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Home My WebLink AboutBack-Up DocumentsDocuSign Envelope ID: 2DBB4141-62D3-45C5-B46B-150D604641AB CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager /Annie Perez, CPPO, Director/Chief Procurement Officer Department of Procurement RECOMMENDATION: DATE: March 2, 2023 FILF SUBJECT: Recommendation of Award Emergency Repair Services for City of Miami Marinas REFERENCES: Invitation for Bid ("IFB") No. 1599386 ENCLOSURES: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends the award of Invitation for Bid, ("IFB") No. 1599386 to various responsive and responsible Bidders, who have been pre -qualified and will be added to the pool for emergency repair services for the City of Miami Marinas, on an as needed basis. The awarded vendors, contract terms, and amount are shown below: IFB No./Title: IFB No. 1599386, Emergency Repair Services for City of Miami Marinas Contract Amount: Approximately $150,000 per occurrence. Contract Term: Initial term for a period of three (3) years, with the option to renew for one (1) additional three (3) year period. Recommended Vendor: Kearns Construction Company ("Kearns"), and Shoreline Foundation, Inc. ("Shoreline"). BACKGROUND: On December 7, 2022, Procurement, on behalf of Department of Real Estate and Asset Management ("DREAM"), issued IFB No. 1599386, Emergency Repair Services for City of Miami Marinas, on an as needed basis, under full and open competition. On February 8, 2023, at bid closing two (2) bids were received. The bids were evaluated and tabulated following the guidelines published in the bid. Both Bidders were deemed responsive and responsible. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: C eWw Arthur Noriega V, City Manager Date: March 6, 2023 1 15:41:56 EST Andrew Frey, Director, Real Estate and Asset Management Pablo R. Velez, Esq., Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement PR23069 DIVISION OF CORPORATIONS /.org ' �/,DrLPD )��r_r,_fD1 r fuf official Sfffle of Ilurida wt'bsif l@cartment of State / Division of Comorations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation KEARNS CONSTRUCTION COMPANY Filing Information Document Number P01000015810 FEI/EIN Number 77-0615005 Date Filed 02/12/2001 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/11/2018 Principal Address 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Changed: 12/18/2018 Mailing Address 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Changed: 12/18/2018 Registered Agent Name & Address KUVIN, LOWELL J 17 EAST FLAGLER STE 223 MIAMI, FL 33131 Name Changed: 10/10/2016 Address Changed: 05/23/2011 Officer/Director Detail Name & Address Title CEO KEARNS, CHARLES S 4101 BRAGANZA AVENUE COCONUT GROVE, FL 33133 Title CFO KEARNS, JOHN WIII 4101 BRAGANZA AVENUE COCONUT GROVE, FL 33133 Title COO SULLIVAN, JAMES BJR 22550 SW 147 AVE MIAMI, FL 33170 Annual Reports Report Year Filed Date 2021 04/26/2021 2022 04/09/2022 2023 01 /26/2023 Document Images 01/26/2023 -- ANNUAL REPORT View image in PDF format 04/09/2022 -- ANNUAL REPORT View image in PDF format 04/26/2021 --ANNUAL REPORT View image in PDF format 06/29/2020 -- ANNUAL REPORT View image in PDF format 04/23/2019 -- ANNUAL REPORT View image in PDF format 10/11/2018 -- REINSTATEMENT View image in PDF format 02/24/2017 -- ANNUAL REPORT View image in PDF format 10/10/2016 -- REINSTATEMENT View image in PDF format 01/09/2015 -- ANNUAL REPORT View image in PDF format 03/24/2014 -- ANNUAL REPORT View image in PDF format 01/15/2013 -- ANNUAL REPORT View image in PDF format 02/14/2012 -- ANNUAL REPORT View image in PDF format 05/23/2011 --ANNUAL REPORT View image in PDF format 04/26/2011 --ANNUAL REPORT View image in PDF format 09/30/2010 -- REINSTATEMENT View image in PDF format 03/23/2009 -- ANNUAL REPORT View image in PDF format 07/09/2008 -- ANNUAL REPORT View image in PDF format 05/01/2007 -- ANNUAL REPORT View image in PDF format 04/27/2006 -- ANNUAL REPORT View image in PDF format 04/29/2005 -- ANNUAL REPORT View image in PDF format 07/20/2004 -- ANNUAL REPORT View image in PDF format 02/02/2004 -- ANNUAL REPORT View image in PDF format 10/20/2003 -- REINSTATEMENT View image in PDF format 02/27/2002 -- ANNUAL REPORT View image in PDF format 12/17/2001 -- Reg. Agent Change View image in PDF format 02/12/2001 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations DIVISION OF CORPORATIONS 9j wr offiriu! 31uty of Elr ride w?bsife Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation SHORELINE FOUNDATION, INC. Filing Information Document Number J17125 FEI/EIN Number 59-2695595 Date Filed 06/02/1986 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 04/17/1996 Event Effective Date NONE Principal Address 2781 SW 56TH AVE PEMBROKE, FL 33023 Changed: 02/06/2002 Mailing Address 2781 SW 56TH AVE PEMBROKE, FL 33023 Changed: 02/06/2002 Registered Agent Name & Address ROYO, JAMES ADP 1316 NW 127TH AVE SUNRISE, FL 33323 Name Changed: 01/06/2011 Address Changed: 02/06/2002 Officer/Director Detail Name & Address Title DVP REED, BARRY S. 2535 SE 15th Street Pompano Beach, FL 33062 Title DVP MCGEE, JOHN R. 853 NARRAGANSETT LN KEY LARGO, FL 33037 Title DP ROYO, JAMES A. 1316 NW 127TH AVENUE SUNRISE, FL Report Year Filed Date 2021 01 /04/2021 2022 01 /10/2022 2023 01 /04/2023 Document Images 01/04/2023 --ANNUAL REPORT View image in PDF format 01/10/2022 --ANNUAL REPORT View image in PDF format 01/04/2021 --ANNUAL REPORT View image in PDF format 01/06/2020 --ANNUAL REPORT View image in PDF format 01/14/2019 --ANNUAL REPORT View image in PDF format 01/10/2018 --ANNUAL REPORT View image in PDF format 01/05/2017 --ANNUAL REPORT View image in PDF format 01/05/2016 --ANNUAL REPORT View image in PDF format 02/27/2015 --ANNUAL REPORT View image in PDF format 01/13/2014 --ANNUAL REPORT View image in PDF format 01/29/2013 --ANNUAL REPORT View image in PDF format 01/12/2012 --ANNUAL REPORT View image in PDF format 01/06/2011 --ANNUAL REPORT View image in PDF format 01/05/2010 --ANNUAL REPORT View image in PDF format 01/21/2009 --ANNUAL REPORT View image in PDF format 07/09/2008 --ANNUAL REPORT View image in PDF format 04/07/2008 --ANNUAL REPORT View image in PDF format 04/03/2007 --ANNUAL REPORT View image in PDF format 03/28/2006 --ANNUAL REPORT View image in PDF format 04/09/2005 --ANNUAL REPORT View image in PDF format 04/20/2004 --ANNUAL REPORT View image in PDF format 01/23/2003 --ANNUAL REPORT View image in PDF format 02/06/2002 --ANNUAL REPORT View image in PDF format 01/22/2001 --ANNUAL REPORT View image in PDF format 02/07/2000 --ANNUAL REPORT View image in PDF format 02/20/1999 --ANNUAL REPORT View image in PDF format 04/07/1998 --ANNUAL REPORT View image in PDF format 04/11/1997 --ANNUAL REPORT View image in PDF format 08/05/1996 --ANNUAL REPORT View image in PDF format 04/26/1996 --ANNUAL REPORT View image in PDF format 05/01/1995 --ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations or debarred or suspended as set in section 18- 107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSERNAME: KEARNS CONSTRUCTION COMPANY ADDRESS: 2550 S BAYSHORE DR STE 206B MIAMI, FL 33133 PHONE: 305.461.0310 FAX: 305.461.1892 JKEARNS@KEARNSCONSTRUCTION.COM EMAIL: CELL(Optional): SIGNED BY: -; CFO DATE: 02/07/2023 Certifications Legal Name of Firm: KEARNS CONSTRUCTION COMPANY Entity Type: Partnership, Sole Proprietorship, Corporation, etc. S Corporation Year Established: 2001 Office Location: City of Miami, Miami -Dade County, or Other CITY OF MIAMI, MIAMI DADE COUNTY Business Tax Receipt/Occupational License Number: CGC060194 Business Tax Receipt/Occupational License Issuing Agency: CITY OF MIAMI, MIAMI DADE COUNTY Business Tax Receipt/Occupational License Expiration Date: SEPT. 30, 2023 Will Subcontractor(s) be used? (Yes or No) YES If subcontractor(s) will be utilized, provide their name, address, and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): SERLL ELECTRIC, JAMES ANDREWS, ELECTRICAL SUB, 12385 SW 129TH CT Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 01/01/2022). If no addendum/addenda was/were issued, please insert N/A. ADDEND NO. 01 01/09/2023, NO. 02, 01/17/2023, NO. 03 01/25/2023, NO. 04 01/26/2023 If Bidder has a Local Office, as defined under Chapter 18/Article II, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the City of Miami Local Office Certification form? YES OR NO? (The City of Miami Local Office Certification form is located in the Documents Section of BidSync) YES Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: RICKENBACKER MARINA Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 3301 Rickenbacker Causeway, Miami, FL 33149 Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 AABAD MELWANI, 305.361.1900 Reference No. 1: Date of Contract or Sale for above reference no. 1 VARIOUS Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: CORAL REEF YACHT CLUB Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 2484 BAYSHORE DR, MIAMI, FL 33133 Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 JIM VANBUREN, 305.848.1733 Reference No. 2: Date of Contract or Sale for above reference no. 2 VARIOUS Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: DINNER KEY MARINA Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: DANIEL MUELHAUPT, 305.329.4755 Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 3400 PAN AMERICAN DR, MIAMI, FL 33133 Reference No. 3: Date of Contract or Sale for above reference no. 3 VARIOUS Q-TiAtiv of ffliiami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager /f • t"I } ADDENDUM NO. 4 IFB 1599386 January 25, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. Attachments titled "Attachment B — IFB 1599386 Emergency Repair Services for City of Miami Marinas, Bid Price Sheet — Group 1 Federally Funded Projects" and "Attachment C — IFB 1599386 Emergency Repair Services for City of Miami Marinas, Bid Price Sheet — Group 2 Non -Federally Funded Projects" have been deleted in their entirety from the Document Section of BidSync. B. The following are the City's response to questions received from prospective Bidders: Q1. Is there a mark-up cost on materials? Al. Refer to Section 2.28. Parts at Pass -Through Cost of the Solicitation. Q2. Will the Bid be adjusted to include pricing for mobilization cost for crew and barge? A2. Refer to Section 2.10. Spot Market Pricing Procedure of the Solicitation. Q3. Is there an anticipated scope of work for the emergency marine services? A3. Emergency marine services will be solicited on a case -by -case and/or on an as needed basis. Q4. Will the Bid Price Sheets be revised to include engineering, surveys, and permit expenses? A4. Refer to Section A above. Q5. Is a Bid Bond and/or a Payment and Performance Bond required? A5. Refer to Section 2.56 Bid Bond and Payment and Performance Bond of the solicitation. Q6. Will a line item be added to the Bid Price sheets to include barge work, pile replacements, and electrical repair services? A6. Refer to Section A above. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Andrew Frey, Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: KEARNS CONSTRUCTION COMPANY DATE: 02/07/2023 SIGNATURE: 2 10-1-1tvo 'fflir ANNIE PEREZ, CPPO Director of Procurement /f • t"I } ADDENDUM NO. 3 IFB 1599386 ARTHUR NORIEGA V City Manager January 25, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Wednesday, February 8, 2023, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Hans Maichel, Interim Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: KEA�R^NS CONSTRUCTION COMPANY DATE: 02/07/2023 SIGNATURE: �° "� Q-TiAtiv o 'ffliir ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager fif • uu fin ie ADDENDUM NO. 2 IFB 1599386 January 17, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Thursday, January 26, 2023, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. v//Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Hans Maichel, Interim Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: KEARN, S CONSTRUCTION COMPANY DATE: 02/07/2023 SIGNATURE: ° `� 10-1-1tvo 'fflir ANNIE PEREZ, CPPO Director of Procurement /f • t"I } ADDENDUM NO. 1 IFB 1599386 ARTHUR NORIEGA V City Manager January 9, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Wednesday, January 18, 2023, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. A�GZGx� v//nnie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Hans Maichel, Interim Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: KEARNS CONSTRUCTION COMPANY DATE: 02/07/2023 Ix SIGNATURE: d CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. KEARNS CONSTRUCTION The Contractor, COMPANY , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Sign 7tf Contractor/Contractor's Authorized Official Name and Title of Contractor/Contractor's Authorized Official JOHN KEARNS, CFO Date: 02/07/2023 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: [FB 1599386 (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: EMERGENCY REPAIR SERVICES FOR CITY OF MIAMI MARINAS KEARNS CONSTRUCTION COMPANY (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate Iimits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 2550 S BAYSHORE DR STE 20613, MIAMI, FL 33133 Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office A YES El NO for a minimum of forty (40) hours per calendar week? If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer ✓❑ YES ❑ NO ❑ N/A enclosed a copy of the lease? City of Miami: W1 YES ❑ NO ❑ Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? Miami -Dade County: YES ❑ NO Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the ❑✓ YES ❑ NO performance of Bidder/Proposer's business operations? Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section I8-73, of the Code of the City of Miami, Florida, as amended. JOHN KEARNS Print Name (BidderTroposer Authorized Representative) Signature Date 216 -117 C - _� FORM -City of Miami LoCaI office Certification 7/22/2013 STATE OF FLORIDA COUNTY OF O1t�-M 1 ~ NOL Certified to and subscribed before me this 1*1 day of G1 P(aV , 20_L?)__, by or Wry Public State of Rorer (Siatuhd of Notary Public -State of Florida} Yusleidy De CaCaridad // Vazquez Sua►ez t� iVky Commrssstgn HhF 033993 (NOTARY SEAL) q- u S � Qno ODZc' a Z (Name of Notary Typed, Printed, or Stam ea�d) Personally Known Type of Identification Produced OR Produced Identification � 0 FORM -City of Miami Local Office Certification 7/22/2013 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT (this "Amendment") is made and entered into this day of June, 2020, by and between ALIGNED BAYSHORE MARINA LLC, a Florida limited liability company, having an address at 2550 South Bayshore Drive, Suite 208, Miami, FL 33133 ("Landlord"), and KEARNS CONSTRUCTION CO a Florida corporation, having an address of 2550 South Bayshore Drive, Suite 206-B, Miami, FL 33133 ("Tenant"). BACKGROUND A. Landlord and Tenant entered into that certain Bayshore Landing Lease Agreement with an effective commencement date of July 16, 2018 (the "Lease"), pursuant to which Tenant leased approximately 587 rentable square feet of space (the "Premises") located on the second floor of the building at 2550 South Bayshore Drive, Miami, Florida 33133. B. Landlord and Tenant entered into that certain amendment to the Lease, as evidenced by that certain First Amendment to Lease Agreement dated May 18, 2019, (the "First Amendment"). C. The Lease is scheduled to expire on July 31, 2022. D. Tenant now desires to extend the term of the Lease and to make other changes to the Lease, as more particularly set forth below. NOW, THEREFORE, in consideration of the Lease, the extension of the term of the Lease, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged and intending to be legally bound, Landlord and Tenant agree as follows: 1. Term. The Term of the Lease is hereby extended for an additional period of two (2) years (the "Second Extension Term), from August 1, 2022 until July 31, 2024, unless sooner terminated as provided herein or in the Lease. 2. Rent. (a) Base Rent payable by Tenant during the first Lease Year of the Second Extension Term., shall equal Twenty Three Thousand One Hundred Twenty Three and 58/100 Dollars ($23,123.58) payable in monthly installments of One Thousand Nine Hundred Twenty Six and 97/100 Dollars ($1,926.97). (b) Base Rent payable by Tenant during the second Lease Year of the Second Extension Term, shall equal Twenty Three Thousand Eight Hundred Seventeen and 29/100 Dollars ($23,817.29) payable in monthly installments of One Thousand Eight Hundred Seventeen and 77/100 Dollars ($1,984.77). 3. Option to Terminate. Paragraph 4 of the First Amendment is deleted in its entirety and replaced with the terms hereof. Notwithstanding anything to the contrary in the Lease, so long as no Event of Default shall have occurred and be continuing, Tenant shall have the one time right to terminate the Lease (as amended hereby) in its entirety (the "Termination Option"), effective as of July 31, 2022 (the "Termination Date"). Tenant shall exercise its Termination Option only by giving Landlord an irrevocable written notice thereof (the "Termination Notice") not later than six (6) months prior to the Termination Date (i.e., by January 31, 2022). If Tenant timely provides the Termination Notice, then, effective on the Termination Date, the Lease shall terminate and the parties shall have no further obligations to each other except for those that may specifically survive expiration or termination of the Lease, pursuant to the express terms of the Lease. 4. Broker Representation. The parties represent and warrant that there are no brokers with whom they dealt with respect to the negotiation of this Amendment, except for Prime Realty Associates, LLC ("Landlord's Broker"). The party who breaches this representation and warranty shall defend, hold harmless, and indemnify the non -breaching party from any claims or liability arising from the breach. Landlord shall pay the commission due Landlord's Broker. 5. Exculpation. All separate and personal liability of Landlord or any trustee, director, officer, partner, employee or principal (disclosed or undisclosed) thereof of every kind or nature, if any, is waived by Tenant, and by every person now or hereafter claiming by, through or under Tenant; and Tenant shall look solely to Landlord's estate in the Building for the payment of any claim against Landlord. 6. Counterparts and Fax or PDF Signatures. This Second Amendment may be executed by each of the parties hereto in separate counterparts and have the same force and effect as if all of the parties had executed it as a single document. Counterparts to this Second Amendment may be executed and delivered by facsimile or PDF transmission. 7. Full Force and Effect. Except as specifically modified herein, all other terms and conditions of the Lease as modified by the First Amendment shall remain in full force and effect and are hereby ratified, confirmed and Tenant acknowledges that it has no claims, defenses or offsets regarding the performance of Landlord's obligations or its obligations under the Lease as amended. &. Conflict. In the event of any conflict between the terms and provisions of this Second Amendment and the terms and provisions of the Lease as amended by the Frist Amendment, the terms and provisions of this Second Amendment shall, in all instances, control and prevail. 9. Definitions. Unless the context otherwise requires, any capitalized term used herein shall have its respective meaning as set forth in the Lease. 10. Successors and Assigns. This Second Amendment is binding upon and inures to the benefit of the parties hereto and their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of the date fi1 above written. S WITNESS WITNESS LANDLORD: ALIGNED BAYSHORE MARINA LLC, a Florida limited liability company By: Aligned Bayshore Holdings LLC, a Florida limited liability company, its Manager By: Aligned Bayshore Managing Member LLC, a Florida limited liability company, its Manager By. HSK Fifth Avenue its Manager By: Name: c Title: TENANT: a Fld limited liability company, KEARNS CONSTRUCTION CO., a Florida corporation By: C.- s Name: Title: 3 John Kearns From: Renae Asher <rasher@ primemarina.com > Sent: Tuesday, June 16, 2020 2:08 PM To: John Kearns Cc: Jose Hevia Subject: Kearns - 2nd amendment to lease - Jun 2020 Attachments: Kearns Lease - 2nd amendment to lease - Jun 2020.docx Hi John, Attached is a second amendment to your lease, extending it through July 31, 2024 as discussed with Jose. The original option to terminate in 2021 is being removed, and replaced with an option to terminate in July 2022. Please read through and if all looks fine, please sign and send back to us for countersigning. Let me know if you have any questions. Thank you, Renae CITY OF MIAMI FY22-23 �v`TA' y� ISSUED: n c�,, o * BUSINESS TAX RECEIPT Sa0ntos2022 borna R Director, Code Compliance BUSINESS NAME: I KEARNS CONSTRUCTION COMPANY DBA: BTR HOLDER NAME: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: RECEIPT NUMBER: KEARNS CONSTRUCTION COMPANY 2550 S BAYSHORE DR 206B Effective Year Oct. 1 2022 Thru Sep. 30 2023 161203 185372 COMMENTS: ADMINISTRATIVE OFFICE RESTRICTIONS: This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any licenseor permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. ❑� ❑� r • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. r = rr TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. M �7'r www.miamigov.com CITY OF MIAMI CERTIFICATE OF USE FIRE SAFETY PERMIT BUSINESS NAME: KEARNS CONSTRUCTION COMPANY DBA: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: CERTIFICATE NUMBER: r IR COMMENTS: RESTRICTIONS: 2550 S BAYSHORE DR 206B 2023-09-30 161203 1811002613 APPROVED USE(S): CU06 -General Commercial - Office FY 22- 23 ISSUED: Nov 30 2018 1>4=F_F_1=19]M1W_\A9:1Me] 4:i9Idley-Ad d=1I►W.W416]►M2K116111PSt0101_riEel ► WIN t614POW9►14V%\9]9]:7*14 FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com 007W Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT A BILL -DO NOT PAY 5342050 LBT BuSIN€SS NAMMCATION RECEIPT NO. EXPIRES KEARNS CONSTRUCTION COMPANY RENEWAL SEPTEMBER 30, 2023 2550 SOUTH BAYSHORE DR STE 206 B 4363131 Must be dispiayed at place of business MIAMI FL33133 Pursuant to County Code Chapter BA - Art 9 & 10 OWNER s€C. TYPE OF BUSINESS PAYMEV REGERIEO KEARNS CONSTRUCTION COMPANY 196 GENERAL BUILDING CONTRACTOR BYTAX COLLECTOR C/O JOHN KEARNS CGCO60194 $45.00 07/28/2022 Worker(s) 1 CHECK21-22-057697 This Local Business Tax Receiptenly confirms payment ofthe Local Business Tax, The Receipt is not a license, permit or a certification of the holder"squalificatimu, to do business. Holder mast comply with any governmental or nongovetumental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit wuvwmiamidade.aovAaxcoReEtor .r—.... �+CMTICI^ ATC ^E7 1 1 A M11 ITV IAI92%1 1M A 1110 f �J►� ZJ V L_ 1\ 1 11 1 V! 1 I L_ Will L 1 r% LJ I L 1 1 1 1 1 r V V 1 \/'11 r V L_ DATE (MM/DD/YYYY) r. 01 /11 /2023 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Trinity Inv. Inc b/d/a Trinity Insurance 4000 Hollywood Blvd Ste 555-S Hollywood, FL 33021 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 305-TRINITY (874-6489), 954-829-5978, 954-613-3601 Fax: 954-206-5978, Email: bgloria@trinityinv.net INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: continental insurance Company 35289 Kearns Construction Company INSURER B: American Longshore Mutual Assn (ALMA) uSLwcreat American Ins Co (FL State Act) 2550 South Bayshore Drive, Suite 206-B Coconut Grove, FL 33133 INSURER c: National Fire Insurance Cc of Hartford 20478 INSURER D: Liberty Mutual Insurance Company FLORIDA DBPR LICENSE #CGC060194 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 11 CLAIMS MADE u • ' OCCUR ML 9780064* Blanket Additional Insured, Waiver of EACH OCCURRENCE $ 1,000,000 A AGE ToRETE PREM SES (Ea occurence) $ 250,000 IVIED EXP (Any one person) $ 10,000 * Y ✓ Blanket Additional Insureds Subrogation, Primary Non -Contributory, Per Project Aggregate "When 03/29/2022 03/29/2023 PERSONAL 8, ADV INJURY $ 1,000,000 Includes XCU GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER : PRODUCTS - COMP/OPAGG $ 1,000,000 required by written contract" POLICY �/ PROJECT n LOC Deductible BIPD ea claim $2,500 C AUTOMOBILE LIABILITY ANY AUTO BUA6023678054 * Blanket Additional Insured, COMBINED SINGLE LIMIT (Ea accident) $ 1 ,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS Waiver of Subrogation, Primary Non -Contributory HIREDAUTOS NON -OWNED AUTOS "When required by written contract 03/29/2022 03/29/2023 (Perraccdent)DILY RY $ *Y ky �/ *Blkt Addl Insured, Waiver of Subrogation PROPERTY DAMAGE (Per accident) $ ✓ Primary Non -Contributory GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ EAACC OTHER THAN $ ANY AUTO $ AUTO ONLY. AGG D EXCESS/UMBRELLA LIABILITY 7 OCCUR CLAIMS MADE ATAA1 SP8007 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 Follow Form/Drop Down $ INCL 03/29/2022 03/29/2023 "Scheduled Vessels" $ ONLY DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY FL: Great American Ins Co ✓ TORY LIMITS ✓ ER USL&H E.L. EACH ACCIDENT $ 1,000,000 ** ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? No If yes, describe under SPECIAL PROVISIONS below #WC308605102 AND USL&H: ALMA #ALAM02175-03 **Blanket Waiver of Subrogation "when required b written contract" q Y 03/29/2022 03/29/2023 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ OTHER A Protection & Indemnity Vessel Liability (P&I) FOR SCHEDULED VESSELS ONLY H 0877068 *Blanket Additional Insured,Waiver of Subrogation, Primary Non Contributory when required bywritten contract 03/29/2022 03/29/2023 $150,000.00 per occurrence. **30 Days Advance Notice of Cancellation EXCEPT for Non -Payment of Premium 10 Days CERTIFICATE HOLDER CANCELLATION City of Miami, Procurement Dept SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn: Teresa Soto DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN Miami Riverside Center NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 444 SW 2nd Avenue, 6th Floor IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Miami, FL 33130 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Gloria J. Bravo, CIC ACORD 25 (2001/08) CEYACORD CORPORATION 1988 ENDORSEMENT NO. Date of Issuance 03/29/2022 THIS ENDORSEMENT, EFFECTIVE 03/29/2022 FORMS A PART OF POLICY NO. ML 9780064 OF THE Continental Insurance Company ISSUED TO Kearns Construction Company Blanket Additional Insured and Waiver of Subrogation Endorsement In consideration of an Additional Premium of $250.00, it is hereby understood and agreed that this policy shall include as Additional Insureds any person or organization to whom the Named Insured has agreed by written contract to provide coverage, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to an 'occurrence". The inclusion of Additional Insureds shall in no way increase the Limit of Liability provided under this policy. In the event of cancellation or change in policy coverage, unless specifically endorsed in writing herein, we have no obligation to send notice of cancellation or change of coverage to the Additional Insured. Additionally, we shall not be required to notify the Additional Insured of any cancellation request from the Named Insured. It is further understood and agreed to waive any rights of subrogation to which we may be entitled if prior to an 'occurrence" the Named Insured has agreed to such waiver in writing, but only to the extent required by said written agreement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AGENT OR BROKER NAME AND ADDRESS International Special Risks, Inc. 7130 Glen Forest Drive Richmond, VA 23226 E6C REV 5/74 745 Printed in U.S.A. ENDORSEMENT NO. _. Date of Issuance 03/29/2022 THIS ENDORSEMENT, EFFECTIVE 03/29/2022 FORMS A PART OF POLICY NO. MIL 9780064 OF THE Continental Insurance Company ISSUED TO Kearns Construction Company Primary Insurance It is understood and agreed that this insurance is primary for the organization shown in the schedule, but only with respect to liability arising out of your work for that organization by or for you. Other insurance afforded to that organization will apply as excess and not contribute as primary to the insurance afforded by this endorsement. We agree to provide the organization listed below with at least thirty (30) days notice (10) days notice for non-payment of premium of cancellation and (45) days non -renewal notice. All other endorsements, provisions, conditions and exclusions of this insurance shall remain unchanged and apply to the organization described below. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AGENT OR BROKER NAME AND ADDRESS International Special Risks, Inc. 7130 Glen Forest Drive Richmond, VA 23226 E6C REV 5/74 745 Printed in U.S.A. ENDORSEMENT NO. Date of Issuance 03/29/2022 THIS ENDORSEMENT, EFFECTIVE 03/29/2022 FORMS A PART OF POLICY NO. ML 9780064 OF THE Continental Insurance Company ISSUED TO Kearns Construction Company Per Project Aggregate Limits of Insurance It is understood and agreed that the General Aggregate Limit under Section A. Limits of Insurance shall be reinstated for each project where required: 1. With respects to "your work" which is away from premises owned by or rented to you; 2. If the policy General Aggregate has been exhausted; 3. If there is no other coverage or limits available to you under any other insurance carried by you or for your account that would apply if the General Aggregate Limit of Insurance of this policy was not reinstated. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AGENT OR BROKER NAME AND ADDRESS International Special Risks, Inc. 7130 Glen Forest Drive Richmond, VA 23226 E6C REV 5/74 745 Printed in U.S.A. [dJ (AT/ " I ENDORSEMENT NO. 12 Date of Issuance 03/29/2022 THIS ENDORSEMENT, EFFECTIVE 03/29/2022 FORMS A PART OF POLICY NO. MIL 9780064 OF THE Continental Insurance Company ISSUED TO Kearns Construction Company Additional Insured - State or Government Agency or Subdivision or Political Subdivision — Permits or Authorizations This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Section H — Who is an insured is amended to include as an insured any state or governmental agency or subdivision or political subdivision shown in the schedule, subject to the following provisions: 1. This insurance applies only with respects to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 2. This insurance does not apply to: a. Bodily injury, property damage, or personal and advertising injury arising out of operations performed for the federal government, state or municipality or b. Bodily injury or property damage included within the products -completed operations hazard. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AGENT OR BROKER NAME AND ADDRESS International Special Risks, Inc. 7130 Glen Forest Drive Richmond, VA 23226 E6C REV 5/74 745 Printed in U.S.A. ENDORSEMENT NO. Date of Issuance 03/29/2022 THIS ENDORSEMENT, EFFECTIVE 03/29/2022 FORMS A PART OF POLICY NO. ML 9780064 OF THE Continental Insurance Company ISSUED TO Kearns Construction Company Additional Insured and Waiver of Transfer of Rights of Recovery Against others to US Endorsement (Blanket) This endorsement modifies insurance provided under the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. WHO IS AN INSURED (Section II) is amended to include any person or organization as an Insured under this policy to the extent you are obligated by an "insured contract" to include them as Additional Insureds, but only with respect to "your work". B. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Loss Condition in the Common Conditions is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of "your work" with that person or organization, but only to the extent that you are obligated by an "insured contract" to provide such waiver of rights of recovery and only with respect to "your work" or to your premises or the premises you use. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AGENT OR BROKER NAME AND ADDRESS International Special Risks, Inc. 7130 Glen Forest Drive Richmond, VA 23226 E6C REV 5/74 745 Printed in U.S.A. ENDORSEMENT NO. . Date of Issuance 03/29/2022 THIS ENDORSEMENT, EFFECTIVE 03/29/2022 FORMS A PART OF POLICY NO. ML 9780064 OF THE Continental Insurance Company ISSUED TO Kearns Construction Company LIMITED EXCLUSION, CONTRACTORS — PROFESSIONAL LIABILITY ENDORSEMENT It is understood and agreed that the following exclusion is added to exclusions of Coverage A — Bodily Injury and Property Damage Liability (Section I Coverages), exclusions of Coverage B — Personal and Advertising Injury Liability (Section I Coverages): This Insurance does not apply to "Bodily Injury", "Property Damage", "Personal Injury" or "Advertising Injury" arising out of the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Professional services include the following: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (2) Supervisory or inspection activities performed as a part of any related architectural or engineering activities. This exclusion does not apply to "Bodily Injury" or "Property Damage" arising out of your operations in connection with construction work performed by you or on your behalf. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AGENT OR BROKER NAME AND ADDRESS International Special Risks, Inc. 7130 Glen Forest Drive Richmond, VA 23226 E6C REV 5/74 745 Printed in U.S.A. KEARNS VESSELS ONLY AS OF 06.02.22 revised to ADD '22 HANKO PUSH BOAT & EFFEC 06.10.22 REDUCE COVERAGE ON THE 2012 CAROLINA SKIFF & 2014 SELF PROPELLED SPUD BARGE TO $25,000 YEAR MAKE DIMENSIONS NAME SERIAL NUMBER INSURED VALUE 2021 86' X 32' X 6'-6" BIG DOG 150T HULL #H180 $300,000.00 1993 110' X 40' X 7' KS436 BARGE JUNEBUG $265,000.00 2019 139 X 45 6-11 JENNIE K ABS BARGE 1292287 $899,000.00 1985 STEEL 120 X 45 X 7 DAVIS 1259918 $330,000.00 2014 33 X 22 X 3 EFFEC 06.10.22: SECTIONAL SPUD BARGE "SELF N/A $25,000.00 2006 STEEL 100 X 36 X 8 HAIL MARY N/A $125,000.00 2019 MICHELLE 1301348 $265,000.00 2016 STEEL 16 X 14 X 6 KAREN 1267798 $270,000.00 2012 STEEL 25.5 X 14 X 6 ELLY 1243114 $220,000.00 2008 STEEL 25.5 X 14 X 6 FAT JACK 1210609 $160,000.00 2012 FIBERGLASS 22'-11" EFFEC 06.10.22: CAROLINA SKIFF 23 ULTRA ELITE EKHX0066K112 $25,000.00 2002 FIBERGLASS 18'-2" BOSTON WHALER W/ MERCURY BWCE3101E202 $20,000.00 1990 FIBERGLASS 19' BOSTON WHALER W/ 150 HP YAMAHA BWC7218EA090 $12,136.00 2000 FIBERGLASS 22'-3" BOSTON WHALER W/ 225 HP YAMAHA BWCJL247F000 $16,658.00 1984 18' BOSTON WHALER W/ 115 HP YAMAHA UNKNOWN $20,000.00 2002 FIBERGLASS 39.3 X 13.1 X 6.3 BENETEAU "CATHERINE" SAILBOAT 1133756 $125,000.00 2016 FIBERGLASS 34'-8" ISLAND RUNNER "OFFICIAL BUSINESS II" INT350320516 $278,000.00 2007 ALUMINUM 21'-0" PONTOON PARTY BOAT MAU30599A707 $7,000.00 2022 Specs on file w/carrier TWO (2) 50'X11'11"X5' RAKED SECTIONAL SPUD BARGE CUSTOM $127,425 each $254,850.00 2022 ALUMINUM 22' EFFEC 06.02.22: HANKO PUSH BOAT WITH OB MOTOR HK045134G122 $250,000.00 TOTAL 1 $3,867,644.00 R * AE * 03/29/2022 * WC 3086051 03 00 Great American Spirit Insurance Company 503050 WC 00 03 13 (Ed.4-84) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insured Policy No. Kearns Construction Company, Inc. WC 3086051 03 Company Effective Date Premium Endorsement No. Great American Spirit Insurance Company $ Authorized Representative The American Equity Underwriters, Inc. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization for whom the named insured has agreed by written contract to furnish this waiver for the state of Florida WC 00 03 13 (Ed.4-84) ©1983 National Council on Compensation Insurance. (Page 1 of 1) BLANKET WAIVER OF SUBROGATION ENDORSEMENT This endorsement, effective 12:01 a.m. March 29, 2022, forms part of Certificate No. ALMA02175-03 issued to Kearns Construction Company, Inc., by the American Longshore Mutual Association, Ltd. ("Association"). The Association waives its rights of subrogation against other individuals, firms, organizations or corporations but only when required by written contract and only to the extent required by that contract. This waiver shall apply only in respect to the specific contract existing between the Member and such other individual, firm, organization or corporation and shall not be construed to be a waiver in respect of other operations of such individual, firm, organization or corporation in which the Member has no contractual interest. Nothing herein contained shall be held to vary, alter, waive or change any of the terms, limits or conditions of this Coverage Agreement, except as hereinabove set forth. Form No. ALMAws (Ed. 02/02) ATC NYC 1 1 AM I I ITV IAI92%1 I A 111I . INVLI\ 1 11 Ill I L VI L1/11..71L1 1 1 IIrVVI\/11rVL DATE(MM/DD/YYYY) Fo 1 /11 /2023 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Trinity Inv. Inc b/d/a Trinity Insurance 4000 Hollywood Blvd Ste 555-S Hollywood, FL 33021 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 305-TRINITY (874-6489), 954-829-5978, 954-613-3601 Fax: 954-206-5978, Email: bgloria@trinityinv.net INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Underwriters at Lloyds, London Kearns Construction Company INSURER B: 2550 South Bayshore Drive, Suite 206-B Coconut Grove, FL 33133 INSURER C: on an as needed basis. No lease or loan obl INSURER D: FLORIDA DBPR LICENSE #CGC060194 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ CLAIMS MADE F] OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATELIMIT APPLIES PER : PRODUCTS - COMP/OPAGG $ POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ EAACC OTHER THAN $ ANY AUTO $ AUTO ONLY. AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under E. L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below A Maritime Employers Liability Combined Single Limit for all SHALLOW DIVING ML900210P 11/13/2022 11/13/2023 expenses&indemnity, any 1 accident or illness: $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAPROVISIONS Waiver of Subrogation applies when required by written contract. ***30 Day Advance Notice of Cancellation EXCEPT 10 Days for Non -Payment of Premium CERTIFICATE HOLDER CANCELLATION City of Miami, Procurement Dept SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn: Teresa Soto DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN Miami Riverside Center NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 444 SW 2nd Avenue, 6th Floor IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Miami, FL 33130 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Gloria J. Bravo, CIC ACORD 25 (2001/08) V IF @ACORD CORPORATION 1988 UMR: B0702ML900210o EBG 702 WAIVER OF SUBROGATION ENDORSEMENT Underwriters agree to waive their rights of subrogation against any principal where waiver is required by written contract but only in respect of liability for Bodily Injury and/or Property Damage arising out of operations performed by the named Insured and only to the extent required under said written contract. ALL OTHER TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS REMAIN UNALTERED. War & Terrorism Exclusion This policy excludes any actual or alleged liability, costs or expenses arising directly or indirectly out of any one or more of the following: (a) war, civil war, revolution, rebellion, insurrection or civil strife arising therefrom, or any hostile act by or against a belligerent power; (b) confiscation or expropriation; (c) capture, seizure, arrest, restraint or detainment and the consequences thereof or any attempt thereat; (d) any terrorist act or any person(s) acting maliciously or from a political motive; (e) strikers, locked -out workmen, or persons taking part in labour disturbance, riots or civil commotions; (f) derelict mines, torpedoes, bombs or other derelict weapons of war. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. 17/01/02 JL2002/002 Slip leader 13-Nov-20 4:18 PM Page 14 of 23 ATC ^E7 1 1 AM I I ITV IAI92%1 I A 111I . INVLI\ 1 11 Ill I L VI L1/11..71L1 1 1 IIrVVI\/11rVL DATE(MM/DD/YYYY) Fo i /11 /2023 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Trinity Inv. Inc b/d/a Trinity Insurance 4000 Hollywood Blvd Ste 555-S Hollywood, FL 33021 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 305-TRINITY (874-6489), 954-829-5978, 954-613-3601 Fax: 954-206-5978, Email: bgloria@trinityinv.net INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: U-Ws@State National Ins Co (57.143%) 12831 INSURER B: Star Indemnity & Liability Company (25.714%) 38318 Kearns Construction Company 2550 South Bayshore Drive, Suite 206-B Coconut Grove, FL 33133 o INSURER c: U-Ws@Berkshire Hathaway SP Ins Co (17.143 /o) INSURER D: FLORIDA DBPR LICENSE #CGC060194 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFIECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ CLAIMS MADE F] OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATELIMIT APPLIES PER : PRODUCTS - COMP/OPAGG $ POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ EAACC OTHER THAN $ ANY AUTO $ AUTO ONLY. AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under E. L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below A B C OTHER Vessel Pollution Liability for Scheduled Vessels ONLY V-14994-22 09/20/2022 09/20/2023 Pollution Limit: $5,000,000 per Occurrence & Policy Maximum Limit I ut- OPERA I IONS / LUCA I IONS / VhHl�Lt_S EXCLUSIONS Auuhu BY t_NUUKShMLN I / SPECIAL PKdVISIONS Annual Aggregates (a) US Criminal Defense (Section 8 of Chapter 2) $100,000 per Occurrence/$100,000 Annual Aggregate (b) Fines & Penalties (Section 4 of Chapter2) $1,000,000 per Occurrence/$1,000,000 Annual Aggregate BLANKET ADDITIONAL INSURED ENDORSEMENT & SCHEDULE OF COVERED VESSELS ARE ATTACHED. ***30 Day Advance Notice of Cancellation EXCEPT 10 Days for Non -Payment of Premium CERTIFICATE HOLDER CANCELLATION City of Miami, Procurement Dept SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn: Teresa Soto DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *** DAYS WRITTEN Miami Riverside Center NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 444 SW 2nd Avenue, 6th Floor IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Miami, FL 33130 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ` Gloria J. Bravo, CIC ACORD 25 (2001/08) V @ ACORD CORPORATION 1988 KEARNS VESSELS ONLY AS OF 06.02.22 revised to ADD '22 HANKO PUSH BOAT & EFFEC 06.10.22 REDUCE COVERAGE ON THE 2012 CAROLINA SKIFF & 2014 SELF PROPELLED SPUD BARGE TO $25,000 YEAR MAKE DIMENSIONS NAME SERIAL NUMBER INSURED VALUE 2021 86' X 32' X 6'-6" BIG DOG 150T HULL #H180 $300,000.00 1993 110' X 40' X 7' KS436 BARGE JUNEBUG $265,000.00 2019 139 X 45 6-11 JENNIE K ABS BARGE 1292287 $899,000.00 1985 STEEL 120 X 45 X 7 DAVIS 1259918 $330,000.00 2014 33 X 22 X 3 EFFEC 06.10.22: SECTIONAL SPUD BARGE "SELF N/A $25,000.00 2006 STEEL 100 X 36 X 8 HAIL MARY N/A $125,000.00 2019 MICHELLE 1301348 $265,000.00 2016 STEEL 16 X 14 X 6 KAREN 1267798 $270,000.00 2012 STEEL 25.5 X 14 X 6 ELLY 1243114 $220,000.00 2008 STEEL 25.5 X 14 X 6 FAT JACK 1210609 $160,000.00 2012 FIBERGLASS 22'-11" EFFEC 06.10.22: CAROLINA SKIFF 23 ULTRA ELITE EKHX0066K112 $25,000.00 2002 FIBERGLASS 18'-2" BOSTON WHALER W/ MERCURY BWCE3101E202 $20,000.00 1990 FIBERGLASS 19' BOSTON WHALER W/ 150 HP YAMAHA BWC7218EA090 $12,136.00 2000 FIBERGLASS 22'-3" BOSTON WHALER W/ 225 HP YAMAHA BWCJL247F000 $16,658.00 1984 18' BOSTON WHALER W/ 115 HP YAMAHA UNKNOWN $20,000.00 2002 FIBERGLASS 39.3 X 13.1 X 6.3 BENETEAU "CATHERINE" SAILBOAT 1133756 $125,000.00 2016 FIBERGLASS 34'-8" ISLAND RUNNER "OFFICIAL BUSINESS II" INT350320516 $278,000.00 2007 ALUMINUM 21'-0" PONTOON PARTY BOAT MAU30599A707 $7,000.00 2022 Specs on file w/carrier TWO (2) 50'X11'11"X5' RAKED SECTIONAL SPUD BARGE CUSTOM $127,425 each $254,850.00 2022 ALUMINUM 22' EFFEC 06.02.22: HANKO PUSH BOAT WITH OB MOTOR HK045134G122 $250,000.00 TOTAL 1 $3,867,644.00 -1--SAfl HARBOR Safe Harbor Pollution 66 Whitecap Drive North Kingstown, RI 02852 United States Phone: 401.792.0144 Fax: 401.667.0573 Website: www.SafeHarborPollution.com Endorsement No. 3 attached to and forming part of Pollution Policy No. V-14994-21 ISSUED TO: Kearns Construction Company It is understood and agreed that the BLANKET ADDITIONAL INSURED ENDORSEMENT is hereto attached to this Pollution contract as follows: BLANKET ADDITIONAL INSURED ENDORSEMENT 1. Where a vessel is identified in the Schedule of Vessels and is working or performing services pursuant to an oral or written contract between the Insured and an entity or person not insured under the Policy, and if required by the contract, the entity or person with whom the Insured has contracted to work or perform services is hereby named as an additional insured under the Policy, but only to the extent required by the contract. 2. As a condition precedent to the additional insured coverage provided by this Endorsement, the Insured shall at the inception of the Policy or within sixty (60) days of entering into such oral or written contract (if entered after the inception of the Policy), advise the Company in writing of the identity and address of each person or entity the Insured is required by the contract to name as an additional insured under the Policy. Effective on or after September 20, 2021. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed at North Kingstown, Rhode Island on the 26th day of July 2021. By: L>%�- ./Ariz d Signature ATC NYC 1 1 AM I I ITV IAI92%1 I A 111I VLI\ 1 11 Ill I L VI L1/11..71L1 1 1 IIrVVI\/11rVL DATE(MM/DD/YYYY) Fol /11 /2023 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Trinity Inv. Inc b/d/a Trinity Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4000 Hollywood Blvd Ste 555-S HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR Hollywood, FL 33021 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 305-TRINITY (874-6489), 954-829-5978, 954-613-3601 Fax: 954-206-5978, Email: bgloria@trinityinv.net INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Kearns Construction Company 2550 South Bayshore Drive, Suite 206-B INSURER B: Coconut Grove, FL 33133 INSURER C: INSURER D: FLORIDA DBPR LICENSE #CGC060194 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ CLAIMS MADE F] OCCUR IVIED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATELIMIT APPLIES PER : PRODUCTS - COMP/OPAGG $ POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ EAACC OTHER THAN $ ANY AUTO $ AUTO ONLY. AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under E. L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ F,WAL PROVISIONS below CONTRACTORS Pollution Limit: A POLLUTION LIABILITY CPL2026683-14 07/10/2022 07/10/2023 2,000,000 per Occurrence $5,000 RETENTION 2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONSADDED BY ENDORSEMENT/ SPECIAL PROVISIONS *Certificate Holder is included as indicated on the attached endorsements "WHEN REQUIRED BY WRITTEN CONTRACT." SAMPLE COPIES OF ENDORSEMENTS ARE ATTACHED. * 30 Day Advance Notice of Cancellation EXCEPT 10 Days for Non -Payment of Premium CERTIFICATE HOLDER CANCELLATION City of Miami, Procurement Dept SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn: Teresa Soto DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN Miami Riverside Center NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 444 SW 2nd Avenue, 6th Floor IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Miami, FL 33130 REPRESENTATIVES. AUTHORIZED REPRESENTATI Gloria J. Bravo, Cl ACORD 25 (2001/08) v @ACORD CORPORATION 1988 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. WAIVER OF SUBROGATION It is agreed that the Company, in the event of any payment under this policy, waives its right of recovery against any Principal, but only at the specific written request of the Named Insured either before or after loss, wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured. This waiver shall apply only with respect to losses occurring due to operations undertaken as per the specific contract existing between the Named Insured and such Principal and shall not be construed to be a waiver with respect to other operations of such Principal in which the Named Insured has no contractual interest. No waiver of subrogation shall directly or indirectly apply to any employee, employees or agents of either the Named Insured or of the Principal, and the Company reserves its right or lien to be reimbursed from any recovery funds obtained by any injured employee. This waiver does not apply in any jurisdiction or situation where such waiver is held to be illegal or against public policy or in any situation wherein the Principal against whom subrogation is to be waived is found to be solely negligent. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ENV 2004 06 18 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED - BLANKET This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY VI. DEFINITIONS, 5. Insured is amended to include as an insured any person(s) or organization(s) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such written contract or written agreement must be in effect prior to the performance of your work which is the subject of such written contract or written agreement, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work for that additional insured. With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those person(s) or organization(s) with which you have so agreed in a written contract or written agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. CPLO 4038 03 18 Page 1 of 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ❑iY Ron DeSantis, Governor Melanie S. Griffin, Secretary Florida STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE KEARNS CONSTRUCTION COMPANY 4101 BRAGANZA AVE nFtAmo MIAMI FL 33133 LICENSE NUMBER: CGC060194 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. ELECTRICAL SUBCONTRACTOR MINIMUM QUALIFICATIONS SERLL ELECTRIC 1. License 2. Experience List 3. Certificate of Compliance USCG - N/A 4. Certificate of Insurance 5. FEIN — 59-1563784 6. References (Certificate Section) 7. Bankruptcy — N/A 8. N/A ■❑ Ron DeSantis, Governor Melanie S. Griffin, Secretary Florida STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS' LICENSING BOARD THE ELECTRICAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE EWS, JAM ES RO `' S.E.R.L.L. ELECTRIC, INC. 12385 SW 129TH COURT UNIT 5 MIAMI FL • LICENSE NUMBER: EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. S.E.R.L.L. ELECTRIC, INC. PARTIAL LIST OF MARINA PROJECTS PERFORMED # Year Name of Marina Facility Owner or General Contractor 1 1986 BLACK POINT MARINA DADE COUNTY PARKS DEPARTMENT 2 1986 MIAMI MARINA AT BAYSIDE (OLD) CITY OF MIAMI PUBLIC WORKS DEPT 3 1987 KEY LARGO ANGLERS CLUB MARINA KEY LARGO ANGLERS CLUB 4 1988 DINNER KEY MARINA CITY OF MIAMI PUBLIC WORKS DEPT 5 1989 PELICAN HARBOR MARINA DADE COUNTY PARKS DEPARTMENT 6 1992 BAYSHORE VILLAS DOCKS BAYSHORE CONDO ASSOCIATION 7 1993 DEERING BAY MARINA PH -I DEERING BAY CONDO ASSOCIATION 8 1993 HOMESTEAD BAYFRONT MARINA DADE COUNTY PARKS DEPARTMENT 9 1995 MATHESON HAMMOCK MARINA DADE COUNTY PARKS DEPARTMENT 10 1996 BAYSIDE MIAMI MARINA (NEW) CITY OF MIAMI PUBLIC WORKS DEPT 11 1996 CRANDON PARK MARINA PH -I DADE COUNTY PARKS DEPARTMENT 12 1996 MARRIOTT HOTEL MARINA MARRIOTT HOTEL 13 1997 LAS OLAS MARINA CITY OF FORT LAUDERDALE 14 1999 CORAL GABLES CONDO MARINA CORAL GABLES CONDO ASSOCIATION 15 1999 ROSCIOLI YACHTING CENTER ROSCIOLI YACHTING CENTER 16 1999 SANTA MARIA CONDO MARINA SANTA MARIA CONDO ASSOCIATION 17 1999 VARRICK PARK DOCKS CITY OF MIAMI PUBLIC WORKS DEPT 18 2000 CRANDON PARK MARINA PH-11 DADE COUNTY PARKS DEPARTMENT 19 2001 DEERING BAY MARINA PH-11 DEERING BAY CONDO ASSOCIATION 20 2001 DINNER KEY BOATYARD CITY OF MIAMI PUBLIC WORKS DEPT 21 2001 NEW RIVER MARINA NEW RIVER MARINA 22 2001 NINE ISLAND CONDO MARINA NINE ISLAND CONDO ASSOCIATION 23 2002 FORT LAUDERDALE SHIPYARD FORT LAUDERDALE SHIPYARD 24 2002 HOLLYWOOD MARINA CITY OF HOLLYWOOD PUBLIC WORKS 25 2003 BAHIA MAR MARINA RAHN BAHIA MAR RESORTS 26 2005 KEY BISCAYNE YACHT CLUB KEY BISCAYNE YACHT CLUB 27 2005 SOUTHGATE PIER & DECK SOUTHGATE HOTEL & APARTMENTS 28 2006 HAULOVER MARINA (REPAIRS) DADE COUNTY PARKS DEPARTMENT 29 2006 MIRASOL MARINA GDC AVENEL BAY, LLC 30 2006 RYBOVICH SPENCER MARINA (PH-1) RYBOVICH SPENCER MARINA 31 2006 BISCAYNE BAY YACHT CLUB BISCAYNE BAY YACHT CLUB 32 2007 HAULOVER MARINA PHASE-11 DADE COUNTY PARKS DEPARTMENT 33 2008 FISHER ISLAND MAIN MARINA UPGRADE FISHER ISLAND HOLDINGS, LLC 34 2009 FISHER ISLAND DOCK PANEL REPAIRS FISHER ISLAND HOLDINGS, LLC 35 2009 FISHER ISLAND VISITORS DOCK UPGRADE FISHER ISLAND MARINA OPERATIONS 36 2009 FISHER ISLAND 3-PHASE BOAT SERVICE FISHER ISLAND MASTER PLAN 37 2009 MIAMARINA COMMERCIAL DOCKS CITY OF MIAMI PUBLIC WORKS DEPT 38 2010 RICKENBACKER BRIDGE NAVIG LIGHTS MIAMI-DADE COUNTY PUBLIC WORKS 39 2011 FLORIDIAN BOAT DOCK FLORIDIAN CONDOMINIUM ASSOCIATION 40 2012 HALLANDALE BEACH MARINA CITY OF HALLANDALE BEACH 41 2013 SAINT TROPEZ BOAT DOCKS SAINT TROPEZ CONDOMINIUM ASSOC. 42 2013 SUNSET HARBOUR MARINA (PH-1) SUNSET HARBOUR YACHT CLUB 43 2013 PIER 66 MARINA (PHASE-1) ECO BUILDING SOULTIONS, INC. 44 2014 SUNSET HARBOUR MARINA (PH-2) SUNSET HARBOUR YACHT CLUB 45 2014 PIER 66 MARINA (PHASE -II) ECO BUILDING SOULTIONS, INC. 46 2015 ATRIUM MARINA MARIN & MARIN CONSTRUCTION, INC. 47 2015 SUNSET HARBOUR MARINA (PH-3) SUNSET HARBOUR YACHT CLUB 48 2016 SUNSET HARBOUR MARINA (PH-4) SUNSET HARBOUR YACHT CLUB 49 2016 KEY BISCAYNE YACHT CLUB, PIER "A" KEARNS CONSTRUCTION COMPANY 50 2017 BENTLEY BAY MARINA SHORELINE FOUNDATION, INC. 51 2017 CODINA BOAT DOCK MARIN & MARIN CONSTRUCTION, INC. 52 2017 DANIA BEACH MEGAPORT SHORELINE FOUNDATION, INC. 53 2017 PLAYBOY MARINE CENTER SHORELINE FOUNDATION, INC. Page 1 of 2 S.E.R.L.L. ELECTRIC, INC. PARTIAL LIST OF MARINA PROJECTS PERFORMED # Year Name of Marina Facility Owner or General Contractor 54 2017 MARINA PALMS HURRICANE REPAIRS MARINA PALMS YACHT CLUB 55 2018 PRIME MARINA (MONTY-S) ALIGNED BAYSHORE MARINA, LLC 56 2018 SAN REMO DOCK REPLACEMENT SHORELINE FOUNDATION, INC 57 2018 GROVE ISLE MARINA GROVE ISLE MARINA 58 2018 GROVE HARBOUR CONDO DOCKS GROVE HARBOUR CONDOMINIUM 59 2018 SUNSET HARBOUR MARINA (PIER "E") SUNSET HARBOUR YACHT CLUB 60 2019 SUNSET HARBOUR YACHT CLUB (PIER MODS) SUNSET HARBOUR YACHT CLUB 61 2020 DINNER KEY MARINA REPAIRS KEARNS CONSTRUCTION COMPANY 62 2020 MYSTIC POINTE MARINA KELLY BROTHERS CONSTRUCTION 63 2020 BAYSIDE MIAMI MARINA -PIER 5 KEARNS CONSTRUCTION COMPANY 64 2021 BENTLEY BAY MARINA BENTLEY BAY RETAIL, LLC 65 2021 ISLAND ESTATES MARINA N.I. HOLDINGS, LLC 66 2021 FIFTY -SIX -SIXTY CONDO MARINA FIFTY-SIX SIXTY CONDO ASSOCIATION, INC 67 2021 ALLEN RESIDENCE BOAT DOCK KEARNS CONSTRUCTION COMPANY 68 2022 MARINE MAX DANIA BEACH GCG CONSTRUCTION COMPANY 69 2022 BAYSIDE MIAMI MARINA- CAMERA POWER QUALITY WIRING INC. 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Page 2 of 2 / �® CERTIFICATE OF LIABILITY INSURANCE DATE MI (MDD/YYYY) 01 /05/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT David Portuondo NAME: Brown & Brown of Florida, Inc. HCIN o (305) 714-4400 FAAic, (305) 714-4401 Ext : No): E-MAIL David. Portuondo@bbrown.com ADDRESS: 8825 NW 21st Terrace INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: XL Specialty Insurance Company Doral FL 33172 INSURED INSURER B: Travelers Casualty Insurance Company ofAmerica 19046 INSURERC: StarStone National Insurance Company S.E.R.L.L. Electric, Inc. INSURER D: StarNet Insurance Company 12385 SW 129 Court INSURER E Unit 5 INSURER F: Miami FL 33186 COVERAGES CERTIFICATE NUMBER: 23-24 COI REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEAUULbUbK INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MWDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 �/ CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence 50 000 $ X MED EXP (Anyone person) $ 10,000 Marine General Liability X XCU PERSONAL&ADV INJURY $ 1,000,000 A UM00027903MA23A 01/01/2023 01/01/2024 L AGGREGATE LI M IT APPLI ES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑PRO ❑LOC JECT: MOTHER PRODUCTS-COMP/OPAGG $ 2,000,000 Defense Additional Limit $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS BA-OP007822-23-42-G 01/01/2023 01/01/2024 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PIP -Basic $ 10,000 X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 C EXCESS LAB CLAIMS -MADE AT2587233MAR 01/01/2023 01/01/2024 DED I I RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? M (Mandatory in NH) NIA KEY0137944 USL&H Included 01/01/2023 01/01/2024 SPER TATUTE EORH X1 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Ship Repairers Liability UM00027903MA23A 01/01/2023 01/01/2024 Limit Included in MGL DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) USL&H Coverage Included CERTIFICATE HOLDER CANCELLATION SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami ACCORDANCE WITH THE POLICY PROVISIONS. 444 SW 2nd Ave AUTHORIZED REPRESENTATIVE Miami FL 33130 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 1928 Sunset Harbour Dr, Miami Beach, FL 33139 Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Daniel Prieto (305) 494-4969 Reference No. 1: Date of Contract or Sale for above reference no. 1 2005 - Present Day Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Grove Isle Marina Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 4 Grove Isle Dr, Miami, FL 33133 Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Chris Trogner (305) 498-1283 Reference No. 2: Date of Contract or Sale for above reference no. 2 August 2018 - Present day Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Island Estates Marina Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Gary Cohen (305) 807-2293 Reference No. 3: Date of Contract or Sale for above reference no. 3 May 2021 - Present day Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations or debarred or suspended as set in section 18- 107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: none. We (1) certify that any and all information contained in this submission is true, and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter, Please print the following and sign your name: PROPOSER NAME: Shoreline Foundation, Inc. ADDRESS: 2781 SW 56th Avenue, Pembroke Park, FL 33023 PHONE: 954.985.0460 FAX: 954.985,0462 EMAIL: -iwelch@sboi-elinefoundation.com CELL(Optional): SIGNS TITLE i : Ilia ► • ► I u _ a. _ wl ais an Certifications Legal Name of Firm: Shoreline Foundation, Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 1986 Office Location: City of Miami, Miami -Dade County, or Other Other: Broward County, FL Business Tax Receipt/Occupational License Number: 1649368 Business Tax Receipt/Occupational License Issuing Agency: Miami -Dade County Business Tax Receipt/Occupational License ExpirationDate: 9/30/23 Will Subcontractor(s) be used? (Yes or No) T.B.D If subcontractor(s) will be utilized, provide their name, address, and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 01/01/2022). If no addendum/addenda was/were issued, please insert N/A. 1) 1.9.23 2) 1.17.23 3) 1/25/23 4) 1/26/23 If Bidder has a Local Office, as defined under Chapter 18/Article II, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the City of Miami Local Office Certification form? YES OR NO? (The City of Miami Local Office Certification form is located in the Documents Section of BidSync) No. *Please see attached "Exhibit B" Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Tekeze Charters Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 136 Seahorse Dr., Islamorada, FL 33036 Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Owner - Captain Charles Hertel - 305.790.1345 Reference No. 1: Date of Contract or Sale for above reference no. 1 Start date: 10/21 Completed: 03/21 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: City of Miami Beach Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 1700 Convention Center Drive, Miami Beach, FL 33139 Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Paola Vega, Capital Projects Coordinator - 305.673.7071 ext. 6833 Reference No. 2: Date of Contract or Sale for above reference no. 2 Start Date: 08/2020 Completed: 02/21 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Arlen House West Condominium Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 500 Bayview Drive, Sunny Isles Beach, FL 33160 Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Kathy Haley (Board Member) 305.798.8669 Reference No. 3: Date of Contract or Sale for above reference no. 3 Start date: 05/20 Completed: 11/20 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that 11 subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor Shoreline Foundation, Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Authorized Official Nye and 1i1 t bf Contractor/Contractor's Authorized Official Date CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: I FB 1599386 (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: Emergency Repair Services for City of Miami Marinas Shoreline Foundation, Inc. (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 2781 SW 56th Avenue, Pembroke Park, FL 33023 Does Bidder/Proposer conduct verifiable, full- ❑✓ ❑ time, on -site employment at the local office YES NO for a minimum of forty (40) hours per calendar week? If Bidder/Proposer's Local Office tenancy is ❑ ❑ ❑✓ pursuant to a lease, has Bidder/Proposer YES NO N/A enclosed a copy of the lease? City of Miami: ❑ YES Z NO ❑ Exempt Cite Exemption: ClyofMam' Pmcnrement Dept Ann_ Teresa Soto Miami Riverside Center 444 SW 2nd Avenue, Gth Floor Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the Miami -Dade County: YES NO Exempt City of Miami and Miami -Dade County? Cite Exemption: "`30 Days Advance Notice of Cancellation EXCEPT for Non -Payment of Premium 10 Days Protection & Indemnity Vessel Liability (P&I) FOR SCHEDULED VESSELS ONLY Has Bidder/Proposer enclosed a copy of the license, certificate of competency and ❑✓ ❑ certificate of use that authorizes the YES NO performance of Bidder/Proposer's business operations? *We do not meet all of the Miami Local office criteria Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article HI, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date FORM -City of Miami Local Office Certification 7/22/2013 Exhibit "A" Addendums (1.11-tv of 4HT-ami ANNIE PEREZ, CPPO Director of Procurement y4 iFF_ 1 �o Pmh. � r#siF1 lily II 11 � f! it ADDENDUM NO. 1 IFB 1599386 ARTHUR NORIEGA V City Manager January 9, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The 1FB's closing date and time has been changed to Wednesday, January 18, 2023, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. 4. Cam- ten. ZX2 Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts Hans Maichel, Interim Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF SIGNATUI DATE: 1/24/23 dr-ttj of 4jft-am- ANNIE PERE7, CPPO Director of Procurement ik,w irr. ADDENDUM NO. 2 IFB 1599386 ARTHUR NORIEGA V City Manager January 17, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Thursday, January 26, 2023, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO 61 Director/Chief Procurement Officer Procurement Department APJs Hans Malchel, Interim Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: Shoreline Foundation, Inc. DATE: 1/24/23 SIGNATURE: 00 1 14, - ti of ANNIE PEREZ, CPPO Director of Procurement Of. le y ADDENDUM NO. 3 IFB 1599386 ARTHUR NORiEGA V City Manager January 25, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Wednesday, February 8, 2023, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts C. Fans Maichel, Interim Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: SIGNATURE: DATE: L � Z3 (111iba of AT-21mil ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager S ;4Ile I yfl ADDENDUM NO. 4 IFB 1599386 January 25, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. Attachments titled "Attachment B — IFB 1599386 Emergency Repair Services for City of Miami Marinas, Bid Price Sheet — Group 1 Federally Funded Projects" and "Attachment C — I FB 1599386 Emergency Repair Services for City of Miami Marinas, Bid Price Sheet -- Group 2 Non -Federally Funded Projects" have been deleted in their entirety from the Document Section of BidSync. B. The following are the City's response to questions received from prospective Bidders: Q1. Is there a mark-up cost on materials? Al. Refer to Section 2.28. Parts at Pass -Through Cost of the Solicitation. Q2. Will the Bid be adjusted to include pricing for mobilization cost for crew and barge? A2. Refer to Section 2.10. Spot Market Pricing Procedure of the Solicitation. Q3. Is there an anticipated scope of work for the emergency marine services? A3. Emergency marine services will be solicited on a case -by -case and/or on an as needed basis. Q4. Will the Bid Price Sheets be revised to include engineering, surveys, and permit expenses? A4. Refer to Section A above. Q5. Is a Bid Bond and/or a Payment and Performance Bond required? A5. Refer to Section 2.56 Bid Bond and Payment and Performance Bond of the solicitation. Q6. Will a line item be added to the Bid Price sheets to include barge work, pile replacements, and electrical repair services? AG. Refer to Section A above. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts Andrew Frey, Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: Shoreline Foundation, Inc. SIGNATURE: I U 2 DATE: Exhibit "B" Past Experiences and References Shurelr�le Foundation litc. Project: Papa Joe's, Islamorada Florida Location: Papa Joe's 79786 Overseas Hwy Islamorada, FL 33036 Owners Representative (GC): Capt. Charles Hertel Owner and Operator of Tekeze Charters 136 Seashore Dr. Islamorada, Fl. 33036 Phone: (305) 790-1345 Charles&Tekezecharters.com Construction Dates: START: October 2021 FINISH: March 2022 Construction cost: $793,000.00 (Original Cost) Change Orders: $800,474.02 (Revised Cost) Project Status: Completed SFI Project Manager: Mark Osburn SFI Project Superintendent: Robert Guarino & Darrin Miller Relevance/Scope of Work: Demolition of existing concrete sidewalks and miscellaneous bulkheads, wood dock and associated wood piles. Installation of approximately 400 linear feet of Steel Sheet Pile seawall with concrete cap and associated rebar, (38) - 12" concrete anchor piles with 1" tie back rods. Construction of approximately 2,800 sf of new wood dock with 12" wood dock & mooring piles. Construction of a 42' x 16' Cast - In -Place / Articulating Concrete Block Boat Ramp. 2781 S.W. 56t" Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com Shoreline Foundation Inc. Project: City of Miami Beach Venetian Island Seawall Project Location: City of Miami Beach (COMB) Venetian Islands, Miami Beach, FL San Remo, Di Lido and Rivo Alto Islands Owners Representative: Paola Vega, Capital Prr leas Coordinator OFFICE OF CAPITAL IMPROVEMENT 1700 Convention Center Drive Miami Beach, FL 33139 Tel: 305.673.7071, Ext. 6833 Mobile: 786.314.8385 Fax: 305.673.7073 PaolaVeganmiamibeachfl.gov Construction Dates: START: August 2020 FINISH: February 2021 Construction cost: $649,825.00 Change Orders: Deductive:-$214,392 (deletion of 2 sites) Project Status: Complete SFI Project Manager: Mark Osburn SFI Project Superintendent: Sal Daher (Pile Installation), Jorge Dominguez (Carpentry) Relevance/Scope of Work: SFI was retained to raise the elevation of the COMB existing seawall caps at various sites located on the Three Venetian Isles: San Remo, Di Lido and Rivo Alto Islands. The miscellaneous scope of work included; the Installation of 12" x 12" x 24' concrete piles, Grade 60 reinforcement rebar, New cast -in -place concrete poured seawall caps, cast - in -place concrete retaining walls and St Augustine sod placement. 2781 S.W. 56th Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com Shoreline Foundation Inc. Project: Arlen House West Condominium Bulkhead Replacement Location: Arlen House West Condominium 500 Bayview Drive Sunny Isles Beach, FL 33160 Owners Representative: Kathy Haley (Board Member) Arlen House West Condominium 500 Bayview Drive Sunny Isles Beach, FL 33160 Cell (305) 798-8669 Kathy Haley: haleLnbellsouth.net Construction Dates: START: May 2020 FINISH: November 2020 Construction cost: $1,106,439.17 Change Orders: None. Project Status: Complete SFI Project Manager: Mark Osburn SFI Project Superintendent: Maxwell Rothstein (Pile/Seawall Panel Installation), Darrin Miller/Jorge Dominguez (Carpentry) Relevance/Scope of Work: Replacement of approximately 450 LF of existing concrete pile & panel seawall with new 12' x 10' x 8" concrete seawall panels with galvanized reinforcing rebar, 114 new 14" x 14" x 34' concrete batter & king piles, new 32" x 24" Cast -in -place concrete cap with galvanized reinforcing rebar, 3 — 12" outfall extensions with in -line check valves and manatee grates, 620 tons of 3' dia. natural limestone rip rap boulders place at the toe of the new seawall, 4501f of a new 6" x 4' x 350 if cast -in -place stamped and colored sidewalk, 4501f of an aluminum railing installed on top of the new concrete seawall cap and asphalt restoration. rs h 2781 S.W. 56th Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com Exhibit "C" Licensing and Proof of Insurance State of Florida Department of State I certify from the records of this office that SHORELINE FOUNDATION, INC. is a corporation organized under the laws of the State of Florida, filed on June 2, 1986. The document number of this corporation is J17125. I further certify that said corporation has paid all fees due this office through December 31, 2023, that its most recent annual report/uniform business report was filed on January 4, 2023, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fourth day of January, 2023 Seeretaty of ktaW Tracking Number: 0861781303CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Ron DeSantis, Governor Melanie S. Griffin, Secretary Florida STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTE / # B M - SHORELINE• DA• 2781 SW 56 AVENUE Vo . B.• .A. LICENSE NUMBER: CGC1517337 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 1649368 BUSINESS NAME/LOCATION RECEIPT NO. SHORELINE FOUNDATION INC RENEWAL DOING BUSINESS IN DADE COUNTY 7597130 LBT EXPIRES SEPTEMBER 30, 2023 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 OWNER SEC. TYPE OF BUSINESS SHORELINE FOUNDATION INC 196 GENERAL BUILDING CONTRACTOR PAYM€NTCECEIUEO C/O JAMES A ROYO QUALIFER CGC1517337 BYTAX COLLECTOR $75,00 08/30/2022 Worker(s) I FPPU i 0-22-005660 This Local Business Tax Receiptonly confirms paymentot the Local Business Tax. The Receipt is note license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT No. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. Formore information, visit www.miamidade. ov taxcollector Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOTA BILL -DO NOT PAY 1649368 BUSINESS NAMMOCATION SHORELINE FOUNDATION INC DOING BUSINESS IN DADE COUNTY LBT RECEIPT NO. EXPIRES RENEWAL SEPTEMBER 30, 2023 1649368 Must he displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 OWNER SEC. TYPE OF BUSINESS SHORELINE FOUNDATION INC 196 SPECIALTY ENGINEERING CONTRACT PAYMENT CTOfl C/O JAMES A ROYD QUALIFER E 1922 RYrAx cOLLEcrOR $75.00 08/30/2022 Worker(s) 2 FPPU04-22-008914 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holders qualifications, to do business. Holderm ust comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles -Miami-Dade Code Sec Ba-276_ formore information, visit www.miamidade.goy/taxco [lector 005859 Municipal Contractor's .]Receipt Miami -Dade County, State of Florida -THIS IS NOT ABILL - DO NOT PAY M C 1649368 BUSYNESS NAME/LOCATION RECEIPT NO. EXPIRES SHORELINE FOUNDATION INC NEW SEPTEMBER 30, 2023 DOING BUSINESS IN DADE COUNTY 7640220 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 OWNER SEC. TYPE OF BUSINESS SHORELINE FOUNDATION INC MMC SPECIALTY ENGINEERING CONTRA qMIT RECENED C/O JAMES A ROYO QUALIFIER E1922 COLLECTOR $250.00 08/30/2022 category(s) 4 FPPU04-22-008914 CTradiqesgwa Construction fying Board BUSINESS CERTIFICATE OF COMPETENCY El 922 SHORELINE FOUNDATION, INC D.B.A.: KUYU JAIVES ANTHONY Is certified under the provisions of Chapter 14 of Miami -Dade County DHS, USCG, CG-1270 (REV. 01-22) OMB APPROVED ZRL-,- UNITED STATES OF AMERICA 1625_0027 DEPARTMENT OF HOMELAND SECURITY UNITED STATES COAST GUARD NATIONAL VESSEL DOCUMENTATION CENTER CERTIFICATE OF DOCUMENTATION VESSEL NAME OFFICIAL NUMBER IMO OR OTHER NUMBER YEAR COMPLETED FOLEY D 1220321 DM09003 2009 HAILING PORT HULL MATERIAL MECHANICAL PROPULSION PEMBROKE PARK FL STEEL YES GROSS TONNAGE NET TONNAGE LENGTH BREADTH DEPTH 19 GRT 15 NRT 25.9 14.0 6.3 PLACE BUILT JACKSONVILLE FL OWNERS OPERATIONAL ENDORSEMENTS SHORELINE FOUNDATION INC COASTWISE MANAGING OWNER SHORELINE FOUNDATION INC 2781 SW 56TH AVE PEMBROKE PARK FL 33023 RESTRICTIONS NONE ENTITLEMENTS NONE REMARKS NONE ISSUE DATE JULY 25, 2022 THIS CERTIFICATE EXPIRES�P�ES"'�� JULY 31, 2023 �A...�,R�� 2'2 1790 DIRECTOR, NATIONAL VESSEL DOCUMENTATION CENTER PREVIOUS EDITION OBSOLETE, THIS CERTIFICATE MAY NOT BE ALTERED A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brown & Brown of Florida, Inc. a/cNro (954) 776-2222 a c, (954) 776-4446 Ext : No): 1201 W Cypress Creek Rd E-MAIL 053.certs@bbrown.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Suite 130 INSURERA: Liberty Mutual Insurance Company 23043 Fort Lauderdale FL 33309 INSURED INSURER B: The First Liberty Insurance Corporation 33588 Shoreline Foundation Inc INSURER C : Lloyd's of London 15642 2781 SW 56th Avenue INSURER D : Ascot Insurance Company 23752 INSURER E : Hollywood FL 33023 INSURER F COVERAGES CERTIFICATE NUMBER: 22-23 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MWDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGE TO PREM SES Ea oNcurrDence $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 A MLIB100114003 02/15/2022 02/15/2023 LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑X PRO ❑ LOC JECT: MOTHER PRODUCTS-COMP/OPAGG $ 2,000,000 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS AS6Z51292092032 10/01/2022 10/01/2023 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10,000,000 IX1 AGGREGATE $ 10,000,000 A EXCESS LAB CLAIMS -MADE MAXS221000108103 02/15/2022 02/15/2023 DED I X1 RETENTION $ 25,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABI LI TY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A WC6Z51292092022 10/01/2022 10/01/2023 ER /� STATUTE EORH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ Limit $5,000,000 C Vessel Pollution Policy 5627101 08/10/2022 08/10/2023 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Personal Injurty Protection Limit: $10,000 Listed/Covered Driver: Kenneth Guy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Shoreline Foundation, Inc. ACCORDANCE WITH THE POLICY PROVISIONS. 2781 SW56Avenue AUTHORIZED REPRESENTATIVE Pembroke Park FL 33023 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Brown & Brown of Florida, Inc. NAMED INSURED Shoreline Foundation Inc POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes — 50% Quota -Share on MGL, Hull, P&I with Ascot Insurance & 50% Quota Share on Bumbershoot w/Ascot Insurance Company— Hull/P&I Coverage - JonesAct/Crew Coverage Included Effective: 02/15/2022 - 02/15/2023 Policy# LIUH0036203 $1,000,000 P&I Limi ACORD 101 (2008/01) © 2008ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IFB Number: Title: Issue Date/Time: IFB Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification Contracting Officer: Contracting Officer E-Mail Address: City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement 1599386,4 Emergency Repair Services for City of Miami Marinas 07-DEC-2022 @ 9:00 A.M. 08-FEB-2023 @ 3:00 P.M. VOLUNTARY 13-DEC-2022 @ 10:00 A.M. Virtual Via Microsoft TEAMS 22-DEC-2022 @ 5:00 P.M. Soto, Teresa TSoto(&miamigov.com Contracting Officer Facsimile: (305)400-5024 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations or debarred or suspended as set in section 18- 107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: DATE: Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address, and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 01/01/2022). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Article II, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the City of Miami Local Office Certification form? YES OR NO? (The City of Miami Local Office Certification form is located in the Documents Section of BidSync) Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 Invitation for Bid (IFB) 1599386 Table of Contents Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE -BID CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. NON -APPROPRIATION OF FUNDS 2.6. METHOD OF AWARD 2.7. CONDITIONS FOR RENEWAL 2.8. BIDDER'S MINIMUM QUALIFICATIONS 2.9. STRUCTURE OF POOL OF VENDORS 2.10. SPOT MARKET PRICING PROCEDURE 2.11. SUBCONTRACTORS SHALL BE IDENTIFIED 2.12. SUBCONTRACTOR(S)' MINIMUM REQUIREMENTS 2.13. FAILURE TO PERFORM 2.14. CITY OCCUPANCY 2.15. INSURANCE REQUIREMENTS 2.16. PUBLIC ENTITY CRIMES 2.17. PERFORMANCE 2.18. CURES 2.19. SUBMISSION AND RECEIPT OF BIDS 2.20. BACKGROUND CHECKS 2.21. EMPLOYEES 2.22. LICENSES AND PERMITS 2.23. PRIMARY CLIENT (FIRST PRIORITY) 2.24. FEDERALLY FUNDED PROJECTS (a) INTRODUCTION (b) LOCAL PREFERENCE (c) DAVIS-BACON ACT (d) COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT (e) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT (f) NOTIFICATION TO PERFORM WORK (g) BACKGROUND CHECKS (h) EQUAL EMPLOYMENT OPPORTUNITY (i) CLEAN AIR ACT (j) FEDERAL WATER POLLUTION CONTROL ACT (k) NO OBLIGATION BY FEDERAL GOVERNMENT (1) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (m) BYRD ANTI -LOBBYING AMENDMENT (n) PROCUREMENT OF RECOVERED MATERIALS (o) DHS, SEAL, LOGO, AND FLAGS (p) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS Invitation for Bid (IFB) 1599386 (q) ACCESS TO RECORDS (r) SUSPENSION AND DEBARMENT (s) PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES (t) DOMESTIC PREFERENCES FOR PROCUREMENTS (u) AFFIRMATIVE SOCIOECONOMIC STEPS 2.25. NON-FEDRALLY FUNDED PROJECTS (a) INTRODUCTION (b) LOCAL PREFERENCE (c) LIVING WAGE ORDINACE 2.26. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS 2.27. PROJECT MANAGER 2.28. PARTS OF PASS -THROUGH COST 2.29. WORKMANSHIP AND MATERIALS 2.30. LABOR, SUPERVISION, AND EQUIPMENT 2.31. PERSONNEL 2.32. EMERGENCY SERVICE/CONTACT 2.33. SUPERVISORY MEETINGS/CONTACTS 2.34. TIE BIDS 2.35. LIQUIDATED DAMAGES 2.36. USE OF PREMISES 2.37. PUBLIC CONVENIENCE AND SAFETY 2.38. SAFETY MEASURES 2.39. DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.40. EQUITABLE ADJUSTMENT 2.41. REPAIRS 2.42. FORCE MAJEURE 2.43. WARRANTY, FITNESS FOR PURPOSE 2.44. REFERENCES 2.45. QUALITY OF WORK 2.46. DOCUMENTATION 2.47. INVOICING 2.48. METHOD OF PAYMENT 2.49. DELAYS 2.50. FINAL CLEAN-UP 2.51. COMPLETED WORK 2.52. ACCEPTANCE OF WORK 2.53. DISCONTINUATION OF EQUIPMENT 2.54. TERMINATION 2.55. ADDITIONAL TERMS AND CONDITIONS 2.56. BID BOND AND PAYMENT AND PERFORMANCE BOND 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) 1599386 • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON -RESPONSIVE • ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY • ATTACHMENT FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH. SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED, SPLIT IN MULTIPLE FILES • FOR BIDSYNC TECHNICAL DIFFICULTIES, AND/OR ISSUES, PLEASE CONTACT VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORT&BIDSYNC.COM Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 1599386 1.1.1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an estimated aggregate cost of $25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are attached in the Documents Section of BidSync. Invitation for Bid (IFB) 1599386 IS. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 19. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit, or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. Invitation for Bid (IFB) 1599386 C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non- responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred eighty (180) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. 1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall Invitation for Bid (IFB) 1599386 be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13. BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the BidSync Electronic Portal. 1.14. BRAND NAMES -If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive, or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. Invitation for Bid (IFB) 1599386 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION -Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered, including, but not limitedto: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. R Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation E Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. C. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. it National Forest Products Association (NFPA), as applicable to this Formal Solicitation. L City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K Cone of Silence, City Code Section 18-74. Invitation for Bid (IFB) 1599386 L The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks(amiamigov.com, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. Invitation for Bid (11713) 1599386 1.22. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third parry before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (1) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: Invitation for Bid (11713) 1599386 1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3) Conviction under state or federal antitrust statutes arising out of the submission of Bids orProposals. 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state, or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work; may not submit response 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. Invitation for Bid (11713) 1599386 1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder/Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated. Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/Contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 11A DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A.Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Bid non -responsive. B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. Invitation for Bid (IFB) 1599386 1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2) The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in making the award. 3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters, or changes any of the terms and conditions contained Invitation for Bid (11713) 1599386 in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi - government or non-profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES - A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination from Consideration. 1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or failed to deliver on time, under contracts of a similar nature. 3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107) or is currently debarred by the State of Florida or any political subdivision or is on the convicted vendor's list per Section 287.133, Florida Statutes. 1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. Invitation for Bid (IFB) 1599386 1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI- W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined, and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1 st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. R City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. Invitation for Bid (IFB) 1599386 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney'sfees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way, the expressed terms, and conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; A Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shallfurther, Invitation for Bid (IFB) 1599386 hold the City, its officials, and employees, indemnify, save, and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available to the City all reasonable facilities and assistanceto Invitation for Bid (IFB) 1599386 facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID - Bids received by the City, pursuant to a Formal Solicitation, will not be made available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46.INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305- 416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non - local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shallbe Invitation for Bid (IFB) 1599386 made to the local Bidder." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re -procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT - Successful Bidder/Proposer/Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Bidder/Proposer/Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Bidder/Proposer/Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Invitation for Bid (IFB) 1599386 Successful Bidder/Proposer/Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Proposer/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Proposer/Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 1.56.NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES. DEFICIENCIES. AND/OR TECHNICALITIE REQUIREMENTS OF THIS IFB SHALL. RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. Invitation for Bid (IFB) 1599386 1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I ofthe City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print type or manually enter all requested information, sign, and upload the Certification Statement. B. If so required, the unit price for each unit offered, shall be shown, and such price shall include packaging, handling, and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail. Invitation for Bid (IFB) 1599386 C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services. A The Bidder should retain a copy of all response documents for future reference. E. All Bids, as described, must be fully completed, and typed, or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having any erasures or corrections, must be initialed in ink by person signing the Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person, or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66. PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Invitation for Bid (IFB) 1599386 Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions, and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. 1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70. PUBLIC RECORDS - Successful Bidder/Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: Invitation for Bid (IFB) 1599386 A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT THE APPLICATION OF CHAPTER 119. FLORIDA STATUTES. HAS QUESTIONS TO THE REGARDING CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT. CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM. OR REGULAR OF THE CITY ATTORNEY. 444 SW 2ND AVENUE. MAIL AT CITY OF 9TH FL, MIAMI, MIAMI OFFICE FL 33130, THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT, Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.72. QUALITY OF WORK/SERVICES - The work/services performed shall be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as otherwise specified in the Formal Solicitation. 1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A.Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such Invitation for Bid (IFB) 1599386 authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (a)Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. (1) Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer;or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or Invitation for Bid (IFB) 1599386 b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non -responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation, or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the end of the next day, which is neither a Saturday, Sunday nor legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests; herring officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial courtjudge. The hearing officer may be appointed from alternative sources (e.g., expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre- qualified group should be scheduled to hear protests on a rotational basis. Invitation for Bid (IFB) 1599386 (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18- 104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary Invitation for Bid (IFB) 1599386 to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support aconclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. (d) Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (fl Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Invitation for Bid (IFB) 1599386 chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22- 02; Ord. No. 13629, § 2, 9-8-16) 1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the property of the City. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the Bid. 1.80. SUBMISSION AND RECEIPT OF BIDS - Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidSync, prior to the Bid submittal deadline, shall be accepted as a timely submittal and anything thereafter will be rejected. Invitation for Bid (11713) 1599386 Additionally, BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENTSHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely by the Bidder. 1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and acceptance of the goods/services, and pursuant to Section 218.74, Invitation for Bid (IFB) 1599386 Florida Statutes, and other applicable law. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. Invitation for Bid (IFB) 1599386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a pool contract ("Pool'), which will be used for Federally Funded and Non -Federally Funded projects, for emergency repair services at City of Miami Marinas, as specified herein, from a source(s), fully compliant with the terms, conditions, and stipulations of the Solicitation. 2.2. PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Tuesday, December 13, 2022 at 10:00 AM, via Teams Click here to join the meeting or via phone +786-598-2961, ID: 515 351069. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Bid Conference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the Bidsync Portal. All questions must be received no later than Thursday, December 22, 2022 at 5:00 P.M. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for three (3) additional years, subject to the availability of funds for succeeding fiscal years. Continuation of the Contract beyond the initial period is a City prerogative, not the right of the Bidder(s). This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Bidder(s) of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). Invitation for Bid (IFB) 1599386 2.6. METHOD OF AWARD Award of this Contract will be made to all the responsive and responsible Bidders who meet the minimum requirements set forth in this solicitation. Awarded Bidders will be placed in a pre -qualified pool of vendors list. The list will be utilized by the City to obtain spot market quotations to procure emergency repair services at the various City of Miami Marinas on an as needed basis. The City intends to award all groups of this solicitation in two (2) categories: Group 1, Federally Funded Projects and Group 2, Non -Federally Funded Projects. All Bidders may apply to one (1) category (Federally Funded Projects or Non -Federally Funded Projects), or both groups listed in this solicitation. 2.7. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds. 2.8. BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing repair services for the various City of Miami Marinas, for a minimum of five (5) consecutive years, as described herein. The Bidder(s)' shall: 1. Have and submit a current General Contractor's license, as issued by the State of Florida Department of Business and Professional Regulation (DPBR), and be able to pull permits as required by the City of Miami, Miami -Dade County in order to perform the proposed work (whenever necessary); 2. Have a minimum of five (5) consecutive years' experience in Marine construction and installation of marina pilings; 3. Have and submit Certificate of Compliance with U.S. Coast Guard for tugs over twenty-six (26) feet (ft.); 4. Have and submit a U.S. Longshoremen & Harbor Workers' insurance coverage; 5. Have the same Federal Employee Identification Number (FEIN) for the last five (5) consecutive years; 6. Submit three (3) references, for your firm, for projects within the past five (5) years, in the Certification Section of the Solicitation, evidencing the minimum five (5) years' consecutive experience in the specified work herein; 7. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts or interest with the City; and 8. Not have any member, officer, or stockholder that is in arrears or is in default or any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. Invitation for Bid (IFB) 1599386 Copies of licenses, U.S. Longshoremen & Harbor workers insurance coverage, Certificate of Compliance with the U.S. Coast Guard, signed Certification Statement and Certification Section with references, for your firm, shall be submitted with your bid submittal; and Failure to submit the above licenses, U.S. Longshoremen & Harbor workers insurance coverage, Certificate of Compliance with the U.S. Coast Guard, signed Certification Statement and Certification Section with references for your firm with your bid submittal, shall render your bid non -responsive. 29. STRUCTURE OF POOL OF VENDORS It is the City's intention to create a Pool of Successful Pre -Qualified Bidders to be available to provide the requested services in this Solicitation on an as needed basis. The Pool will have as many members as the City deems appropriate. The City may periodically add members and categories. The addition of new members and/or categories will be done through a competitive process using the minimum qualification requirements established in this Solicitation, as described in Section 2.8, Bidder's Minimum Qualifications. At the City's discretion, members may be dropped from the Pool for lack of participation, which shall include failure over a reasonable time to bid on Spot Market Quote Requests (Quotes) offered through the Pool, poor performance in executing a quote, being in arrears in obligations to the City, and any other reason specified by City policies and/or procedures. Successful Pre -Qualified Bidders shall maintain the qualifications of the firm and proposed personnel at a standard consistent and equivalent to the qualification submissions submitted in response to this IFB. 2.10. SPOT MARKET PRICING PROCEDURE Successful Pre -qualified Bidders will participate in subsequent spot market quotations as required by the City, on an as -needed basis. Spot market pricing procedures may be initiated either by the User Department or the Department of Procurement. In general, written spot market quotes will be gathered from all vetted Pre -Qualified Bidders for emergency repairs at the Marinas. Spot market quotations will include the specifications and any terms and conditions specific for the job requested. All Bidders submit a spot market quote must abide by the deadlines stated in the quote request. The City reserves the right to verify the information submitted by the Bidders and to obtain and evaluate additional information, as it is deemed necessary, to ascertain the Bidders' conformance to the minimum requirements. 2.11. SUBCONTRACTORS SHALL BE IDENTIFIED A subcontractor is an individual or firm contracted by the Successful Bidder(s) to assist in the performance of services required under this solicitation. A subcontractor shall be paid through the Successful Bidder(s)' firm and not paid directly by the City. Subcontractors are allowed by the City in the performance of the services delineated within this solicitation. Bidders must clearly reflect in their bid response the major subcontractor(s) to be utilized in the performance of the required services. The City retains the right to accept or reject any subcontractor(s) proposed in the response of the Bidder(s) or prior to contract execution. Any and all liabilities regarding the use of a subcontractor shall be borne solely by the Successful Bidder(s) and the insurance for each subcontractor must be maintained in good standing Invitation for Bid (IFB) 1599386 and approved by the City throughout the duration of the Contract. Neither Successful Bidder(s) nor any of their subcontractor(s) are considered to be employees or agents of the City. Failure to list all subcontractor(s) and provide the required information may disqualify any proposed subcontractor(s) from performing work under this solicitation. Bidders shall include in their bid response the requested subcontractor(s)' information and include all relevant information required of the Bidders. In addition, within five (5) working days after the identification of the award to the Successful Bidder(s), the Successful Bidder(s) shall provide a list confirming the subcontractor(s) that the Successful Bidder(s) intend to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each subcontractor(s), the services the subcontractor(s) will provide relative to any Contract that may result from this solicitation, any applicable licenses, references, ownership, and other information required of the Successful Bidder(s). 2.12. SUBCONTRACTOR(S)' MINIMUM REQUIREMENTS Successful Bidder(s) must list any or all subcontractor(s) that may be utilized to assist in the performance of the work specified herein. Any subcontractor(s) listed must meet the same requirements and submit the same information listed under the Bidder's Minimum Qualifications section. All information required shall be included in the solicitation process. If the Successful Bidder(s) does not include any subcontractor(s) as part of their bid submittal, it will be construed that the Successful Bidder(s) will be able to handle the entire workload by themselves and will not be allowed to subcontract any of the work. 2.13. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare the Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment. 2.14. CITY OCCUPANCY The City may occupy all or any portions of the facility during the entire period of work. The Successful Bidder(s) shall cooperate fully with the Project Manager or designee during the work to minimize conflicts and to facilitate City operations and the operations of any other contractors. 2.15. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials, and employees, indemnify, save, and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel Invitation for Bid (IFB) 1599386 satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s) shall require all sub -contractor agreements to include a provision that each sub- contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder(s)' actions. In reviewing, approving, or rejecting any submissions by the Successful Bidder(s) or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). Please see attached Insurance Addendum for insurance definitions, requirements, and conditions located in the Documents Section of this Solicitation. The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation Limits of Liability Statutory - State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit Invitation for Bid (IFB) 1599386 (2) Commercial General Liability (Primary and Non -Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability — Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Personal and Adv. Injury $1,000,000 Products and Completed Operations $1,000,000 B. Endorsements Required: City of Miami included as an Additional insured. Contingent and Contractual Liability. Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement (3) Business Automobile Liability A. Limits of Liability Bodily injury and property damage liability Combined single limits. Owned/Scheduled Autos, Including hired, borrowed or Non -Owned, Any One Accident $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured (4) Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 Aggregate $1,000,000 City of Miami listed as additional insured Invitation for Bid (IFB) 1599386 Coverage is excess follow form over all liability policies contained herein. (5) Protection and Indemnity Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as additional insured (6) Payment and Performance Bond TBD City listed as Obligee BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder(s). All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY IFB NUMBER AND/OR TITLE OF IFB MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder(s) of their liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder(s) shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (7) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation for Bid. (8) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder(s) shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder(s). Invitation for Bid (IFB) 1599386 2.16. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that 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 Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals 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 in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendorlist. 2.17. PERFORMANCE The Successful Bidder(s) shall be held fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work and complying with all federal and state laws as well as any and all City of Miami ordinance and codes relating to such work. 2.18. CURES Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 2.19. SUBMISSION AND RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.20. BACKGROUND CHECKS JESSICA LUNSFORD ACT (JLA) BACKGROUND SCREENING REQUIREMENTS: In accordance with the requirements of Sections, 1012.465, and 1012.32 and 1012.467, Florida Statutes, as amended from time to time Successful Bidder agrees that, if Successful Bidder receives remuneration for services, Successful Bidder and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and all background screening requirements, including level 2 screening requirements as outlined in the above -referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal history checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from Level 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the provisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any provisions that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.467, will be superseded by said statute. Invitation for Bid (11713) 1599386 A non -instructional Successful Bidder who is exempt from the screening requirements set forth in Sections 1012.465, 1012.468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under Section 943.043 and the national sex offender public registry maintained by the United States Department of Justice. Successful Bidder will not be charged for this search. Further, upon obtaining clearance by City the City will issue a photo identification badge consistent with any statutory requirements, which shall be worn by the individual at all times while on City property when children are present. Successful Bidder agrees to bear any, and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Successful Bidder agrees to require all its affected employees to sign a statement, as a condition of employment with Successful Bidder in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Successful Bidder/Employer of any arrest(s) or conviction(s) of any offense within 48 hours of its occurrence. Successful Bidder agrees to provide the City with a list of all of its employees who have completed background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Successful Bidder agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Successful Bidder further agrees to notify the City immediately upon becoming aware that one of its employees, who was previously certified as completing the background check and meeting the statutory standards, is subsequently arrested, or convicted of any disqualifying offense. Failure by Successful Bidder to notify the City of such arrest or conviction within 48 hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City and removal from the Pool. The parties further agree that failure by Successful Bidder to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Contract. 2.21. EMPLOYEES Work shoes (footwear which fully covers and protects the entire foot), shall be worn at tall times. Shorts, torn and/or dirty clothing, cut-off t-shirts, and clothing with unacceptable verbiage, as determined by the City, shall not be worn. The employee(s) of the Successful Bidder(s) shall at all times wear their company issued identification badge. Should the Successful Bidder(s) not issue such a form of identification, the employee(s) shall wear an issued badge from the City of Miami Police Department facility being serviced. The facility may require both a facility badge and a company badge. The Successful Bidder(s)' employee(s), regardless of the nature of the call, shall always identify themselves to the lobby security, request to speak with the Project Manager or designee, and sign in and out. Invitation for Bid (IFB) 1599386 2.22. LICENSES AND PERMITS Services performed for the City will require licenses and permits in the same manner as other projects within the City. The Successful Bidder(s) shall secure, at their expense, all licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local agency. The Successful Bidder(s) must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the performance of the work. Any fines or penalties to the Successful Bidder(s) shall be paid at the Successful Bidder(s)' expense. 2.23. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agrees upon award of this contract that the City of Miami shall be their primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms, or any other public emergency impacting various areas during or approximately the same time. 2.24. FEDERALLY FUNDED PROJECTS (ONLY APPLICABLE TO GROUP 1—FEDERALLY FUNDED PROJECTS) (a) INTRODUCTION This section applies to all projects funded with Federal dollars. Sections 2.1 — 2.23 and Sections 2.26 — 2.55 also apply to this Group. Bidders must use the applicable Federally Funded Bid Price Sheet for Group 1. (b) LOCAL PREFERENCE Local Preference as referenced in Section 1.48 does not apply to this Section. (c) DAVIS-BACON ACT a. All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, contractors are required to pay wages not less than once aweek Invitation for Bid (IFB) 1599386 (d) COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT a. Contractor. The Contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145 and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12. (e) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT a. Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (b) (1) of this section, the Contractor, and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b) (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. b. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. Invitation for Bid (11713) 1599386 c. Subcontracts: The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (b)(1) through (4) of this section. (f) NOTIFICATION TO PERFORM WORK The Successful Bidder shall notify the Project Manager or designee when an employee is on the property and for what purpose. (g) BACKGROUND CHECKS The Successful Bidder shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue § 1012-32. The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement of the project, the Successful Bidder shall provide Level Two (2) background screening results for all employees completing the work on park grounds. (h) EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not Invitation for Bid (IFB) 1599386 otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. d. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. Invitation for Bid (IFB) 1599386 The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings." (i) CLEAN AIR ACT a. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. b. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 0) FEDERAL WATER POLLUTION CONTROL ACT a. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. b. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Invitation for Bid (IFB) 1599386 c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (k) NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. (1) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. (m) BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded form tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency. Please refer to the Documents section of BidSync for the Attachment titled "Certification Regarding Lobbying". It is MANDATORY for the Bidders to return this form signed, along with their bid. (n) PROCUREMENT OF RECOVERED MATERIALS 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired; a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. Invitation for Bid (IFB) 1599386 (o) DHS, SEAL, LOGO, AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. (p) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund this contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. (q) ACCESS TO RECORDS a. The Contractor agrees to provide the City of Miami, (insert name of project manager), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. b.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. c. The Contractor agrees to provide the FEMA Administrator or its authorized representatives' access to construction or other work sites pertaining to the work being completed under this contract. (r) SUSPENSION AND DEBAREMENT (IN ADDITION TO GENERAL TERMS AND CONDITIONS, SECTION 1.25) a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. c. This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Invitation for Bid (IFB) 1599386 d. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. (s) PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES (a)Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or Invitation for Bid (IFB) 1599386 (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (1) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of thisclause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. (t) DOMESTIC PREFERENCES FOR PROCUREMENTS As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. Invitation for Bid (IFB) 1599386 For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber." (u) AFFIRMATIVE SOCIOECONOMIC STEPS If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 2.25. NON-FEDRALLY FUNDED PROJECTS (ONLY APPLICABLE TO GROUP 2 NON - FEDERALLY FUNDED PROJECTS) (a) INTRODUCTION This section applies to all projects that are non -federally funded. Section 2.1 — 2.23 and Sections 2.26 — 2.55 also apply to this Group. Bidders must use the applicable Bid Price Sheet for Group 2. (b) LOCAL PREFERENCE Local Preference referenced per Section 1.48 applies to this section and will be considered at the spot market pricing stage. Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48, Local Preference, and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Bid at the time of Bid due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form; • Submission of a copy of the Bidder's lease documents at the location being deemed a City of Miami Local Office; • Submission of a City of Miami Business Tax Receipt • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Bidder. Invitation for Bid (IFB) 1599386 (c) LIVING WAGE ORDINANCE Living wage ordinance applies for all non -federally funded projects as stated in Section 1.38 Florida Minimum Wage and City of Miami Living Wage Ordinance, Subsection B. City of Miami Living Wage Ordinance. 2.26. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific facilities/products/items/services/suppliers, it is hereby agreed and understood that any facility/product/item/service/supplier may be added/deleted to/from this Contract at the option of the City. When an additional facility/product/item/service to the Contract is required, the supplier(s) shall be invited to submit price quotes for these new facilities/products/items/services. If the prices are not competitive or not carried, the City maintains the right to add additional suppliers for the Contract to carry those items required. If these quotes are comparable with market prices offered for similar facilities/products/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and an addendum and a separate purchase order shall be issued by the City. 2.27. PROJECT MANAGER Upon award, Successful Bidder shall report and work directly with Daniel Muelhaupt, who shall be designated as the Project Manager for the City. 2.28. PARTS OF PASS -THROUGH COST All cost for parts required for repair jobs and not otherwise included in the routine maintenance shall be billed at the Successful Bidder(s)' actual cost and will be passed on to the City without markup or any additional fees. Successful Bidder(s) shall submit purchase receipt of parts along with labor invoice for payment. Successful Bidder(s) shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment /materials shall not be specified or installed in the facilities. All parts installed and materials used in performance of this Contract shall be new and unused (of current design and manufacturer). Salvage materials will not be allowed without the expressed consent of the Project Manager or designee. All materials and workmanship shall be for the highest quality and shall conform to all applicable codes, so as to ensure safe and functional operations. The City shall be the sole judge as to parts and workmanship. 2.29. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this Contract shall be new and unused (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. Invitation for Bid (IFB) 1599386 2.30. LABOR, SUPERVISION, AND EQUIPMENT The Successful Bidder(s) shall furnish, at their own expense, all labor, supervision, supplies, and equipment necessary for satisfactory completion of all the services as specified in the IFB. All equipment shall be maintained in an efficient and safe operating condition while performing work under the Contract. Equipment must have all proper safety devices required by law which shall be properly maintained and in use at all times. To this regard, the City reserves the right to request a list of such items for approval of use. It may require a change of designated item(s) that are deemed by the City as unsafe, or which may create an uncomfortable environment and/or service to City employees or patrons. Successful Bidder(s) shall be solely responsible for the equipment used in this Contract. The City will not provide any storage facilities for said equipment or supplies. 2.31. PERSONNEL The Successful Bidder(s) shall be deemed to represent that is has, or will have upon the award of the Contract, all necessary personnel required to perform all services arising from the award of the Contract. All services required herein shall be performed by the Successful Bidder(s) and all personnel engaged in performing the services shall be qualified to perform such services. 2.32. EMERGENCY SERVICE/CONTACT The Successful Bidder(s) shall provide the City with evening, weekend, and holiday service, as necessary, to handle an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder(s) shall be immediately available via a twenty-four (24) hour, seven (7) day per week phone service. It is expected that non-scheduled requests for service (emergency call, etc.) shall be responded to within two (2) hours after the call is placed to the service or directly to the Successful Bidder(s). The Successful Bidder(s) shall ensure that the Project Manager or designee has the cell phone and the home phone (if applicable) of all employees assigned, or who would be called to the facility, and the designated employee(s) shall be directed to respond to direct calls from the Project Manager or designee. 2.33. SUPERVISORY MEETINGS/CONTACTS The Successful Bidder(s) shall provide an executive -level manager representative to meet with the City's Project Manager or designee at the discretion of the City, for the purpose of reviewing contract compliance and performance. The Successful Bidder(s)' shall supply the name and telephone numbers (cell phone number, home and/or office) of at least two (2) company individuals with the authority to make management decisions and who can be reached at any time. 2.34. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Invitation for Bid (IFB) 1599386 (1) 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 action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' 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. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will 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. (5) 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. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.35. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, shall result in liquidated damages being assessed. The Successful Bidder shall be subject to an assessment of liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.36. USE OF PREMISES The Successful Bidder(s) shall confine their equipment, apparatus, the storage of materials, and the operation of their workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager or designee, and shall not unreasonably encumber the premises with their materials. The Successful Bidder(s) shall take all measures necessary to protect their own materials. 2.37. PUBLIC CONVENIENCE AND SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel. The Successful Bidder(s) shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and they shall be liable for all damages occasioned in any way by their actions or neglect or that of their agents or employees. Invitation for Bid (11713) 1599386 The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 A.M. and 10:00 P.M. noise levels shall not exceed 65 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 10:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.38. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. Successful Bidder(s) shall provide adequate barriers, flag person, traffic cones, signs and/or warning devices during the performance of the contract. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. Any damage to public or private property as the result of operations of the Successful Bidder(s), shall be the sole responsibility of the Successful Bidder(s) and shall be repaired by the Successful Bidder(s), their forces, or their selected personnel, to the satisfaction of the Project Manager, or designee of the City of Miami Police Department. 2.39. DAMAGES TO PUBLIC/PRIVATE PROPERTY Any damage caused by the Successful Bidder(s) shall be reported to the Project Manager or designee, either in person or in writing. Successful Bidder(s) shall be responsible for paying for any and all damages of which may be paid via credit against monthly billing or by direct payment. The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one (1) month from date damage was done). 2.40. EQUITABLE ADJUSTMENT The Procurement Department may, in its sole discretion, make an equitable adjustment in the Contract pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affect the Successful Bidder(s) that continued performance of the Contract would result in substantial loss. Successful Bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. Invitation for Bid (IFB) 1599386 2.41. REPAIRS Non -Immediate Repairs When the Successful Bidder(s) has been notified of serviced needed, the Successful Bidder(s) shall arrive at the work site within twenty-four (24) hours from the first point of contact with the Project Manager or designee. If the Successful Bidder(s) fails to arrive within twenty-four (24) hours, the Successful Bidder(s) will be found to be in default. Pursuant to Section 2.54, Termination Clause, the City reserves the right to terminate this Contract if the Successful Bidder(s) fails to respond to more than three (3) consecutive service calls. In the event that non -immediate repairs for service calls are expected to exceed $5,000, the Successful Bidder(s) shall only make the site secure and safe. The Successful Bidder(s) shall submit an estimate for repairs the same day services are requested, in order to obtain a Notice to Proceed for non -immediate repairs. Once Notice to Proceed has been issued by the City, the Successful Bidder(s) may begin permitting process. purchasing of materials, and any site prep work needed. Immediate Repairs If electrical repairs and/or electrical parts installation is required immediately, it will be communicated to the Successful Bidder(s) by the Project Manager or designee. The Successful Bidder(s) shall provide a call back to the Project Manager or designee within two (2) hours, otherwise the Successful Bidder(s) will be found to be in default. For immediate repairs, the Successful Bidder(s) is expected to arrive at the work site to fix or secure the problem within twelve (12) hours from the point of contact from the Project Manager or designee. Pursuant to Section 2.54, Termination Clause, the City reserves the right to terminate this Contract after Successful Bidder(s) fails to respond to more than three (3) consecutive service calls. The Successful Bidder(s) shall be allowed up to twelve (12) hours maximum for immediate repairs. If repair will exceed twelve (12) hours, Successful Bidder(s) must obtain written authorization from the Project Manager or designee. If Successful Bidder(s) is found to be in default, they shall remove all equipment, tools, unused materials, and construction debris within forty-eight (48) hours from being notified via default notice. 2.42. FORCE MAJEURE Successful Bidder(s) shall not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to act of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 2.43. WARRANTY, FITNESS FOR PURPOSE The Successful Bidder(s) warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (1) year from date ofcompletion. In addition to all other warranties that may be supplied by the Successful Bidder(s), the Successful Bidder(s) shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardlessof Invitation for Bid (IFB) 1599386 whether the contractor is under contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the Successful Bidder(s) does not constitute a waiver of these warranty provisions. The Successful Bidder(s) shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the Successful Bidder(s) of such deficiency in writing. If the Successful Bidder(s) fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the Successful Bidder(s), in writing, that the Successful Bidder(s) may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the Successful Bidder(s) fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Successful Bidder(s) in defaults of its contract, and/or (b) procure the products or services from another contractor and charge the contractor for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 2.44. REFERENCES Each bid must be accompanied by a list of three (3) references, in the Certification Statement of the Solicitation. The Bidder may only use one (1) department as a reference from each entity. This is reflected in Certification Section of this Solicitation. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.45. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. Failure to perform under the terms and conditions of this Contract will cause the Project Manager or designee, to submit a Vendor Performance Form to the Procurement Department for follow-up. Should the Procurement Department receive three (3) Vendor Performance Forms, then the Successful Bidder(s) will be immediately removed from the Contract for the remainder of the Contract period. 2.46. DOCUMENTATION The Successful Bidder(s) shall leave with the City's Project Manager or designee a copy of the service order and/or other applicable documentation of the visit. This documentation shall reflect, in detail, the work performed and recommendations, if any. In the case of unscheduled visits, the documentation of the same shall be left with the City's Project Manager or designee. 2.47. INVOICING Invoices submitted for payment by the City shall contain purchase order number, work order number, if applicable, details of service(s) performed, number of labor hours for each worker (if applicable), hourly rate for each worker, total man hours billed, and material/parts furnished, and actual cost itemized separate from the labor rates and number of labor hours. Copies of invoices or other appropriate documentation including available receipts for material/parts purchased or supplied shall be provided for Invitation for Bid (11713) 1599386 each job to support their actual cost prior to reimbursement. Failure to itemize the aforementioned will result in the invoice being returned for adherence to the same. Material cost including unit prices shall be listed as separate item. Material, parts, or equipment installed shall be invoiced at Successful Bidder(s)' actual cost to include any and all discounts offered by their supplier. Material prices submitted are subject to verification by the City. Failure to submit any required documentation, including properly prepared invoices and/or should the City determine the invoice to differ from the actual work performed, the City will not be responsible for payment of such. The City will only be responsible for payment of actual work performed, and upon properly submitted invoices/documentation. 2.48. METHOD OF PAYMENT Payment will be made within thirty (30) days arrears for services rendered the previous month, upon submission of properly certified/approved invoices or inspection reports. All such information shall be provided to the Project Manager or designee for their approval in advance of the payment. The City will pay the Contract price minus any liquidated damages and/or other damages to the Successful Bidder(s) upon final completion and acceptance. Damages caused by the Successful Bidder(s) employee(s) shall be estimated by the Project Manager or designee and computed actual costs or repairs shall be deducted from the Successful Bidder(s)' monthly billing. Proven theft made by the Successful Bidder(s)' employee(s), shall result in the replacement of the identified item(s), and all replacement costs shall be deducted from the Successful Bidder(s)' total monthly billing. 2.49. DELAYS The Successful Bidder(s) shall notify the Project Manager or designee of any actual or potential delays. 2.50. FINAL CLEAN-UP Upon completion of the work and before acceptance and final payment is made, the Successful Bidder(s) shall clean, remove, and properly dispose of from the premises, all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged during the performance of the work, and shall leave the work in a neat and presentable condition. 2.51. COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder(s) at no additional charge to the City. 2.52. ACCEPTANCE OF WORK Should any work not meet the expectations of the City's Project Manager or designee, the Successful Bidder(s) shall be required to correct the fault or faults at their expense in both time and material. Invitation for Bid (IFB) 1599386 2.53. DISCONTINUATION OF EQUIPMENT In the event items requested are discontinued by the manufacturer, the Successful Bidder(s) shall substitute an approved equivalent replacement item from the same manufacturer at equal or lower pricing. The Successful Bidder(s) shall advise the City of any anticipated discontinuation. Proposed replacement equipment must be submitted for review and approval prior to completion of any substitution. 254. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in their performance under this Contract and does not cure the default thirty (30) days after the written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services, provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default, or (2) the Successful Bidder(s)' failure to perform is without their or their subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interests of the City of Miami.. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami, the Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 255. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted, either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions, and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgement form attests to this. 2.56. BID BOND AND PAYMENT AND PERFORMANCE BOND A Bid Bond and/or a Payment and Performance Bond is not required for this project. Invitation for Bid (IFB) 1599386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK PILING REPLACMENT Successful Bidder(s) shall provide all labor, parts, materials, and equipment, required for the driving of greenheart mooring pilings and related equipment for services required herein. In addition, the Successful Bidder(s) shall have staff available to perform emergency services when requested within twenty-four (24) hours, seven (7) days a week. Bid pricing shall include removal and disposal of existing piling. Installation-Greenheart Timber Piles t. Piles shall be driven to ten (10) tons bearing, indicated by the blow per foot count, per the Florida Department of Transportation (FDOT) and building code standards and have a minimum ten (10) foot (ft.) penetration in firm material. Pile cutoffs shall be at the same elevation as existing pilings; 2. After driving, piles shall be cut to the required elevation and banded, using twenty-two (22) gauge stainless steel strapping, one (1) inch (in.) wide. Tighten strapping and clip, crimping twice, with a notch type sealer; 3. Cap piles with a black plastic cone, nailed to the piles with stainless steel ring shank nails. Install one (1) wooden rope holder to each pile; 4. Work shall consist of, but not limited to, installation of mooring piles; 5. The unit price per pile (based on a forty (40) ft. length) shall include, but not limited to, use of genuine greenheart mooring piles and related hardware. The piles shall be genuine Domorara Greenheart - Ocotea Rodioai (Mex), having a minimum circumference of forty-one (41) in., three (3) ft. from the butt end. The unit price shall include, but not limited to, all work associated with the removal and disposal of existing piles and redriving of new piles in the same footprint as the originals; and 6. Installation of new piles shall be coordinated with the Dockmaster or designee. The Dockmaster or designee shall have the authority to add, delete, modify, or schedule the work, as conditions may mandate and as deemed in the best interest of the City. Wood Dock Re an irs Successful Bidder(s) shall provide all labor, parts, materials, and equipment, required for the repair of wood docks at the City of Miami Marinas. In addition, the Successful Bidder(s) shall have staff available to perform emergency services when requested within twenty-four (24) hours, seven (7) days a week. Bid pricing shall include removal and disposal of wood and replacement with pressure treated wood. Replace decking with pressure treated decking and add new framing as needed into existing frame using corrosion resistant fasteners and hardware. Successful Bidders shall be responsible for permits if required. Invitation for Bid (IFB) 1599386 Repairs 1. Installation of new wood deck shall be coordinated with the Dockmaster or designee. The Dockmaster or designee shall have the authority to add, delete, modify, or schedule the work as conditions may mandate and as deemed in the best interest of the City. Notes: 1. Additional work outside the scope of work shall be reported to the Project Manager or designee prior to commencement. No work shall be completed without the written approval of the Project Manager or designee. The City reserves the right to issue a spot market quotation to Pool members for additional work that deviates from the Scope of Work herein. "Note: LICENSES AND PERMITS: Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successful Bidder(s) shall secure, at their expense, all licenses and permits and shall fully comply with all applicable laws, regulations, and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder(s) must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful Bidder(s) shall be paid at the Successful Bidder(s)' expense. Q-TiAtiv of ffliiami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager /f • t"I } ADDENDUM NO. 4 IFB 1599386 January 25, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. Attachments titled "Attachment B — IFB 1599386 Emergency Repair Services for City of Miami Marinas, Bid Price Sheet — Group 1 Federally Funded Projects" and "Attachment C — IFB 1599386 Emergency Repair Services for City of Miami Marinas, Bid Price Sheet — Group 2 Non -Federally Funded Projects" have been deleted in their entirety from the Document Section of BidSync. B. The following are the City's response to questions received from prospective Bidders: Q1. Is there a mark-up cost on materials? Al. Refer to Section 2.28. Parts at Pass -Through Cost of the Solicitation. Q2. Will the Bid be adjusted to include pricing for mobilization cost for crew and barge? A2. Refer to Section 2.10. Spot Market Pricing Procedure of the Solicitation. Q3. Is there an anticipated scope of work for the emergency marine services? A3. Emergency marine services will be solicited on a case -by -case and/or on an as needed basis. Q4. Will the Bid Price Sheets be revised to include engineering, surveys, and permit expenses? A4. Refer to Section A above. Q5. Is a Bid Bond and/or a Payment and Performance Bond required? A5. Refer to Section 2.56 Bid Bond and Payment and Performance Bond of the solicitation. Q6. Will a line item be added to the Bid Price sheets to include barge work, pile replacements, and electrical repair services? A6. Refer to Section A above. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Andrew Frey, Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: SIGNATURE: DATE: 2 Q-TiAtiv o 'ffliir ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager /f • t"I } ADDENDUM NO. 3 IFB 1599386 January 25, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Wednesday, February 8, 2023, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Hans Maichel, Interim Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: SIGNATURE: DATE: Q-TiAtiv o 'ffliir ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager fif • uu fin ie ADDENDUM NO. 2 IFB 1599386 January 17, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Thursday, January 26, 2023, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. v//Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Hans Maichel, Interim Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: SIGNATURE: DATE: Q-TiAtiv o 'ffliir ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager k1 - rJ ADDENDUM NO. 1 IFB 1599386 January 9, 2023 Invitation for Bid ("IFB") Emergency Repair Services for City of Miami Marinas TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Wednesday, January 18, 2023, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. A�GZGx� v//nnie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Hans Maichel, Interim Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: SIGNATURE: DATE: