Loading...
Resolution No. 2025-29 Plumbing Services Contracts - PIF Construction Group Inc. and Marling Plumbing of Miami Inc. - May 6, 2025Request for Quotation RFQT 25-002: Plumbing Services Posted: April 4, 2024 Due Date: Friday, April 18, 2025 at 3:00 PM Contractor shall submit the following for the price quote to be accepted: a) Table 1 - Price Sheet b) Table 2 - Bid Table c) Table 3 - Qualifications d) Table 4 -References TABLE 1 - PRICE SHEET Project Name: Plumbing Services Scope of Work: Quotes shall be accepted from qualified and experienced Contractor to furnish labor, supervision, equipment, supplies, tools, and materials to perform Plumbing Services at various locations in the City of Aventura. Work includes repairs, installations, and modification to city owned buildings and parks facilities. The general scope of work includes but is not limited to clearing blockages, replacing fixtures, repairs to toilets, sinks, urinals, showers, water fountains, and general plumbing activities at facilities. The work shall be in accordance with the project documents attached herein: a) Summary of Work and b) Terms and Conditions of the City of Aventura Purchase Order (Exhibit A), attached. Name of Contractor: PIF CONSTRUCTION GROUP Address of Contractor: 2999 NE 191 st St ste 709B Aventura FL 33180 Phone Number and E-mail of Contractor: (305) 904 3727, main@pifconstructiongroup.com Authorized Contractor Representative: Mykhailo Potomki , Alex Potomkin Signature: Date: 04/10/2025 Bid Quote Grand Total: Page 1 of 10 Request for Quotation RFQT 25-002: Plumbing Services SUMMARY OF WORK PART 1 — GENERAL 1.1. Instructions A. Contractors submitting the bid should include the attached Table 1 — Price Sheet with their bid. Bids are due on Due Date: Friday, April 18, 2025 at 3:00 PM. Quotes should be sent by email to pwbids@cityofaventura.com or uploaded to DemandStar.com. B. Questions regarding this quotation can be submitted by email to pwbids _cityofaventura.com. C. All the requirements stated herein and the attached Terms and Conditions of the City of Aventura Purchase Order shall apply. D. The City reserves the right to: i. Award all or a portion of the services as determined to be in the best interest of the City. ii. Award to one or more than one proposer as determined to be in the best interest of the City. iii. Reject any or all submittals if found not to be in the best interest of the City. 1.2. Location of Work The work is located at various locations throughout the City of Aventura listed below. No. Facility Name Address Function 1 Government Center 19200 W Country Club Dr. Administration/Police 2 Government Center Garage 19200 W Country Club Dr. Parking Garage 3 Community Recreation Center 3375 NE 188th St Administration/Recreational 4 ACES - Elementary School 3333 NE 188th St. Elementary School 5 ACES - Middle School 3333 NE 188th St. Middle School 6 Arts & Cultural Center 3385 NE 188th St. Recreational 7 Waterways Park 3301 NE 213 St. Recreational 8 Waterways Dog Park 3301 NE 213 St. Recreational 9 Founders Park 3105 NE 190 St Recreational 10 Founders Park South 3106 NE 190 St Recreational 11 Peace Park 3200 NE 188 St Recreational 12 Veterans Park 18375 NE 31 st Ave. Recreational 1.3. Description of Work A. General 1. Scope of Work: The Contractor shall provide all labor, supervision, materials, equipment, supplies, tools, transportation, and safety measures necessary for Page 2 of 10 plumbing services at various locations in the City of Aventura. Tasks include, but are not limited to: • Clearing blockages. • Replacing fixtures. • Repairing toilets, sinks, urinals, showers, and water fountains. • Conducting general plumbing activities at City facilities. 2. Billing and Invoicing: Jobs shall be invoiced as: a. Standard Jobs: Fixed charges as proposed in the Bid Table. b. Time and Material: Based on labor and materials utilized. 3. Standard Job Descriptions a. Clearing Blockages: Includes stoppage removal from toilets, urinals, sinks, or showers. Fixed charges (Bid Table item #1) include labor and standard equipment use. Repairs or replacement of defective components are itemized separately. b. Replacing Vacuum Breakers: Includes replacement in toilet and urinal assemblies. Fixed charges (Bid Table item #2) cover all labor and materials. Repairs or replacement of other components are itemized separately. 4. Routine Plumbing and Repair Work: Routine tasks may include: a. Working on fresh water lines, drain/waste/vent lines. b. Repairing toilets, urinals, kitchen and bathroom sinks. c. Servicing hot water heaters, showers, and related components. d. Clearing blocked wastewater service laterals. 5. Additional Repair and Maintenance a. Minor adjustments or repairs for proper plumbing system operation. b. Authorization from the City required for additional services or parts beyond basic repairs. 6. Safety and Environmental Precautions a. Protect surrounding landscaping and repair any damages at no cost to the City. b. Maintain a clean, hazard -free worksite, removing waste and hazardous materials. c. Comply with all laws and regulations regarding hazardous waste disposal and provide transportation manifests upon request. d. Control vehicles and tools to prevent interference with site equipment. 7. Use of Equipment a. Rental Equipment: Contractor responsible for rental costs and operation in compliance with safety standards. Itemized fees must be included on invoices without markup. b. Special Equipment: Authorization required for use (e.g., smoke machines, camera systems, vacuum trucks). Charges for equipment usage must be itemized without markup. 8. Labor and Professional Standards a. Labor hours calculated from technician's arrival to completion of cleanup. Page 3 of 10 b. All work performed by skilled professionals in a workmanlike manner, adhering to trade standards. c. Sufficient trained technicians to ensure timely job completion. 9. Administrative and Reporting Requirements a. No overnight equipment storage in the right-of-way. b. Accidents or damage to public/private property or utilities must be promptly reported to the City. c. Provide detailed maintenance and repair summaries with quotes for recommended repairs. 10. Contractor Responsibilities a. Costs and Cleanup: Responsible for disposal costs, cleanup, and repairs for any damages caused during work. b. Damages: Responsible for any interruptions or damage to structures, utilities, roads, or landscaping. c. Compliance: Ensure work complies with applicable laws, regulations, and good workmanship practices. B. Personnel The Contractor shall maintain the personnel resources necessary to manage staff and perform the work within this contract. Contractor shall have management staff on site that can communicate in English at all times. C. Permit and Inspection CONTRACTOR shall determine the need, provide any and all paperwork, plans or details required to obtain approved permits and licenses that may be required for work to commence. CONTRACTOR shall acquire all permits and licenses and will comply with laws, and regulations whether state or federal and with all local codes and ordinances when performing work. CONTRACTOR shall be responsible for any applicable fees associated with work requiring permits or inspections. The CONTRACTOR shall be responsible for advising the CITY when a permit or inspection is needed. The CONTRACTOR shall schedule all required inspections from all regulatory agencies. CONTRACTOR shall itemize permit and inspection fees on invoice where applicable. There shall be no mark-up applied to permit and inspection fees. D. Responding to Repairs Request CONTRACTOR shall be contacted by the CITY for work at the facilities listed. CONTRACTOR shall respond to initial contact within four (4) hours. CONTRACTOR shall be on -site within two (2) working days of contact unless otherwise agreed upon with the CITY. E. Qualifications and Experience Offers will be accepted only from Contractors who are qualified to provide the services requested herein. A statement of qualification of the firm and a description of the company history is required. Only Contractors determined to be responsive and responsible shall be considered for evaluation. The City shall examine the documentation submitted in the Proposal to determine the responsiveness of each Proposer. Failure to provide the required information may Page 4 of 10 disqualify any such Proposal as non -responsive and such Proposal may not be considered. The City may disqualify any Proposers that make exaggerated or false statements. Contractor shall document experience and certifications of lead personnel completing projects of similar scope. Contractor shall have a minimum of five (5) years of experience in providing Plumbing Services in Broward, Miami -Dade or Palm beach county. Responsiveness The factors to be considered in determining the responsiveness of each Proposer include but are not limited to the following: a. Completion, accuracy, and submission of all required documentation including Price Sheet and Pricing Proposal Table. b. Compliance with all requirements of the Request for Informal Quote. c. Accuracy of mathematical calculations. Responsibility The factors to be considered in determining the responsibility of a Proposer shall include but not be limited to the following: a. Proposer's past experience and performance on comparable contracts. b. Availability of appropriate material, equipment, facility and personnel resources and expertise, or the ability to obtain them, to complete the project. F. Licenses Contractor must be fully licensed with all required State and/or Local government licenses and permits. G. References Contractor shall provide a list of at least three (3) references in Table 3 for which the Contractor has provided similar product and services. References are to include Contact Person, Equipment Serviced, and Work Description. Contractor is responsible for accuracy of contact and telephone numbers provided. PART 2 — EXECUTION 2.1. Methods It is the responsibility of the Contractor to develop the methodology, material and equipment used to obtain the results specified for each job. The Contractor shall: 1. At no time utilize methods that will result in damage to the operation of the electrical, mechanical and structural systems of the facility. 2. The Contractor shall follow all applicable municipal, county, state, and federal standards in performing all work. 3. Follow applicable OSHA Safety Standards. 4. All work shall conform to manufacturer requirements, and applicable trade standards. 2.2. Discovery During Work At the time of conducting any work, Contractor agrees to do minor work and repairs, related or unrelated to the work, which in his judgment are necessary. The Contractor shall notify the City for authorization prior to performing any additional service. Contractor shall provide a list of suggested corrective actions as needed along with an estimated cost of repair. Page 5 of 10 2.3. Supervision and Responsibility The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ an unfit person or anyone not skilled in the Work assigned to him. Subcontractor's whose work is unsatisfactory to the City or who are considered by the City's representative as careless, incompetent, unskilled or disorderly or who use threatening or abusive language to any person shall be dismissed from work upon notice from the City and shall not be employed to perform the Work thereafter. No liquor, alcoholic beverages or drugs shall be allowed on the site of the Work. The Contractor shall operate a drug free workplace. 2.4. Uniforms Contractor shall provide all employees with color coordinated uniforms that shall meet the City's public image requirements and be maintained by Contractor so that all personnel are neat, clean and professional in appearance at all times. Non -uniform clothing will not be permitted, including for new employees. 2.5. Vehicles Contractor shall keep all vehicles in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 11/ "letters. 2.6. Equipment Safety Contractor shall keep all equipment in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City may direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the City. The Contractor shall be responsible and liable for injury to persons and property caused by the operation of the equipment. 2.7. Discovery and Notification If the Contractor discovers damages, vandalism or theft, the Contractor shall immediately notify the City of same, and shall file a police report of the occurrence. PART 3— PARTS AND LABOR 3.1. Materials CONTRACTOR must be able to obtain the necessary repair material to perform the required repairs or installation projects. 3.2. Labor and Materials Used in Repairs CONTRACTOR shall furnish adequate number of technicians and materials used in performing any repairs. Cost of labor and materials shall be included in a proposal accepted by the CITY before work commences. CONTRACTOR shall document labor hours per technician performing repair and provide itemized invoice showing materials used. 3.3. Material Percentage Mark-up or Discount All materials for services under this Agreement will be purchased at cost plus applicable mark- up/discount. All percentages shall be firm for the duration of the contract. Page 6 of 10 Parts pricing shall be documented with appropriate proof of cost, such as Dealer Invoice or Catalog Price and shall be included as backup for any Repair Invoice. Mark-up will reimburse the CONTRACTOR for taxes and delivery. Mark-up for materials shall not exceed the level proposed in Table 2 — Bid Table. The CITY reserves the right to furnish materials and equipment or purchase materials and equipment directly from suppliers and have the CONTRACTOR utilize for services under this Agreement. 3.4.Invoicing The CITY shall process invoice only after work has been completed. Submittal of field technician report is required for processing of invoice. PART 4 - WARRANTY 4.1. The Contractor warrants to the Owner and Consultant that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be free from defects not inherent in the quality required or permitted; and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the Owner's name and for its sole benefit. 4.2. The Contractor shall guarantee the equipment and systems to be free of defects in design, equipment, and workmanship for a period of one year from the date of acceptance. Page 7 of 10 Request for Quotation RFQT 25-002: Plumbing Services TABLE 2 — BID TABLE Proposed cost shall include all labor, supervision, materials, equipment, supplies, tools, transportation, and safety measures to perform Plumbing Services in the City. No. Description Unit Qty. Unit Price Total 1 Standard Job total cost: Clear stoppage at toilet, urinal, sink, or Each 24 shower 275.55 6613.20 2 Standard Job total cost: Replace Flushometer in toilet and urinal Each 12 assembly including spud. 447.10 5365.20 3 Labor rate for Plumbing Services, Standard Business Hours M-F: Hourly 100 8amto5 pm 78.55 7855.00 4 Labor rate for Plumbing Services Non -Standard Business Hours Hourly 20 117.25 1756.00 5 Leak detection First 2 10 170.00 1700.00 Hours 6 Leak detection Hourly 10 78.50 785.00 7 TV Camera of line First 2 10 107.11 1071.10 Hours 8 TV Camera of line Hourly 10 52.50 525.00 9 Jet washing Line First 2 20 Hours 382.50 7650.00 10 Jet washing line Hourly 20 177.50 3550.00 11 Backflow Inspections plus recording fee Less 1 than 2" 50.00 50.00 12 Backflow Inspections plus recording fees Greater 1 than 2" 150.00 150.00 13 Allowance for Direct Material 1 $5,000 $5,000 14 Markup on Direct Material (limited to 10% Max.) (e.g. $5,000 x % 5% _ $250 7.5 375.00 Grand Total 43,034.50 Forty thousand four hundred forty five dollars fifty cents Grand Total Amount (Written in words) PIF CONSTRUCTION GROUP INC Name of Contractor Signature MYKHAiLO POTOMKIN, PRESIDENT Printed Name and Title 04/10/2025 Date Page 8 of 10 TABLE 3 — CONTRACTOR QUALIFICATIONS ORGANIZATION: PIF CONSTRUCTION GROUP ADDRESS: 2999 NE 191st St ste 709B Aventura FL 33180 PHONE: 305 904 3727 EMAIL: main@pifconstructiongroup.com 1. Years your organization has been in business as a Contractor? 4 2. Years your organization has been in business under its present business name? 4 3. If a corporation, answer the following: a. Date of incorporation b. State of incorporation: 09/30/2021 FLORI DA c. President's name: MYKHAILO POTOMKIN List licenses, certifications and county/municipal Business Tax Receipt (BTR) in which your organization is legally qualified to do business. Indicate registration or license numbers, if applicable. List type of Miami -Dade County Certificate of Competency and number where applicable. Attach copies of each. Type of License # Expires General Contractor License CGC1537165 AUGUST 31, 2026 Building Contractor License CBC1267762 AUGUST 31, 2026 Plumbing Contractor License CFC1433223 AUGUST 31, 2026 LBT 7382231 SEPTEMBER 30, 2025 Page 9 of 10 Owner/Agency TABLE 4 - REFERENCES Location WINSTON TOWERS 300 1 230 174TH, SUNNY ISLES BEACH Contact Person Phone: Email LEV SOLODOVNIK (860)250-7663 levsolo@gmail.com Work Description POOL DECK RENOVATION, FULL DRAINAGE SYSTEM RENOVATION FOR POOL DECK PUBLIC BATHROOMS FOR LOBBY AND POOL AREAS Owner/Agency Location WINSTON TOWERS 100 250 174TH, SUNNY ISLES BEACH Contact Person Phone: I Email LEV SOLODOVNIK 1 (860)250-7663 1 levsolo@gmail.com Work Description ALL PLUMBING WORK WITHIN THE BUILDING, CHANGE OF COPPER 5" PIPE WITH VICTAULIC FITTINGS, LAUNDRY ROOMS WORK, DRAIN SYSTEMS RENOVATION, ALL PUBLIC BATHROOMS RENOVATION Owner/Agency Location Robert Sukhman, I HEART MAC N CHEESE Wellington & Coral Springs, FL Contact Person Phone: Email Robert Sukhman robert@iheartmacandcheesewellington.com Work Description ALL PLUMBING WORK FOR A RESTAURANT, UNDERGROUND PIPING, APPLIANCE CONNECTIONS, WATERMETER AND BACKFLOW ASSEMBLY. Page 10 of 10 CITY OF AVENTURA PURCHASE ORDER TERM AND CONDITIONS The following Terms and Conditions are applicable to this order entered into by and between City of Aventura (referred to as the "City") and Vendor. 1. MODIFICATIONS This purchase order form ("Order") and any other document pertaining to this transaction that has been acknowledged in writing by the City Manager constitute the complete and exclusive statement of this Order. Accordingly, no modification or amendment shall be binding upon the City unless signed by the City Manager. 2. CITY ATTORNEY APPROVAL The City Attorney has approved these standard terms and conditions as to form and legality. Accordingly, no modification of these terms and conditions shall be binding upon the City unless they are endorsed and approved by the City Attorney. In the event of a conflict between these terms and conditions and any other documents pertaining to the transaction covered by this Order, these terms and conditions shall prevail. 3. INVOICING Vendor must render original invoice to the City of Aventura, Accounts Payable, 19200 West Country Club Drive, Aventura, FL 33180. 4. TIME PERIOD FOR PAYMENT By accepting this Order, the Vendor agrees that payment terms shall be Net 30 unless otherwise stated. 5. PAYMENT CHANGES Payments shall be made only to the company and address as set forth on the Order unless the Vendor has requested a change thereto on official company letterhead, signed by an authorized officer of the company. }, 6. F.O.B. In those cases where F.O.B. point is not Destination, Vendor is required to prepay freight charges and list separately on the invoice. Collect shipments will not be accepted. x w 7. PAYMENT METHODS Payment shall be made to Vendor in accordance with the Local Government Prompt Payment Act as stipulated in Part VI of Chapter 218, FL Statutes, by check, card, funds transfer or other method as determined by the City in its sole discretion. 8. TAX The City of Aventura is exempt from Federal and State taxes for tangible personal property. Vendors doing business with the City, which are not otherwise exempt, shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor be authorized to use the City Tax Exemption Number in securing such materials. 9. RESPONSIBILITY The City is not responsible for any goods delivered or services performed unless covered by a duly signed and authorized City of Aventura Purchase Order. 10. DELIVERIES Deliveries are to be made during the hours of 9:00 AM to 3:00 PM, Monday through Friday, excluding holidays, unless otherwise stipulated. Vendor shall notify the City of deliveries that require special handling and/or assistance for off-loading. In the event that Vendor fails to notify City of the requirement for this type of delivery, City shall not be responsible for any add -on redelivery, storage or handling charges. 11. INSPECTION All commodities delivered on this Order are subject to inspection upon receipt by a representative of the City. All rejected commodities shall remain the property of the Vendor and will be returned at the Vendor's expense. Page 1 of 3 12. QUANTITIES Quantities specified in the Order cannot be changed without City approval in writing. Goods shipped in excess of quantity designated may be returned at the Vendor's expense. 13. UNIFORM COMMERCIAL CODE Florida law, including without limitation the Uniform Commercial Code (Chapter 670-680, Florida Statutes), shall apply to and supplement the terms and conditions of this Order. 14. LEGAL RESPONSIBILITY By accepting this Order, Vendor understands and agrees that the items covered herein, or services to be rendered, shall be manufactured, sold or performed in compliance with applicable Federal, State, County and Local laws, ordinances, rules and regulations. Lack of knowledge by the Vendor shall in no way be a cause for relief from responsibility. 15. COMPLIANCE WITH LAWS Vendor shall fully obey and comply with all laws, ordinances and administrative regulations duly made in accordance therewith, which are or shall become applicable to this Order or the performance of work hereunder. 16. MATERIAL INSTALLATION All materials shall be installed in accordance with manufacturer's specifications. 17. PAYMENT FOR MATERIALS The City shall only pay for materials satisfactorily incorporated into the work/project and shall not pay for materials stored at the work/project site or elsewhere. 18. EXCUSABLE DELAYS The City may grant additional time for any delay or failure to perform hereunder if the delay will not adversely impact the best interests of the City and is due to causes beyond the control of the Vendor. Such grant must be in writing and made part of the Order. 19. TERMINATION City, acting through its City Manager or designee, reserves the right to terminate this Order in whole or in part for default {a) if Vendor fails to perform in accordance with any of the requirements of this Order, or (b) if Vendor becomes insolvent or suspends any of its operations or if any petition is filed or proceeding commenced by or against Vendor under any State or Federal Law relating to bankruptcy, reorganization, receivership or assignment for the benefit of creditors. Any such termination will be without liability to City except for completed items delivered and accepted by the City. Vendor will be liable for excess costs of re - procurement. In the event of default by the Vendor, City may procure the articles or services covered by this Order from other sources and hold the Vendor responsible for any excess costs occasioned thereby, in addition to all other available remedies at !aw or equity. 20. INDEMNIFICATION Vendor shall indemnify, hold harmless and, at City's option, pay for an attorney selected by the City, to defend the City, and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, for (a) demands and claims for persona! injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property, arising out of any errors, omissions, misconduct or negligent acts, of Vendor, its officials, agents, employees or subcontractors arising out of this Order, whether direct or indirect and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, damages of every kind and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and investigation thereof and for {b) demands and claims sought by third parties related to any alleged breach of any non -competition of similar provisions. Vendor shall indemnify City, and any of its officers, agents, servants and employees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement by Vendor of any patent, trademark, copyright, trade secret or other proprietary right relating to services or goods furnished Page 2 of 3 I 4_0 X w pursuant to this Order. Vendor will defend and/or settle at its own expense any action brought against the City and any of its officers, agents, servants and employees, to the extent that it is based on a claim that products or services furnished to City by Vendor pursuant to this Order, or if any portion of the services or goods related to the performance of the service become unusable as a result of any such infringement or claim. Vendor acknowledges that specific consideration has been paid or will be paid under this Order for this hold harmless and indemnification provision, and further agrees with the foregoing provisions of indemnity and with the collateral obligation of insuring said indemnity. The provisions of this indemnification section shall survive the expiration or earlier termination of this Order. To the extent considered necessary by the City Manager and the City Attorney, any sums due Vendor under this Order may be retained by City until all of City's claims for indemnification pursuant to this Order have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 21. INSURANCE The Vendor of services must have secured and maintained insurance in the amount of at least $1,000.000 for general and $500,000 for automobile liability limits, and must list the City as an additional insured on this coverage. The Vendor must have worker's compensation coverage as required by law. Any exception to the above stated limits or other requirements must be endorsed and approved in writing by the City Manager. 22. ANTI -DISCRIMINATION Vendor shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for disqualification. 23. APPLICABLE LAW AND VENUE- ATTORNEYS' FEES AND COSTS This Order shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this Order. Venue for any action to enforce or related to this Order shall be in Miami -Dade County, Florida, only. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Order. The parties understand and agree that this waiver is a material contract term. This Order is not subject to arbitration. If any party is required to enforce the terms of this Order by court proceedings or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees and costs. 24. PUBLICITY No endorsement by the City of the product and/or service will be used by Vendor in any way, manner or form in product literature, advertising, or for any other purpose. 25. ACCEPTANCE Vendor's acceptance of all of the terms and conditions contained in this Order will be presumed unless Vendor acknowledges exception, in writing, to the City prior to the earlier of (a) ten calendar days after date of the Order or {b) the first performance by either party of any obligations under this Order. 26. REPRESENTATIVE All parties to this Order agree that the representatives named herein possess full and complete authority to bind the parties. 27. ASSIGNMENT Any assignment of this Order or the performance of work hereunder, in whole or in part, is prohibited. 28. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for payments due under this Order, then the City, upon written notice to Vendor of such occurrence, shall have the unqualified right to terminate this Order without any penalty or expense to the City. Page 3 of 3 I 4_0 X w Request for Quotation RFQT 25-002: Plumbing Services Posted: April 4, 2024 Dee Date: Friday, April 18, 2025 at 3:00 PM Contractor shall submit the following for the price quote to be accepted: a) Table 1 - Price Sheet b) Table 2 - Bid Table c) Table 3 - Qualifications d) Table 4 -References TABLE 1 - PRICE SHEET Project Name: Plumbing Services Scope of Work: Quotes shall be accepted from qualified and experienced Contractor to furnish labor, supervision, equipment, supplies, tools, and materials to perform Plumbing Services at various locations in the City of Aventura. Work includes repairs, installations, and modification to city owned buildings and parks facilities. The general scope of work includes but is not limited to clearing blockages, replacing fixtures, repairs to toilets, sinks, urinals, showers, water fountains, and general plumbing activities at facilities. Name of Contractor: Address of Contractor: Phone Number and E-mail of Contractor: Authorized Contractor Re resentative: Signature: Date Bid Quote Grand Total: The work shall be in accordance with the project documents attached herein: a) Summary of Work and b) Terms and Conditions of the City of Aventura Purchase Order (Exhibit A), attached. A6,V 1in CUIg5 t�E 16 �l0__e� 305-651-3031 +fpadinolu,-A, 4-4-2 _ V, P L. b Page 1 of 10 Request for Quotation RFQT 25-002: Plumbing Services SUMMARY OF WORK PART 1 — GENERAL 1.1. Instructions A. Contractors submitting the bid should include the attached Table 1 — Price Sheet with their bid. Bids are due on Due Date: Friday, April 18, 2025 at 3:00 PM. Quotes should be sent by email to pwbids@cityofaventura.com or uploaded to Demand5tar.com. B. Questions regarding this quotation can be submitted by email to owbidsQcityofaventura.com. C. All the requirements stated herein and the attached Terms and Conditions of the City of Aventura Purchase Order shall apply. D. The City reserves the right to: i. Award all or a portion of the services as determined to be in the best interest of the City. ii. Award to one or more than one proposer as determined to be in the best interest of the City. iii. Reject any or all submittals if found not to be in the best interest of the City. 1.2. Location of Work The work is located at various locations throughout the City of Aventura listed below. No. Facility Name Address Function 1 Government Center 19200 W Country Club Dr. Administration/Police 2 Government Center 19200 W Country Club Dr. Parking Garage Garage 3 Community Recreation 3375 NE 188th St Administration/Recreational Center 4 ACES - Elementary 3333 NE 188th St. Elementary School School 5 ACES - Middle School 3333 NE 188th St. Middle School 6 Arts & Cultural Center 3385 NE 188th St. Recreational 7 Waterways Park 3301 NE 213 St. Recreational 8 Waterways Dog Park 3301 NE 213 St. Recreational 9 Founders Park 3105 NE 190 St Recreational 10 Founders Park South 3106 NE 190 St Recreational 11 Peace Park 3200 NE 188 St Recreational 12 Veterans Park 18375 NE 31 st Ave. Recreational 1.3. Description of Work A. General 1. Scope of Work: The Contractor shall provide all labor, supervision, materials, equipment, supplies, tools, transportation, and safety measures necessary for Page 2 of 10 vo plumbing services at various locations in the City of Aventura. Tasks include, but are not limited to: • Clearing blockages. • Replacing fixtures. • Repairing toilets, sinks, urinals, showers, and water fountains. • Conducting general plumbing activities at City facilities. 2. Billing and Invoicing: Jobs shall be invoiced as: a. Standard Jobs: Fixed charges as proposed in the Bid Table. b. Time and Material: Based on labor and materials utilized. 3. Standard Job Descriptions a. Clearing Blockages: Includes stoppage removal from toilets, urinals, sinks, or showers. Fixed charges (Bid Table item #1) include labor and standard equipment use. Repairs or replacement of defective components are itemized separately. b. Replacing Vacuum Breakers: Includes replacement in toilet and urinal assemblies. Fixed charges (Bid Table item #2) cover all labor and materials. Repairs or replacement of other components are itemized separately. 4. Routine Plumbing and Repair Work: Routine tasks may include: a. Working on fresh water lines, drain/waste/vent lines. b. Repairing toilets, urinals, kitchen and bathroom sinks. c. Servicing hot water heaters, showers, and related components. d. Clearing blacked wastewater service laterals. 5. Additional Repair and Maintenance a. Minor adjustments or repairs for proper plumbing system operation. b. Authorization from the City required for additional services or parts beyond basic repairs. 6. Safety and Environmental Precautions a. Protect surrounding landscaping and repair any damages at no cost to the City. b. Maintain a clean, hazard -free worksite, removing waste and hazardous materials. c. Comply with all laws and regulations regarding hazardous waste disposal and provide transportation manifests upon request. d. Control vehicles and tools to prevent interference with site equipment. 7. Use of Equipment a. Rental Equipment: Contractor responsible for rental costs and operation in compliance with safety standards. Itemized fees must be included on invoices without markup. b. Special Equipment: Authorization required for use (e.g., smoke machines, camera systems, vacuum trucks). Charges for equipment usage must be itemized without markup. 8. Labor and Professional Standards a. Labor hours calculated from technician's arrival to completion of cleanup. Page 3 of 10 � W, b. All work performed by skilled professionals in a workmanlike manner, adhering to trade standards. c. Sufficient trained technicians to ensure timely job completion. 9. Administrative and Reporting Re uirements a. No overnight equipment storage in the right-of-way. b. Accidents or damage to public/private property or utilities must be promptly reported to the City. c. Provide detailed maintenance and repair summaries with quotes for recommended repairs. 10. Contractor Responsibilities a. Costs and Cleanup: Responsible for disposal costs, cleanup, and repairs for any damages caused during work. b. Damages: Responsible for any interruptions or damage to structures, utilities, roads, or landscaping. c. Compliance: Ensure work complies with applicable laws, regulations, and good workmanship practices. B. Personnel The Contractor shall maintain the personnel resources necessary to manage staff and perform the work within this contract. Contractor shall have management staff on site that can communicate in English at all times. C. Permit and Inspection CONTRACTOR shall determine the need, provide any and all paperwork, plans or details required to obtain approved permits and licenses that may be required for work to commence. CONTRACTOR shall acquire all permits and licenses and will comply with laws, and regulations whether state or federal and with all local codes and ordinances when performing work. CONTRACTOR shall be responsible for any applicable fees associated with work requiring permits or inspections. The CONTRACTOR shall be responsible for advising the CITY when a permit or inspection is needed. The CONTRACTOR shall schedule all required inspections from all regulatory agencies. CONTRACTOR shall itemize permit and inspection fees on invoice where applicable. There shall be no mark-up applied to permit and inspection fees. D. Responding to Repairs Request CONTRACTOR shall be contacted by the CITY for work at the facilities listed. CONTRACTOR shall respond to initial contact within four (4) hours. CONTRACTOR shall be on -site within two (2) working days of contact unless otherwise agreed upon with the CITY. E. Qualifications and Experience Offers will be accepted only from Contractors who are qualified to provide the services requested herein. A statement of qualification of the firm and a description of the company history is required. Only Contractors determined to be responsive and responsible shall be considered for evaluation. The City shall examine the documentation submitted in the Proposal to determine the responsiveness of each Proposer. Failure to provide the required information may Page 4 of 10 M disqualify any such Proposal as non -responsive and such Proposal may not be considered. The City may disqualify any Proposers that make exaggerated or false statements. Contractor shall document experience and certifications of lead personnel completing projects of similar scope. Contractor shall have a minimum of five (5) years of experience in providing Plumbing Services in Broward, Miami -Dade or Palm beach county. Responsiveness The factors to be considered in determining the responsiveness of each Proposer include but are not limited to the following: a. Completion, accuracy, and submission of all required documentation including Price Sheet and Pricing Proposal Table. b. Compliance with all requirements of the Request for Informal quote. c. Accuracy of mathematical calculations. Responsibility The factors to be considered in determining the responsibility of a Proposer shall include but not be limited to the following: a. Proposer's past experience and performance on comparable contracts. b. Availability of appropriate material, equipment, facility and personnel resources and expertise, or the ability to obtain them, to complete the project. F. Licenses Contractor must be fully licensed with all required State and/or Local government licenses and permits. G. References Contractor shall provide a list of at least three (3) references in Table 3 for which the Contractor has provided similar product and services. References are to include Contact Person, Equipment Serviced, and Work Description. Contractor is responsible for accuracy of contact and telephone numbers provided. PART 2 — EXECUTION 2.1. Methods It is the responsibility of the Contractor to develop the methodology, material and equipment used to obtain the results specified for each job. The Contractor shall: 1. At no time utilize methods that will result in damage to the operation of the electrical, mechanical and structural systems of the facility, 2. The Contractor shall follow all applicable municipal, county, state, and federal standards in performing all work. 3. Follow applicable OSHA Safety Standards. 4. All work shall conform to manufacturer requirements, and applicable trade standards. 2.2. Discovery During Work At the time of conducting any work, Contractor agrees to do minor work and repairs, related or unrelated to the work, which in his judgment are necessary. The Contractor shall notify the City for authorization prior to performing any additional service. Contractor shall provide a list of suggested corrective actions as needed along with an estimated cost of repair. Page 5 of 10 2.3. Supervision and Responsibility The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ an unfit person or anyone not skilled in the Work assigned to him. Subcontractor's whose work is unsatisfactory to the City or who are considered by the City's representative as careless, incompetent, unskilled or disorderly or who use threatening or abusive language to any person shall be dismissed from work upon notice from the City and shall not be employed to perform the Work thereafter. No liquor, alcoholic beverages or drugs shall be allowed on the site of the Work. The Contractor shall operate a drug free workplace. 2.4. Uniforms Contractor shall provide all employees with color coordinated uniforms that shall meet the City's public image requirements and be maintained by Contractor so that all personnel are neat, clean and professional in appearance at all times. Non -uniform clothing will not be permitted, including for new employees. 2.5. Vehicles Contractor shall keep all vehicles in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 1'/z "letters. 2.6. Equipment Safety Contractor shall keep all equipment in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City may direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the City. The Contractor shall be responsible and liable for injury to persons and property caused by the operation of the equipment. 2.7. Discovery and Notification If the Contractor discovers damages, vandalism or theft, the Contractor shall immediately notify the City of same, and shall file a police report of the occurrence. PART 3— PARTS AND LABOR 3.1. Materials CONTRACTOR must be able to obtain the necessary repair material to perform the required repairs or installation projects. 3.2. Labor and Materials Used in Repairs CONTRACTOR shall furnish adequate number of technicians and materials used in performing any repairs. Cost of labor and materials shall be included in a proposal accepted by the CITY before work commences. CONTRACTOR shall document labor hours per technician performing repair and provide itemized invoice showing materials used. 3.3. Material Percentage Mari[ -up or Discount All materials for services under this Agreement will be purchased at cost plus applicable mark- up/discount. All percentages shall be firm for the duration of the contract. Page 6 of 10 r Parts pricing shall be documented with appropriate proof of cost, such as Dealer Invoice or Catalog Price and shall be included as backup for any Repair Invoice. Mark-up will reimburse the CONTRACTOR for taxes and delivery. Mark-up for materials shall not exceed the level proposed in Table 2 — Bid Table. The CITY reserves the right to furnish materials and equipment or purchase materials and equipment directly from suppliers and have the CONTRACTOR utilize for services under this Agreement. 3.4.Invoicing The CITY shall process invoice only after work has been completed. Submittal of field technician report is required for processing of invoice. PART 4 - WARRANTY 4.1. The Contractor warrants to the Owner and Consultant that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents-, that the Work will be free from defects not inherent in the quality required or permitted; and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the Owner's name and for its sole benefit. 4.2. The Contractor shall guarantee the equipment and systems to be free of defects in design, equipment, and workmanship for a period of one year from the date of acceptance. Page 7 of 10 M. Request for Quotation RFQT 25-002: Plumbing Services TABLE 2 — BID TABLE Proposed cost shall include all labor, supervision, materials, equipment, supplies, tools, transportation, and safety measures to perform Plumbing Services in the City. No. Description Unit MY. Unit Price Total 1 Standard Job total cost: Clear stoppage at toilet, urinal, sink, or Each 24 X2S 00 shower 2 Standard Job total cost: Replace Flushometer in toilet and urinal Each 12 assembly including spud, Lical1 60 zo 3 Labor rate for Plumbing Services, Standard Business Hours M-F: Hourly 100 8amto5 m IDS �1r Is dQ `�� 4 Labor rate for Plumbing Services Non -Standard Business Hours Hourly 20 4 25 V, Soo. 5 Leak detection First 2 10 Hours 5 DO.OD 5, 000. OD P7E Leak detection Hourly 10 ZJ S . 00 2 150 -ob TV Camera of line First 2 10 Hours 5 Lib . od r3 6 8 TV Camera of fine Hourly 1 o Z l5. oU 2.1 S76 , or_7 9 Jet washing Line First 2 20 Hours 5 00. oo 5, L%O . o0 10 Jet washing line Hourly 20 2-Moo Z 15606 11 Backflow Inspections plus recording fee Less 1 than 2" 2 25' oo 7.25. 00 12 Backflow Inspections plus recording fees Greater 1 3 Z$ oc} ZS • DU than 2" 13 Allowance for Direct Material 1 $5,000 $5,000 14 Markup on direct Material (limited to 10% Max.) (e.g. $5,000 x °i° 5% = $250 �,t] r J SOoo . SOD -co Grand Total ct 1, 2U — -�'C Grand Tota f 4- Amount (Written in words) C, A'o Name of Contractor Signature r j L/ { I ka-,Y- PrintedejwaWj TW6.t Name and Title `l- lD —2-5— Date In Page 8 of 10 TABLE 3 - CONTRACTOR QUALIFICATIONS ORGANIZATION: �Aad v. V ki A,, ADDRESS: ago I qS fJ IF 16 'PI a LL2=� MuA-� 6 a &na,� R .3 3 / 7� PHONE: 3y�'65Z-�3I EMAIL- 1 . Years your organization has been in business as a Contractor? 24u�s 2. Years your organization has been in business under its present business name? 3. If a corporation, answer the following: a. Date of incorporation: b. State of incorporation c. President's name: L Mir a List licenses, certifications and county/municipal Business Tax Receipt (BTR) in which your organization is legally qualified to do business. Indicate registration or license numbers, if applicable. List type of Miami -Dade County Certificate of Competency and number where applicable. Attach copies of each. Type of License �{U � be # C-F a ` 8,1 9,�, Expires p _ 31 -2-04 6 I63q� 3-5- µ ei,►, laje 13 �. 2621 10 3o -2o7S-- page 9 of 10 TABLE 4 - REFERENCES Owner/Agency Location ESQ' --f;"Juro haqs M i at µi G7 cje BraU),dd Contact Person Phone: Email ?5,fo -)i� -51d0 A f @ L*tJe V neSA dam Work Description Owner/Agency Location AU IMic,&tl bAde 4 J3Fdw&.,(d �u.n Contact Person TPhone: Email $r,l w^ Ox-o n n d-o i-3ol -s72 sr-iw., Ginn o-6bj 12.3. Com Work Description Owner/Agency Location Contact Person Phone: Email Shawn 305-62o-31q -Jones,Shawn�)fF5, Work Description Q1Vm ir�cr Se-fvr&� a- to-fChir im Page 10of10 CITY OF AVENTURA PURCHASE ORDER TERM AND CONDITIONS The following Terms and Conditions are applicable to this order entered into by and between City of Aventura (referred to as the "City") and Vendor. 1. MODIFICATIONS This purchase order form ("Order") and any other document pertaining to this transaction that has been acknowledged in writing by the City Manager constitute the complete and exclusive statement of this Order. Accordingly, no modification or amendment shall be binding upon the City unless signed by the City Manager. 2. CITY ATTORNEY APPROVAL The City Attorney has approved these standard terms and conditions as to form and legality. Accordingly, no modification of these terms and conditions shall be binding upon the City unless they are endorsed and approved by the City Attorney. In the event of a conflict between these terms and conditions and any other documents pertaining to the transaction covered by this Order, these terms and conditions shall prevail. 3. INVOICING Vendor must render original invoice to the City of Aventura, Accounts Payable, 19200 West Country Club Drive, Aventura, FL 33180. 4, TIME PERIOD FOR PAYMENT By accepting this Order, the Vendor agrees that payment terms shall be Net 30 unless otherwise stated. 5. PAYMENT CHANGES Payments shall be made only to the company and address as set forth on the Order unless the Vendor has requested a change Q thereto on official company letterhead, signed by an authorized officer of the company. 4_0 6. F.D.B. T5 In those cases where F.O.B. point is not Destination, Vendor is required to prepay freight charges and list separately on the = invoice. Collect shipments will not be accepted. X 7. PAYMENT METHODS w Payment shall be made to Vendor In accordance with the Local Govemment Prompt Payment Act as stipulated in Part VII of Chapter 218, FL Statutes, by check, card, funds transfer or other method as determined by the City in Its sole discretion. 8. TAX The City of Aventura is exempt from Federal and State taxes for tangible personal property. Vendors doing business with the City, which are not otherwise exempt, shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor be authorized to use the City Tax Exemption Number in securing such materials. 9. RESPONSIBILITY The City is not responsible for any goods delivered or services performed unless covered by a duly signed and authorized City of Aventura Purchase Order. 10. DELIVERIES Deliveries are to be made during the hours of 9:00 AM to 3:00 PM, Monday through Friday, excluding holidays, unless otherwise stipulated. Vendor shall notify the City of deliveries that require special handling and/or assistance for off-loading. in the event that Vendor fails to notify City of the requirement for this type of delivery, City shall not be responsible for any add -on redelivery, storage or handling charges. 11. INSPECTION All commodities delivered on this Order are subject to inspection upon receipt by a representative of the City. All rejected commodities shall remain the property of the Vendor and will be returned at the Vendor's expense. Page 1 of 3 M 12. QUANTITIES Quantities specified in the Order cannot be changed without City approval in writing. Goods shipped in excess of quantity designated may be returned at the Vendor's expense. 13. UNIFORM COMMERCIAL CODE Florida law, including without limitation the Uniform Commercial Code (Chapter 670-680, Florida Statutes), shall apply to and supplement the terms and conditions of this Order. 14. LEGAL RESPONSIBILITY By accepting this Order, Vendor understands and agrees that the items covered herein, or services to be rendered, shall be manufactured, sold or performed in compliance with applicable Federal, State, County and Local laws, ordinances, rules and regulations. Lack of knowledge by the Vendor shall in no way be a cause for relief from responsibility. 15. COMPLIANCE WITH LAWS Vendor shall fully obey and comply with all laws, ordinances and administrative regulations duly made in accordance therewith, which are or shall become applicable to this Order or the performance of work hereunder. 16. MATERIAL INSTALLATION All materials shall be installed in accordance with manufacturer's specifications. 17. PAYMENT FOR MATERIALS The City shall only pay for materials satisfactorily incorporated into the work/project and shall not pay for materials stored at the work/project site or elsewhere. 18. EXCUSABLE DELAYS The City may grant additional time for any delay or failure to perform hereunder If the delay will not adversely impact the best interests of the City and is due to causes beyond the control of the Vendor. Such grant must be in writing and made part of the Order. 19, TERMINATION City, acting through its City Manager or designee, reserves the right to terminate this Order in whole or in part for default fa) if Vendor fails to perform in accordance with any of the requirements of this Order, or (b) if Vendor becomes insolvent or suspends any of its operations or if any petition is filed or proceeding commenced by or against Vendor under any State or Federal Law relating to bankruptcy, reorganization, receivership or assignment for the benefit of creditors. Any such termination will be without liability to City except for completed items delivered and accepted by the City. Vendor will be liable for excess costs of re - procurement. In the event of default by the Vendor, City may procure the articles or services covered by this Order from other sources and hold the Vendor responsible for any excess costs occasioned thereby, in addition to all other available remedies at !aw or equity. 20. INDEMNIFICATION Vendor shall indemnify, hold harmless and, at City's option, pay for an attorney selected by the City, to defend the City, and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, for (a) demands and claims for persona! injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property, arising out of any errors, omissions, misconduct or negligent acts, of Vendor, its officials, agents, employees or subcontractors arising out of this Order, whether direct or indirect and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, damages of every kind and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and investigation thereof and for f b) demands and claims sought by third parties related to any alleged breach of any non -competition of similar provisions. Vendor shall indemnify City, and any of its officers, agents, servants and employees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement by Vendor of any patent, trademark, copyright, trade secret or other proprietary right relating to services or goods furnished Page 2 of 3 4 X w A 9 1 pursuant to this Order. Vendor will defend and/or settle at its own expense any action brought against the City and any of its officers, agents, servants and employees, to the extent that it is based on a claim that products or services furnished to City by Vendor pursuant to this Order, or if any portion of the services or goods related to the performance of the service become unusable as a result of any such infringement or claim. Vendor acknowledges that specific consideration has been paid or will be paid under this Order for this hold harmless and indemnification provision, and further agrees with the foregoing provisions of indemnity and with the collateral obligation of insuring said indemnity. The provisions of this indemnification section shall survive the expiration or earlier termination of this Order. To the extent considered necessary by the City Manager and the City Attorney, any sums due Vendor under this Order may be retained by City until all of City's claims for indemnification pursuant to this Order have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 21. INSURANCE The Vendor of services must have secured and maintained insurance in the amount of at least $1,000.000 for general and $500,000 for automobile liability limits, and must fist the City as an additional insured on this coverage. The Vendor must have worker's compensation coverage as required by law. Any exception to the above stated limits or other requirements must be endorsed and approved in writing by the City Manager. 22. ANTI -DISCRIMINATION Vendor shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color. gender, sexual orientation, national origin, marital status, ,physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for disqualification. 23. APPLICABLE LAW AND VENUE. ATTORNEYS' FEES AND COSTS This Order shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this Order. Venue for any action to enforce or related to this Order shall be in Miami -Dade County, Florida, only, The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Order. The parties understand and agree that this waiver is a material contract term. This Order is not subject to arbitration. If any party is required to enforce the w terms of this Order by court proceedings or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees and costs. 24. PUBLICITY No endorsement by the City of the product and/or service will be used by Vendor in any way, manner or form in product literature, advertising, or for any other purpose. 25. ACCEPTANCE Vendor's acceptance of all of the terms and conditions contained in this Order will be presumed unless Vendor acknowledges exception, in writing, to the City prior to the earlier of (a) ten calendar days after date of the Order or (b) the first performance by either party of any obligations under this Order, 26. REPRESENTATIVE All parties to this Order agree that the representatives named herein possess full and complete authority to bind the parties. 27. ASSIGNMENT Any assignment of this Order or the performance of work hereunder, in whole or in part, is prohibited. 28. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for payments due under this Order, then the City, upon written notice to Vendor of such occurrence, shall have the unqualified right to terminate this Order without any penalty or expense to the City. Page 3 of 3