is submitted to the City. For the purpo se of th is solicitation only, the members listed for the presentation team, w ith the exception of any person otherwise required to r egiste r as a: lobbyist, shall not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this Affidavit or un less he or she is reg istered with the C ity Clerk's office as a lobbyist and has paid all applicable lobbyist reg istration fees . Pursuant to Section 92.525(2), Florida Statutes, the undersigned, following declaration under penalties of perjury: --------, makes the Listed below are all individuals who may make a presentation on beha lf of the entity that the affiant represents. NAME TITLE Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically , that the persons listed above are the members of the presentation team of the entity listed below. 180 of 19J 3 379 DocuSfgn Envelope ID: 624482AD-DF7B-43C3-86E6-3511530528C4 ATTACHMENT C "DESIGN PLANS AND CONSTRUCTION SPECIFICATIONS'' Prepared by: Stantec 90 I Ponce de Leon Blvd Suite 900 Coral Gables, FL 33134 Ph: 305/445-2900 Fax: 305/445-3344 181 of 19J3 380..... 00 I\J Q. ..... CD w ·y OF SOUTH MIAMI MUNICIPAL GARAGE .,, l OCATJON MAP SCALE: 1· = 30(1 5829 SW 73rd St South Miami, Florida 33021 DOUBLE TEE FLANGE CONNECTION REPAIRS ~ BID SET SEPTEMBER 27, 2023 PROJECT TEAM O'o'/!'JEfl'S_AGENT CITY OF SOUTH MlAMI C0H''-Cl"URWOJ~"E ::..~~~ P-,1,u,uan .,._.MTiMII.., Southf Miami THE CITY OF PLEASANT LIVING STRUCTURAL ENGINEER KJMLEY-HORN AND ASSOC IA TES, INC C::ONlACI' .HOEI.RAliU!£Z PE 'l~PUZA,SU:TEYII CQRl(.Cio"8t.ES ~lCWIIOA>.113,i P:JC61Ji710i, rllllll ....... "'"1•t.m"""' Sheet List Tobie Shee l Number Sheel Tille --·--· -~· .. -----•1"..----1-t f--1--1-' ,~ • C: : ~ ... 't;; 0 ~-~ :cli •L. ~i ~~ ~ oc,, ~ ~17.3 >-{~' ~ A I I~~-.., :i~,! -·C '.ii E ~i i ~ o! .,r-:1 '1 .. , ~ 9 ~ "'" •1• -.1f 11.li ;~1~:i1! il1 l!l g;IQ tu w I U) 0::: w > 0 () (;~ to: ~Q ~ a:,1:3 ~ ==~ C i~ ~ :,tl D. I~ i i!;"' 1c8 u "">l"!(f-NUUF,(.k C-001 0 " 0 381 II) ~ 0 z .J ~ w z w C) .J ~ ::, t-u ::, 0:: I- ll) j ~ • ~ I ~~ ., :f! ~ .1 ~ D~a .. 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I, .:, 'v'3tl'v' >tt!OM ::10 3d08S dlAJ'v'tl l 73/\37 w 0:::: <( 0::: ~- 0::: ~ Ow' s: 0::: LL 0 0 1- w 0::: _____ -Cl.. w ( Q LL 184 of 193 l~VI~ ~u nos :::1 0 All'J N ~0::1 □ 3l-J Vd 3Nd ~ SSl~d3S NOU.03NNO~ 331 31anoa \ 1/) 3~~ "'Ndl:)INfll"t li'WJW H..LflOS ::10 All:J ! :I t i s ~ ~ ~ d s 1 H I ~ ~ I i n , ' ~ t!! ~ ~ e :rn 383 ;8 ti II t~ ~~ i• 0 -~ ' Ji •i! al 11 jt co 1~ z z , $1 r 0 81 r ~ •i 98- ~2 j" u r ~I lJJ l ~ ~: (/) el~ • ri th ii: cc~ !' --------------= -------------- If !~ 1~. ti l 1tl ' ~~; d ii !I r j ---A m ' I SllVl.3O tl1Vd3tl f--z ~ WI U I ~ LL z ~ ~I z ~ 5 ~ ~ z w ~ ~~ ,~, •' ,,~ ;~i :;t i~ !t -~~ ~i~ UI h . ~ h ~H a. 2 a. w / ~I~ ~lii1 ,,. i ~ ~I ~ C z <: ~ a. w er ~ ~I A ~ ' z ' . ~ ii r U~ 'I ,~1 ii t 8' 1; !~ u ~,, I' 185 of 193 ~~ l'i ';'t"i •1 1nv1~ HJnos ~o .u1::, ~0 ~ 03~Vd3~d S8IVd38 NOl!33N.NOJ 331 31anoo 30'ril:l'll!I 1'D'dl01Nrn~ UWIVf 1-U.OOS JO A.I.JO i'! ~ij,{ ~;·· ·i !iii J ! 1~ • I p ii 1 l ii ,· r 1lil:~ i,ifl-i ! ! ~ II b I"' t • ; J~ jt 'i ·i ~i ' ~. ~! ii i~:;~ 1~~l~i ! ~ j 384 385 DocuSfgn Envelope ID: 624482AD -DF7B-43C3-86E6-35 11530528C4 END OF DOCUMENT 18J of 19J3 EXHIBIT C CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE EMERGENCY REPAIRS CONSTRUCTION PLANS PREPARED BY: KIMLEY HORN 2 Alhambra Plaza Suite 500 Coral Gables, FL 33134 Ph: 305/673-2025 386 387-y OF SOUTH MIAMI MUNICIPAL GARAGE LOCATION MAP SCALE: r = 300' ♦ 5829 SW 73rd St South Miami, Florida 33021 DOUBLE TEE FLANGE CONNECTION REPAIRS BID SET SEPTEMBER 27, 2023 PROJECT TEAM OWNER'S AGENT CITY OF SOUTH MIAMI CONTACT: AURELIO J, CARMENA TES, P.E. 6130 SUNSET DRIVE ~:l~:.tc:a.~1r~3 ACarmenates@southmlllrrM.gr:,, South'''Miami THE CITY OF PLEASANT LIVING STRUCTURAL ENGINEER KIMLEY-HORN AND ASSOCIATES, INC CONTACT: NOEL RAMIREZ, P.E. 2 AI..HAMBAA PL.AZA. SUITE 500 ~~ss, FLORI0.-.3313' noel.,.mlrez@klniey-hom.com Sheet List Tobie Sheet Number Sheet Title =· ---· QIEJ,,IEIIAI.NOTES ··~ l~2-REP-PI.AN •·~ REP.olRDET-'LS -REl'RESEtlfATM:PliOl08 C: '-0 :::c ~ ~ E ::2 i i ~ ~ ~ 'Ii I; Ii ,,; ~ i ~ [ij w I Cl) 0:: w > 0 () 0: f2 C w ~ w 0: a. C-001 < 0 388 389,,,.,, . .,, ,,_, 13) FF EL 11-(/ •GRJC:3 ;?z_!f/,o I~ II I U ~: ··-,,,_, """""-"". ··-,,,_, ~: I U " ~;; ·?~?· II II Tl II :~: ;?l ?M,~ II II IL II :t::§:1; g Is-!i! 66 ,,,.,, --. r;.??~?ff P~ "I "ii " " II 11 11 11 l~l~ :~; 1 .. I EXISTING DOUBLE TEE JOINT (TYP.) -'r1j·1 .,, ' l I . ·1 • .... ~. -~-·-.. l I F\/FI 2 RAMP SCOPE OF WORK AREA ,.,.,, 178'.a' ,.,.,, 13 PT'~• rt.{!• fl.'.{/ :~: :~:1:@: II II " II " /// _Ff El r:.q r.--··1· ti!< ~! SCOPE OF WORK AREAS (REFER TO REPAIR i~ DETAILS ON S-201) " ;(?f,{jl,ff?,J'f?.??i ;3(-' REPAIR I FGEND :~ L __ _, X-X D C: ..... # 0 ~g :c ~~ ~ ~! ,.,_ ~~ ?.'-~-... ,~ -·~ E ~~ •-~I :::-=:: • i ! p, !:a 811:'.l I ~l~I~ ~ ~~ ~ t i :d :::,:::: CL ll'.'. ~o ~ s: <( N LL W ...J O n:: w w <( > CL wO ...J (.) w " ;i;i(i «;;: ~ft «er Saz "10 z.= ::>u ~~ ~~ ,au IW >-'" ::,>-ow "''" ~::, Oo I'.:" [j Cl) ,a er"' o:> ~I o>-w::> ero <{V, a.~ ~o a.I'.: [j S-102 < 0 ~ ~ 390 391@ ~~~r~N DT CONNECTION @ ::~~;8N DT CONNECTION @ ~~~~;.N DT CONNECTION ~ @ ~~1~8G DT CONNECTION