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21-012-04 Flotech Environmental LLC Fully Executed Agreement 3-8-2021CONTRACT NO. 21-012-04 City of Miami Beach,1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490, Fax: 786-394-4235 SENT VIA E-MAIL TO: yinet.quintana@flotechllc.com March 4, 2021 Jose L. Ferre Flotech Environmental, LLC 5245 NW 36 Street, Ste 230 Miami, FL 33166 Phone: 786-365-0635 RE: NOTICE OF AWARD OF CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2021-012-WG ROUTINE AND EMERGENCY REPAIR SERVICES TO WATER SEWER AND STORMWATER SYSTEMS Dear Mr. Ferre: On November 26, 2020, Flotech Environmental, LLC., (the “Contractor”) submitted to the City of Miami Beach, Florida (the “City”) a request to be prequalified for future projects in response to the above-referenced ITB. The ITB stipulates, pursuant to Section 0200, Sub-Section 16, Binding Contract, that the approval of the City Manager’s recommendation by the Mayor and City Commission shall constitute a binding Contract between the City and the awarded bidder. Accordingly, this letter shall serve as official notice from the City that the Mayor and Commission, at its February 10, 2021 meeting, approved the City Manager’s recommendation, pursuant to the ITB, to prequalify the Contractor to be eligible to provide services to the City for routine and emergency repairs to water, sewer and stormwater systems. When requesting department(s) requires services, it may seek quotes from prequalified contractors and may select the contractor it deems to be in the best interest of the City. All work will be awarded and must be performed in accordance with the ITB and any supplemental project plans, specifications and instructions. No services may be performed until such time as the City has issued a Purchase Order. If you have any questions regarding this letter of notification of award, you may contact Valerie Velez, Contract Analyst, Procurement Department, at ValerieVelez@miamibeachfl.gov or at 305.673.7490. Otherwise, all other questions should be addressed to the Contract Manager for this contract, Rodolfo De La Torre, Infrastructure Division Director, Public Works at RodolfoDeLaTorre@miamibeachfl.gov or (305) 673-7080 Ext. 26243. Sincerely, Alex Denis Director Procurement Department AD/ME/AG ATTACHMENT A RESOLUTION & COMMISSION AWARD MEMO ATTACHMENT B ADDENDA AND ITB SOLICITATION PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov 1 ADDENDUM NO. 1 INVITATION TO BID 2021-012-WG ROUTINE AND EMERGENCY SERVICES POOL OF PREQUALIFIED CONTRACTORS ADDENDUM NO. 1 INVITATION TO BID NO. 2021-012-WG ROUTINE AND EMERGENCY SERVICES POOL OF PREQUALIFIED CONTRACTORS November 11, 2020 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. REVISION:ITB DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Friday, November 13, 2020. All bids received and time stamped through BidSync, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. II. RESPONSES TO QUESTIONS RECEIVED: Q1: Am I understanding the requirements correctly that if we do not carry the LGBT Business Enterprise Certification from NGLCC we are not eligible to bid this project? A1: LGBT Business Enterprise Certification is not a requirement of this ITB. The City is only gathering data pursuant to LGBT Business Enterprise Certification. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk’s Office at RafaelGranado@miamibeachfl.gov Contact: William Garviso, CPPB Telephone: 305-673-7000 ext. 7490 Email: WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the “Notice to Prospective Bidders” questionnaire with the reason(s) for not submitting a proposal. Sincerely, William Garviso for Alex Denis Procurement Director TABLE OF CONTENTS SECTIONS: APPENDICES: DEFINITIONS: means means SECTION 0100: GENERAL INFORMATION & SCOPE OF WORK 1. PURPOSE.The City of Miami Beach faces the challenge of maintaining an aging infrastructure. Occasionally pipe/valve failure lead to unanticipated disruption of water, sewer or storm drainage systems and often result in health hazards to the public and significant consequential damages to roads, structures and the environment. The City of Miami Beach is seeking applications from qualified contractors who wish to participate in a pre-qualification pool that will be used to perform routine and emergency repairs to water, sewer and stormwater systems on short notice on neede as specified herein. Interested contractors may submit an application indicating its intent to become prequalified. All contractors which meet or exceed the criteria established in this solicitation shall be placed on a pre-qualification list that may be accessed by various City departments to obtain price quotations for emergency response services. The City utilizes BidSync (www.bidsync.com) for automatic notification of solicitation opportunities and document fulfillment. Any prospective bidder who has received this ITB by any means other than through BidSync is solely responsible for registering immediately with BidSync to assure it receives any addendum issued to this ITB. Additionally, prior to submittal of the bid, bidder shall verify that it has received and complied with all addenda issued. Failure to receive an addendum, or comply with an addendum requirement, may result in disqualification of bid submitted. To be considered for the pool of pre-qualified contractors, interested parties must submit a complete Bidder Pre-Qualification Application (Appendix A). SCOPE OF WORK The prospective bidder shall provide all supervision, labor, equipment, materials, rental of equipment and supplies necessary to provide services including but not limited to routine improvements and emergency repairs to the City s water, sanitary sewer, and storm water systems, including but not limited to: pump stations; potable water pipes, sanitary sewer main/lateral pipes and valves, storm water drainage pipes; trenchless point repairs; rehabilitation of sanitary sewer and storm water manholes. Pre-qualified contractors will be contacted in accordance with the road map procedures included in the special conditions. 1. OVERVIEW OF PREQUALIFICATION PROCESS.The figure below is a general overview of the process that the City will utilize to award work pursuant to the prequalification process. 2. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below. The Bid title/number shall be referenced on all correspondence. Procurement Contact:Telephone:Email: William Garviso, CPPB 305-673-7000 x26650 WilliamGarviso@miamibeachfl.gov The City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.gov; or via facsimile: 786-394-4188. 3. APPROVAL OF PREQUALIFIED STATUS.Following the review of applications, the responsive, responsible bidder(s) meeting all terms and conditions of the ITB will be recommended for award, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manag ove or reject mmendation(s). The City Commission may also reject all bids received. In addition to the criteria established in the application, pursuant to Section 2-369 of the City Code, the City may consider the following: The ability, capacity and skill of the bidder to perform the Contract. Whether the bidder can perform the Contract within the time specified, without delay or interference. The character, integrity, reputation, judgment, experience and efficiency of the bidder. The quality of performance of previous contracts. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. PREQUALIFIED STATUS IS VALID FOR FIVE (5) YEARS FROM DATE OF THE NOTICE OF PREQUALIFICATION ISSUED BY THE CITY, OR AS OTHERWISE APPROVED BY THE CITY MANAGER. 4. ADDITIONAL PREQUALIFIED FIRMS TO BE ADDED TO POOL.At any time, the City, through the approval of the City Manager, may accept applications and add additional firms to the list of prequalified firms. 5. SERVICE DELIVERY EXPECTATIONS.The City places an emphasis on excellent customer service delivery and expects the prequalified bidder to provide the best possible customer service to any and all awarded projects throughout the term of the contract. The project manager is responsible for monitoring the customer service provided to City by prequalified bi s staff, sales and support teams, and employing, as necessary, corrective measures, to ensure that the prequalified bidder will provide and maintain the highest quality of customer service possible during completion of the project(s). Project-specific deliverables and expectations shall be defined on a project-by-project basis, as specified in each ITQ. 6. VOLUME OF WORK TO BE RECEIVED BY BIDDER. No promise of work is given, or should be understood, as a result of a pre-qualification.The City reserves the right to purchase any goods and/or services awarded from any resulting agreement, or another governmental contract, or on an as- needed basis through the Cit rket purchase provisions. 7. STANDARD TERMS AND CONDITIONS.The City s Standard Terms and Conditions for Construction Contracts (available at https://www.miamibeachfl.gov/city- hall/procurement/standard- terms-and-conditions/) are referenced and incorporated herein. 8. BINDING AGREEMENT.By virtue of submitting an application for eration, the bidder agrees that the application shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval of bidder n status by City Manager or City Commission. Further, bidder agrees that, tion by the City Manager or City Commission, a binding Agreement shall be established between the City and the approved contractor. The Agreement shall be comprised of the following documents, and in the following order: First, the Purchase Order issued by the City; then, Second, the signed Contractor Service Order; then, Third, the Invitation to Quote (ITQ) awarded to the vendor; then, Fourth,the Executed Agreement Fifth the ITB, including all documents released in connection with the ITB, including all appendixes, whether included herein or released under separate cover. In case of default on the part of the Successful Bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance. 9. INSURANCE REQUIREMENTS.Bidders shall furnish to the City Certificates of Insurance or endorsements evidencing capacity to meet the City s minimum insurance coverage specified herein, with its bid, or within three (3) days from request by the City. This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 5. Thirty (30) days written cancellation notice required. 6. The certificate must state the proposal number and title 7. Acceptability of Insurers Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. Certificate Holder: CITY OF MIAMI BEACH c/o PROCUREMENT DEPARTMENT 1755 MERIDIAN AVENUE, 3RD FLOOR MIAMI BEACH, FL 33139 Special Risks or Circumstances.The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances on a project by project basis. Waiver of Subrogation. Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. APPENDIX A ________________________________________________________________________ Prequalification Application ________________________________________________________________________ 2021-012-WG ROUTINE AND EMERGENCY SERVICES POOL OF PREQUALIFIED CONTRACTORS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Prequalification Application Instructions Section 1. ELECTRONIC RESPONSES (ONLY).Electronic responses shall only be considered for this ITB and are to be submitted through BidSync until the date and time as indicated in this document. It is the sole responsibility of the Bidder to ensure its application reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder to submit an application in response to a City of Miami Beach solicitation via BidSync. Electronic application 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 separate files (proposal format indicated below). All applications received and time stamped through BidSync, prior to the submittal deadline shall be accepted as timely submitted. Applications will be opened promptly at the time and date specified. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. Section 2. SUBMITTAL INSTRUCTIONS.The Prequalification Application will not be considered until it has been electronically submitted completed and executed by a principal of the bidder. Incomplete applications cannot be processed. If requested information is not applicable, please indicate ''N/A'' or ''None. '' If answers to questions are lengthier than the spaces that are provided in the application, the answers may be provided on additional pages, which must be attached to the electronic application. All requested documents must also be attached to the electronic application submittal via t tab in BidSync. Failure to attach all requested documents will delay review and approval of the application The City reserves the right to request clarifications or additional information as deemed necessary to evaluate a bidder ations. When clarifications or additional information is requested by the City, bidder will have three (3) business days to provide, in full, all the requested information. Failure to provide the information within the prescribed time will delay the review process and may result in denial of prequalification. Section 3. DEADLINE FOR SUBMITTAL.There is no deadline for the submittal of applications. However, the initial review of applications shall take place 21 days after issuance of this ITB. Applications submitted after this date will be reviewed periodically on an on-going basis. The City will endeavor to complete the review of each application within 60 days of receipt. Section 4. MINIMUM ELIGIBILITY REQUIREMENTS.The Minimum Eligibility Requirements for this solicitation are listed below. Bidders that fail to comply with minimum requirements shall be deemed non- responsive and shall not have its bid submittal considered. 1.Licensure. Bidder in order to be considered must be State of Florida Certified General Contractor or Certified Underground Utility and Excavation Contractor or Certified Plumbing Contractor, or Miami-Dade County Registered Contractor by the State of Florida, Division of Business and Professional Regulations. 2.Project References for the Bidder (proposing firm).Submit at least three (3) projects within the last three years that document experience with repairs for water, sanitary sewer, and storm water systems, such as pump stations; water pipes, sanitary sewer main/lateral pipes and valves, storm water drainage pipes; trenchless point repairs; rehabilitation of sanitary sewer and storm water manholes. Submittal Requirement:For each similar project reference, submit the following: project name and description, client name, client contact, contact telephone & email, and project date(s). For each project, identify whether the experience is for the bidder or for a principal (include name of principal). 3. Bonding Capacity. Submit proof of bonding capacity of no less than $1,000,000. Submittal Requirement:Proof of bonding capacity letter shall be from an A rated Financial Class V Surety Company, at a minimum. Section 5. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive applications will not be considered. 1. Prequalification Application (submitted electronically). [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] Part A General Bidder Information. FIRM NAME: NO. OF YEARS IN BUSINESS: NO. OF YEARS IN BUSINESS LOCALLY: NO. OF EMPLOYEES: OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: BIDDER IS: _____CORPORATION / _____PARTNERSHIP / _____SOLE PROPRIETORSHIP / _____OTHER (If other, specify:________________________) Part B Operational & Management Information. 1.Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company,below. Submit additional names on a separate sheet if required. Owner Ownership percentage Directorship/Office type 2.Provide three (3) clients for which the bidder has provided the referenced services in the last five (5) years. Project Description of Work Project Reference Name: Email: Telephone: Name: Email: Telephone: Name: Email: Telephone: 3.Is the bidder currently barred by a governmental agency, from bidding as a prime or subcontractor? YES NO If yes, state debarment period and the reason(s)for debarment? 4.Has the bidder or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5) years? 11.YES NO If yes, why? 5.Is an affiliate of the bidder prequalified by the City of Miami Beach for any work? YES NO If yes, state the name of the affiliate? 6.Is the bidder a parent, subsidiary, or holding company for another company? YES NO Iftheanswer is "yes," identify the companyand type ofrelationship(s), below: Company Type of affiliation (parent or subsidiary)Period of affiliation 7.Is an owner, director, officer, or agent of the bidder affiliated with another company? 12.YES NO If the answer is "yes," provide the following information for each individual and the affiliated company. Individual´s name Affiliated company´s name Period of affiliation Type of affiliation (e.g. officer,director,owneror employee) 8.Is the bidder currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5) years? 11.YES NO If yes, explain and attach,as applicable,the relevant case and court documents, including (but not limited to): the original petition, including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 9.Has any owner, director, officer, or agent for the bidder, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five (5) years? 11.YES NO If yes, explain and attach a copy of the discharge order, order confirming plan and ifa Corporate Chapter 7 case, a copy of the notice ofcommencement. 10.Has any owner, director, officer, or agent of the bidder owned or managed a company under any other name in the last five (5) years? 11.YES NO If yes, explain. 11.Has the bidder been assessed or paid any fines on any contract during the past five (5) years, whether the project waspublicly or privately owned? 11.YES NO If yes, explain. 12.Are there currently any liens, suits, or judgments of record pending against any owner, director, officer, oragent for the company that is related tothe business activities of abusiness organization? 11.YES NO If yes, explain. 13.Has the bidder or any of its owners, officers, or partners ever been convicted (criminal) or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? 11.YES NO If yes, explain. 14.Has the bidder or any of its owners, officers, or partners ever been convicted of any a federal or state crime? 12.YES NO If yes, explain. 15.Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and child) of any officer, director, employee or agent, an employee of the City of Miami Beach? YES NO If yes, state name, title and share of ownership Name Title Share (%) of Ownership 16.Has the bidder, or any officer, director, employee or agent, contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? YES NO If yes,provide details. 17. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires bidders with more than 51 employees and City volume greater than $100,000 to Benefits their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a bidder who works within the City limits of the City of Miami Beach, Florida; and the Contractor mployees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers abo ection any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Company Provides for Employees with Spouses Company Provides for Employees with Domestic Partners Company does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave 18.Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the bidder is seeking to be prequalified sourced in North Carolina or Mississippi? YES NO If yes, which brands. 19. Safety Record: he previous three (3) full calendar years on a firm-wide bas Company s Experience Modification Rate.______________________Rate( attach required documentation) BIDDER AFFIDAVIT The undersigned agrees that s/he: 1) is a principal of the bidder duly authorized to execute the foregoing Contractor Prequalification Certification Application, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief; 2) s/ certifies that the application and supporting documents include all of the material information necessary to validate the status of the company for prequalification purposes; 3) s/ shall notify the Procurement Department within fifteen (15) days and provide a notarized statement whenever a change occurs in the ownership, management, or financial condition of the company. Further, any prequalified contractor, including its principal(s), director(s), and any affiliate, who is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall be declared delinquent and have its certificate suspended or revoked and will be subject to debarment and any other penaltiesprescribed by law. The undersigned affirms that the bidder agrees: 1) to complete and unconditional acceptance of the terms and conditions of this document, inclusive of attachments, exhibits and appendices; 2) that it has not colluded, nor will collude, with any other bidder; 3) that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; 4) that all responses, data and information contained in the bid are true and accurate. Name:Title (must be a principal of the bidder): Signature:Date: [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] APPENDIX B ________________________________________________________________________ Special Conditions ________________________________________________________________________ 2021-012-WG ROUTINE AND EMERGENCY SERVICES POOL OF PREQUALIFIED CONTRACTORS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 SPECIAL CONDITIONS 1. METHOD OF PAYMENT. The City shall provide periodic payments for services rendered by the Contractor. In order for the City to provide payment, the Contractor shall submit a fully documented invoice within thirty (30) calendar days after the service has been rendered. It shall be understood that such invoices shall not be submitted for payment until such time as the service has been completed and a City representative has reviewed and approved the service. 2. USE OF PREMISES.The Contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the authorized City representative, and shall not unreasonably encumber the premises with his/her materials. 3. CLEAN-UP.All unusable materials and debris shall be removed from the site at the end of each workday and disposed of in an appropriate manner. Upon final completion, the Contractor shall thoroughly clean up all areas, as mutually agreed with the City, where work was performed. 4. BACKGROUND CHECKS/CONTRACTOR'S PERSONNEL. The Contractor shall conduct a full criminal background check at its own expense on each of its employees engaged in providing services under this ITB or any resulting Agreement prior to the commencement of said services. No Contractor employee shall be eligible to perform services, pursuant to this ITB or resulting Agreement if he or she: (1) has been convicted of or was placed in a pre-trial diversion program for any crime involving dishonesty or breach of trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury; possession of stolen property; identity theft; fraud; money laundering; shoplifting; larceny; falsification of documents and/or (2) has been convicted of any sex, weapons, or violent crime including but not limited to homicide; attempted homicide; rape; child molestation; extortion; terrorism or terrorist threats; kidnapping; assault; battery; and illegal weapon possession, sale or use. The Contractor shall defend, indemnify and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable a or claims for injury or damages arising out of its failure to comply with this requirement. Contractor shall employ personnel competent to perform the work specified herein. The City reserves the right to request the removal of the Contrac from performing maintenance on the City's grounds where the emplo s performance or actions are obviously detrimental to the program. s personnel must wear photo identification at all times. 5. UNIFORMS. All personnel furnished to the City of Miami Beach must be uniformed. Each employee supplied by the Contractor will wear a uniform bearin ame. Uniforms must be provided at the Contr expense and may not be charged to the employee or deducted from the e paycheck, therefore reducing the hourly pay rate to less than the living wage rate required by this solicitation. 6. FIELD MEASUREMENTS. Unless specifically instructed otherwise by the City, in writing, the Contractor shall be responsible for the location and layout of all work and shall be responsible for all field measurements that may be required for execution of the work. In the case of dimensions, field dimensions, etc. it shall be the responsibility to field measure, obtain and verify same. 7. SAFETY.The Successful Bidder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The Successful Bidder shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Fla Statutes Section 440.56) and with the standards set forth in the Occupational Safety and Health Act of 1970 (OSHA) and its amendments. 8. UNFORESEEN CONDITIONS.Occasionally, repairs or restoration of facilities or property as a result of effecting repairs will require a specialty contractor for completion. The awarded Contractor shall notify the City and identify the construction materials and/or methods required. The Contractor shall be responsible for scheduling and job management through successful completion. If, or when, unforeseen conditions occur, the Contractor shall furnish a proposal for all additional services and/or materials not covered by the contract, as needed, by the City. The City also reserves the right to add, delete or change the scope of the work, as needed. The Contractor shall receive approval prior to any changes and prices will be negotiated accordingly. After award of this proposal, all questions or concerns shall be directed to the City's designated representative. 9. ROADMAP FOR PROJECTS AWARDED PURSUANT TO POOL OF PRE-QUALIFIED CONTRACTORS FOR ROUTINE IMPROVEMENTS.The project/contract manager may request quotes from contractors authorized to participate in the Pre-Qualified Bidder Pool. Responsive, responsible bidders eligible to participate in the Pre-Qualified Bidder Pool, shall at their own expense, visit the site and prepare a lump sum detailed quotation (inclusive of all labor, materials, and all other costs. Each quote prepared by the contractor shall include an acceptable description of the nature, extent and character of the work required, as well as performance and delivery schedules. In the alternative, project managers may require an itemized breakdown of the lump sum amounts. 9.1 For projects with an estimated cost up to the amount specified in City Procedure PO16.02, Threshold Category 1 (currently $15,000 or as amended), the project/contract manager may select the contractor deemed to be best qualified. 9.2 For projects with an estimated cost exceeding the amount specified in City Procedure PO16.02, Threshold Category 2 (currently $15,000.01 or as amended), the project/contract manager shall solicit quotes from all prequalified bidders. 9.3 In determining the lowest and best contractor for the project, in addition to price, there shall be considered the following: (1) The ability, capacity and skill of the bidder to perform the contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 10. ROADMAP FOR PROJECTS AWARDED PURSUANT TO POOL OF PRE-QUALIFIED CONTRACTORS FOR EMERGENCY SERVICES.In lieu of routine repairs (Para. 9), the project/contract manager may under emergency situations select a contractor from the prequalified pool in response for emergency service. The Pre-Qualified Bidder, shall at their own expense, visit the site and prepare a lump sum detailed quotation (inclusive of all labor, materials, and all other costs. Each quote prepared by the contractor shall include an acceptable description of the nature, extent and character of the work required, as well as performance and delivery schedules. In the alternative, project managers may require an itemized breakdown of the lump sum amounts. 10.1 In determining the best contractor for the project, the following may be considered: (1) The ability, capacity and skill of the bidder to perform the contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 11. RESPONSE REQUIREMENTS FOR EMERGENCY SERVICE.Pre-qualified Contractor(s) will provide the City with evening, weekend, and holiday service, as necessary, to cope with an emergency which threatens public health and safety, as determined by the City. Contractor(s) shall be immediately available via a twenty-four (24) hour, seven (7) days per week telephone service. It is expected that non-scheduled request for service (emergency calls, etc.) shall be responded to within one (1) hour after the call is made to the service or directly to the Contractor. Contractor(s) shall supply the name and telephone numbers, cellular and office, of at least two (2) company individuals with the authority to make management decisions and who can be reached at any time. The pre-qualified Contractor, upon the issuance of a purchase order, shall mobilize within 24 hours. The contractor shall call for underground locates (Sunshine 811) a minimum of 48-hours before demolition/excavation activities. In some cases such as a sewer main break and after meeting on-site to discuss the repairs of the water or sewer main break, the Contractor may be required to mobilize immediately as directed by the Department of Public Works Director, Infrastructure (Operations) Director, or his designee. 12. RESPONSE REQUIREMENTS FOR ROUTINE/NON-EMERGENCY OR PLANNED WORK.The pre-qualified Contractor, upon the issuance of a Purchase Order (PO) shall schedule a Pre- Construction meeting with the respective City department within 48 hours and, within a reasonable time frame, the Contractor shall provide a work schedule which will be mutually agreed upon. Upon receipt of NTP the Contractor shall commence scheduling meetings, activities, permit applications and other preconstruction activities deemed necessary to complete the work. The Notice to Proceed will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. The contractor shall call for underground locates (Sunshine 811) a minimum of 48-hours before demolition/excavation activities begin and shall mobilize within 24-hours of the previously agree mits, shop drawings, and any other necessary documents required by this provision shall be submitted to the City before mobilizing. 13. MAINTENANCE OF TRAFFIC.Work shall be conducted in such a manner that all streets shall be open to traffic at night. Approved and sufficient barricades, signs and lighting shall be maintained at all times for the safety of the public and traffic, and to ensure that no traffic will pass over the placed material until the material is cured. Work areas must be barricaded by the Contractor 24 hours prior to commencement of the work. It will be the responsibility of the Contractor to provide all barricades, signs, and lighting in accordance with the above stated requirements. The Contractor shall be responsible for providing an off-duty police officer, if necessary, to complete the job. 14. PERMITS.Contractor shall be responsible for attaining permits for any work which requires permits. The City will only reimburse for initial review and one resubmission. Costs associated with additional re-submissions will not be reimbursed. Contractor shall not include permit fees on Cost Proposal Form. All licenses required by municipality, governmental agency, or political subdivision shall be obtained by and paid for by the Contractor. Damages, penalties and or fines imposed on the City or the Contractor for failure to obtain required licenses, permits or fines shall be borne by the Contractor. 15. WARRANTY/GUARANTEE.Contractor 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 of completion. For new installations, Contractor shall additionally provide full manufacturer warranty to the City. In addition to all other warranties that may be supplied by the Contractor, the Contractor 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; regardless of whether the Contractor is under contract with the City at the time of the defect. Any payment by the City on behalf of the goods or services received from the Contractor does not constitute a waiver of these warrant provisions. 16. LIMITATION OF PROJECT.There shall be no limits to projects awarded pursuant to this ITB. However, projects in excess of $300,000 shall require City of Miami Beach Commission approval. 17. ESTIMATES.The project/contract manager may require the contractor to provide an estimate prior to the commencement of work. Any actual charges that exceed estimate amounts must be pre- approved by the project/contract manager. 18 PERFORMANCE BOND AND PAYMENT BOND.Projects in excess of $200,000.00 will require performance and payment bond, in the full amount of the value of the project .The Contractor shall, within ten (10) business days of notification by the City, furnish and deliver to the City a payment bond and a performance bond, in a form to be provided by the City, issued by sureties licensed and authorized to do business in the State of Florida, covering the faithful performance and completion of the Project pursuant to the Contract Documents, including the performance and completion of those services provided by Subcontractors of any tier and covering the payment of all obligations arising hereunder including but not limited to, the payment for all materials used in the performance of the Project in accordance with the Contract Documents, and for all labor and services performed under the Contract Documents (including materials, labor and/or services provided by Subconsultants and Subcontractors of any tier), whether by Subcontractors or otherwise. Each of the aforesaid bonds (collectively herein referred to as the "Performance Bond and Payment Bond") shall have a penal amount equal to the Contract Price, unless otherwise approved by the City and to the extent permitted by law. Each bond shall be increased in the amount of any change to the Contract Price. Each bond shall continue in effect for one (1) year after Final Completion of the Work. The Performance Bond and Payment Bond and the sureties issuing such bonds shall meet all the requirements set forth in the Contract Documents and the Performance Bond and Payment Bond shall each be in the form attached hereto or shall otherwise be acceptable to the City in its reasonable discretion. If any of the sureties on the Performance Bond and Payment Bond at any time fails to meet said requirements, or is deemed to be insufficient security for the penalty of said bond, then the City may, on giving thirty (30) additional bond(s) in the above amounts with such sureties thereon being licensed and authorized to do business in the State of Florida and as shall be satisfactory to the City. The Contractor shall pay all costs of compliance with this Article as part of the Contract Price. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 18.1. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto, which shall be in accordance with Section 255.05, Florida Statutes. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 18.2. Qualification of Surety: Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 18.2.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 18.2.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 18.2.3. The City will accept a surety bond from a company with a rating of A or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 18.2.4. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 18.2.5. Unless more stringent surety requirements of any grantor agency are set forth within the Supplemental Conditions, the provisions of this Article shall apply. APPENDIX C ________________________________________________________________________ Sample Contract ________________________________________________________________________ 2021-012-WG ROUTINE AND EMERGENCY SERVICES POOL OF PREQUALIFIED CONTRACTORS SAMPLE CONTRACT NOTE: This Sample Contract is for informational purposes only. The contents of the contract may change based on the best interests of the City. twenty-one (21) _________ (__) calendar days _______ (__) calendar days ________________ dollars ($______) ___________________ dollars ($_____) [X] This is a Lump Sum Price Contract:* ______________________________ ________________________ ________________________ Attn: ____________________________ City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 ___________________________ ___________________________________ ________________ Attn: ______________________ By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. IN WITNESS WHEREOF THE CITY OF MIAMI BEACH, FLORIDA ATTEST _______________________________ Managing Member, CEO Director of Operations 5245 NW 36 STREET SUITE 230 MIAMI, FL 33166 Current Principal Place of Business: Current Mailing Address: 5245 NW 36 STREET SUITE 230 MIAMI, FL 33166 US Entity Name: FLOTECH ENVIRONMENTAL, LLC DOCUMENT# L12000004059 FEI Number: 45-4556187 Certificate of Status Desired: Name and Address of Current Registered Agent: QUINTANA, YINET 5245 NW 36 STREET SUITE 230 MIAMI, FL 33166 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Authorized Person(s) Detail Date YINET QUINTANA FILED Jun 30, 2020 Secretary of State 4972067641CC JOSE FERRE MANAGING MEMBER 06/30/2020 2020 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT Yes 06/30/2020 Title MANAGING MEMBER Name FERRE, JOSE Address 5245 NW 36 STREET SUITE 230 City-State-Zip: MIAMI FL 33166 Title MANAGING MEMBER Name LUNA, ROBERTO Address 5245 NW 36 STREET SUITE 230 City-State-Zip: MIAMI FL 33166 CREDITCARD-20-0489842Worker(s) 6957725 FLOTECH ENVIRONMENTAL LLC 5245 NW 36TH ST 230 MIAMI SPRINGS, FL 33166 45.00 7233273 196 SEPTEMBER 30, 2021 CGC061052 GENERAL BUILDING CONTRACTOR RENEWAL 07/06/2020 FLOTECH ENVIRONMENTAL LLC C/O JOSE FERRE, MGR