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Res No 064-25-16356RESOLUTION NO.064-25-16356 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,SELECTING AND AWARDING A CONSTRUCTION CONTRACT TO SUN EAGLE GENERAL CONTRACTORS INC.FOR THE MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS PROJECT IN THE AMOUNT OF $225,779.28,TOGETHER WITH A $22,577.00 CONTINGENCY,FOR A TOTAL PROJECT COST IN AN AMOUNT NOT TO EXCEED $248,356.28 PURSUANT TO INVITATION TO BID NO.PR2025-06;PROVIDING FOR AUTHORIZATION;PROVIDING FOR IMPLEMENTATION,CORRECTIONS,AND AN EFFECTIVE DATE. WHEREAS,on June 5,2025,the City of South Miami (the “City”)issued Invitation to Bid No.PR2025-06 (“ITB”)for the Murray Park Aquatic Center Pool Renovation Improvements Project (the “Project”);and WHEREAS,the City received three (3)sealed bids by the ITB deadline;and WHEREAS,after review and evaluation of the bids,City Staff determined that Sun Eagle General Contractors Inc.(the “Contractor”)was the lowest,responsive,and responsible bidder, with a bid for the Project in the amount of $225,779.28;and WHEREAS,the City Commission desires to select and award a construction contract to the Contractor for the Project,and authorize the City Manager to negotiate and enter into a contract in substantially the form attached hereto as Exhibit “A”(the “Contract”)with the Contractor in the amount of $225,779.28,together with a $22,577.00 contingency for the Project,for a total amount not to exceed $248,356.28;and WHEREAS,the Project shall be funded using $85,000.00 from the Parks Facilities Impact Fee Fund Account No.117-2000-572-6450,which has a current balance of $588,727.00,and $1 63,356.28 from the Parks &Recreation Capital Improvement Fund Account No.301-2000-572- 6450,which has a current balance of $432,544.00 and/or such other funding source as determined by the City Manager to be in the best interest of the City;and WHEREAS,the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AS FOLLOWS: Res.No.064-25-16356 Section 1.Recitals.That each of the above-stated recitals are hereby adopted, confirmed,and incorporated herein. Section 2.Selection and Award.That the City Commission hereby selects the Contractor and awards the Contractor the Contract to construct the Project. Section 3.Authorization.That the City Commission hereby authorizes the City Manager to negotiate and execute the Contract,in substantially the form attached hereto as Exhibit “A,”with the Contractor to construct the Project in the amount of $225,779.28,together with a $22,577.00 contingency for the Project,for a total amount not to exceed $248,356.28, subject to the final approval of the City Attorney as to form,content,and legal sufficiency.The Project shall be funded using $85,000.00 from the Parks Facilities Impact Fee Fund Account No. 1 17-2000-572-6450,which has a current balance of $588,727.00,and $163,356.28 from the Parks &Recreation Capital Improvement Fund Account No.301-2000-572-6450,which has a current balance of $432,544.00,and/or such other funding source as determined by the City Manager to be in the best interest of the City. Section 4.Implementation.The City Manager is hereby authorized to take any and all action necessary to implement the Project,the Contract and the purposes of this Resolution. Section 5.Corrections.Conforming language or technical scrivcner-typc corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 6.Effective Date.This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 5th day of August,2025. ATTEST: CITY CLE^^^X READ AND APPROVED AS TO FORM, LANGUAGE,LEGALITY AND EXECUTION THEREOF—* WEISS SEROTA HELFMAN COLE &BIERMAN,P.L. CITY ATTORNEY APPROVED: MAYOR '' COMMISSION VOTE:4-0 Mayor Javier Fernandez:Yea Vice Mayor Brian Corey:Yea Commissioner Lisa Bonich:Absent Commissioner Steve Calle:Yea Commissioner Danny Rodriguez:Yea Page 2 of 2 Subject: Suggested Action: Meeting Date:August 5, 2025 Submitted By:Nkenga Payne Submitted Department:Parks & Recreation Item Type:Resolution Agenda Section:RESOLUTION(S) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND AWARDING A CONSTRUCTION CONTRACT TO SUN EAGLE GENERAL CONTRACTORS INC. FOR THE MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS PROJECT IN THE AMOUNT OF $225,779.28, TOGETHER WITH A $22,577.00 CONTINGENCY, FOR A TOTAL PROJECT COST IN AN AMOUNT NOT TO EXCEED $248,356.28 PURSUANT TO INVITATION TO BID NO. PR2025-06; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER - PARKS & RECREATION DEPT.) Agenda Item No. 4. CITY COMMISSION Agenda Item Report Attachments: Memo-MPAC_Swimming_Pool_Renovation.docx 4BM1455-Resolution-MPAC Swimming Pool Renovation.docx Exhibit A - Construction Contract - Sun Eagle - Murray Park Pool Resurfacing Project - Copy.DOCX FINAL ITB Murray Park Acquatic Renovations 6.5.25.pdf Sun Eagle GC Bidding Document.PDF ITB PR2025-06 Bid Tabulation 7.8.25.pdf Proposal Summary ITB PW2024-06 6.14.24.pdf Reference Sheets.pdf Demand Star ITBPR2025-06 7.8.25.pdf SUN EAGLE SUN BIZ 7.8.25.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM: Genaro “Chip” Iglesias, City Manager DATE: August 5, 2025 SUBJECT: Pool Resurfacing Project at Murray Park Aquatic Center ($248,356.28) RECOMMENDATION: Authorize the City Manager to execute an agreement with Sun Eagle General Contractors, Corp. for pool resurfacing and related improvements at Murray Park Aquatic Center, in an amount not to exceed $248,356.28, including contingency funds. BACKGROUND: The Murray Park Aquatic Center—an essential community asset offering public open swim, aquatic fitness, swim instruction, and recreational programs—is set to undergo its first major maintenance investment since opening in 2014, eleven years ago. The swimming pool, approximately 3,365 square feet in size, is in critical need of renovation to restore safety, functionality, and extend its service life. The deteriorating surface, along with failing tiles and expansion joints, has compromised both the pool’s appearance and performance. Planned improvements include removal of existing plaster and surface finishes, repairs to the concrete shell, cleaning of drains and piping, and installation of a new PebbleTec PebbleFINA finish. Additional upgrades will include full replacement of pool tiles—including perimeter, depth markers, and lane striping—as well as new grout, expansion joints, improved waterproofing, reapplication of lane markers, and general restoration work. In addition to resurfacing and structural repairs, the images below highlight key elements of the planned scope of work. All expansion joints to be removed and replaced with new 2 South^'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Replace tiles Clean all coping using acid wash and pressure washing, then apply a matte sealant Replace grout 3 South ’Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Reapply lane markers, depth indicators, and visual elements to match existing All improvements will conform with current Florida Department of Health and National Plasterers Council specifications and are aimed at improving safety, durability, and long-term performance. PROCUREMENT: On June 5, 2025, the City’s Parks, Recreation and Culture Department, in coordination with the Procurement Division, issued Invitation to Bid (ITB) No. PR2025-06 for “Murray Park Aquatic Center Pool Renovation Improvements.” Three firms submitted proposals, as detailed below. Bidder Bid Price Sun Eagle General Contractors, Corp. $225,779.28  Tower Construction $292,640.00 - non-responsive FSV Construction $397,000.00 City staff finds Sun Eagle General Contractors, Corp. (“Sun Eagle”) to have submitted the lowest, responsive, and responsible proposal. Sun Eagle has successfully completed similar improvement projects for both Miami-Dade County Parks and the City of Miami. Reference checks yielded positive feedback regarding the firm’s performance and reliability. VENDOR Sun Eagle General Contractors, Corp. EXPENSE: $225,779.28, plus $22,577.00 in contingencies for unforeseen construction activities, for a total of $248,356.28. FUND ACCOUNT: The City initially appropriated $85,000 from the Parks Facilities Impact Fee Fund, line item 117-2000-572-6450, which currently has a balance of 4 South^'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM $588,727. After the solicitation process, the project cost came in higher than expected. To cover the difference, the remaining $163,356.28 will be allocated from the Parks and Recreation Capital Improvement Fund, line item 301-2000-572-6450, which has a current balance of $432,544. This higher balance is due to the Dante Fascell project funds being reallocated to FY 2026. ATTACHMENTS: Resolution Final ITB Murray Park Aquatic Renovations Bid Document: Sun Eagle General Construction Inc. Exhibit A: Agreement Bid Tabulation ITB-PR2025-06 Proposal Summary for ITB PR2025-06 Reference Sheets for Sun Eagle and FSV Demand Star ITB PR2025-06 Sun Biz: Sun Eagle General Construction Inc. 5 South^'Miami THE CITY OF PLEASANT LIVING CONTRACT FOR CONSTRUCTION THIS CONTRACT FOR CONSTRUCTION (this “Contract”)is made this day of ,2025 (the “Effective Date”)by and between the CITY OF SOUTH MIAMI,FLORIDA,a Florida municipal corporation,(the “City”),and SUN EAGLE GENERAL CONSTRUCTION INC.,a Florida profit corporation (the “Contractor”). WHEREAS,on June 5,2025,the City issued Invitation to Bid No.PR2025-06 (“ITB”)for the Murray Park Aquatic Center Pool Renovation Improvements Project (the “Project”),which Scope of Work for construction of the Project is attached hereto as Exhibit “A”(the “Work,”as further described hereinafter);and WHEREAS,in response to the City’s ITB,the Contractor submitted a bid for the Project (“Bid”),which Bid is incorporated herein by reference and made a part hereof as Exhibit “B”;and WHEREAS,Contractor submitted the lowest,responsive and responsible bid in the amount of $225,779.28 in response to the ITB;and WHEREAS,on August 5,2025,the City Commission adopted Resolution Nor2025-DW2^~I IcSGselectingandawardingthisContracttotheContractorfortheperformanceoftheWork,as defined hereinafter,for the Project;and WHEREAS,Contractor has represented to the City that it possesses the necessary qualifications,experience and abilities to perform the Work or the Project,and has agreed to provide the Work on the terms and conditions set forth in this Contract. NOW,THEREFORE,in consideration of the mutual covenants and conditions contained herein,the Contractor and the City agree as follows: 1.SCOPE OF WORK 1.1.Scope of Work.Contractor hereby agrees to furnish all of the labor,materials,equipment, services and incidentals necessary to perform all of the Work for the Project described in the Contract Documents (the “Work”)including,without limitation as described in the Scope of Work attached hereto as Exhibit “A,”any approved plans,drawings and/or specifications prepared by the City’s Project Consultant (the “Plans”),the Contractor’s Bid attached hereto as Exhibit “B”(the “Bid”),and any other documents incorporated herein by reference and made a part of this Contract for the following Project: MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS PROJECT 1.2.Pre-Construction Conference.Within fourteen (14)calendar days after this Contract is executed by both parties,and before any Work has commenced,a pre-construction conference will be held between the City,the Contractor,and the Project Consultant.The Contractor must submit its project schedule and schedule of values,if applicable,prior to this conference. Page 1 of 37 1.3.Project Schedule.Contractor must submit a proposed Project Schedule as follows: 1.3.1.Schedule must identify the schedule for each location comprising the Project The proposed Project schedule must be submitted within ten (10)calendar days from the date this Contract is executed by both parties for the review and approval of the Project Consultant or City as applicable.This initial schedule shall establish the baseline schedule for the Project 13.2.AU updates of schedules must be tracked against the baseline schedule and must be at a minimum submitted with each pay application.An updated schedule tracked against the baseline must also be submitted upon execution of each Change Order that impacts the Contract Time.Failure to submit such schedules will result in the rejection of any submitted payment application. 1.33.AU Project Schedules must be prepared in Microsoft Project or approved equal by the City.At the time of submission of schedules,Contractor must submit a hard copy as well as an electronic version.Electronic versions must not be submitted in a .pdf format. 13.4.Unless otherwise provided in the Project Schedule,the Contractor shall provide the City with regular schedule updates relating to the progress of the Work in accordance with the Project Schedule by the 10th of each month if a Progress Payment Application is not submitted.In addition to the foregoing,the Contractor shaU must provide the City with an update regarding the progress of the Work in accordance with the Project Schedule within five (5)calendar days of written request by the City or Project Consultant. 1.4.Records. 1.4.1.As-Built Drawings.During the Work,Contractor must maintain records of all deviations from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed.It is the responsibility of the Contractor to check the As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing that the As-Built Record Drawings are correct and accurate,including the actual location of all infrastructure,internal piping,and electrical/signal conduits in or below the concrete floor (indicating the size,depth,and voltage in each conduit).To record actual construction,Contractor must legibly mark,on-site structures and site Work as follows: 1.4.1.1.Depths of various elements of foundation in relation to finish first floor datum. 1.4.1.2.All underground piping and ductwork with elevations and dimensions and locations of valves,pull boxes,etc.Changes in location.Horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements.Actual installed pipe material,class,etc. 1.4.1.3.Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure.Air conditioning ducts with locations of dampers,access doors,fans and other items needing periodic maintenance. 1.4.1.4.Field changes in dimensions and details. 1.4.1.5.Changes made by Project Consultant’s written instructions or by Change Order. Page 2 of 37 1.4.1.6.Details not on original Contract Drawings. 1.4.1.7.Equipment,conduit,electrical panel locations. 1.4.1.8.Project Consultant’s schedule changes according to Contractor’s records and shop drawings. 1.4.1.9.Specifications and Addenda:Legibly mark each section to record: 1.4.1.9.1.Manufacturer,trade name,catalog number and Supplier of each product and item of equipment actually installed. 1.4.1.9.2.Changes made by Project Consultant’s written instructions or by Change Order. 1.4.1.10.Approved Shop Drawings:Provide record copies for each process,equipment, piping,electrical system and instrumentation system. 1.4.1.10.1.As-built documents must be updated monthly as a condition precedent to payment.A final survey signed and sealed by a surveyor must be provided to the City at no additional cost,including digital 1 (CAD and PDF)versions. 1.4.1.10.2.For construction of new building,or building additions,field improvements,and or roadway improvements,as-built drawings must be signed and sealed by a Florida Licensed Registered Land Surveyor. 1.4.2.Record Set.Contractor must maintain in a safe place one record copy and one permit set of the Contract Documents,including,but not limited to,all Drawings,Specifications, amendments,COs,RFIs,and field directives,as well as all written interpretations and clarifications issued by the Project Consultant,in good order and annotated to show all changes made during construction.The record documents must be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt 1he Work to field conditions,changes resulting from COs and/or field directives as well as all written interpretations and clarifications,and all concealed and buried installations of piping,conduit and utility services.Contractor must certify the accuracy of the updated record documents.The record documents must be clean,and all changes,corrections and dimensions must be given in a neat and legible manner in red.Upon Final Completion and as a condition precedent to Contractor’s entitlement to final payment,the Record Set must be delivered to the Project Consultant by the Contractor.The Record Set of Drawing must be submitted in both hard copy and as electronic plot files. 1.4.3.Construction Photographs.Prior to commencement of the Work the Contractor must take digital photographs and color audio-video recording to document existing conditions and submit copies in an acceptable format to the City.Contractor must submit with each application for payment photographs that accurately reflect the progress of all aspects of the Work The number of photographs to be taken will be based on the magnitude of the Work being performed.Contractor must submit one copy of each photograph in print and digitally. The photographs must be printed on 8”X 10”high resolution glossy commercial grade and weight color photographic print paper or in a format acceptable to the City.Each photograph must be imprinted on its face with the title of the Project,the date,and time the picture was taken.Digital photographs must be taken using .jpeg format and will be submitted through a file-sharing site (such as Dropbox)or on a CD-ROM or flash drive clearly identifying the Page 3 of 37 name of the Project,the name of the Contractor,and the timeframe in which the pictures were taken.Initial set up prints will be submitted in a three-ring binder with each picture protected by a clear plastic sleeve.Subsequent prints are to be submitted in clear plastic sleeves that can be added to the binder.The three-ring binder must be of such size to be able to hold all print pictures. 1.5.Staging Site. 1.5.1.The Contractor is solely responsible for making all arrangements for any staging site(s) that may be necessary for the performance of the Work and the Contractor is responsible for all site security,including any fencing of the site,and any loss,damage or theft to its equipment and materials.Any fencing of the Staging Site is subject to the prior written approval of the City. 1.5.2.The City at its sole discretion may make a staging site available for use by the Contractor.If such site is made available by the City,the City assumes no responsibility or liability for the equipment or materials stored on the site,and the Contractor will be solely responsible for any loss,damage or theft to its equipment and materials.The Contractor must restore the site to its pre-existing condition prior to the Contractor’s use of the site. 1.53.The Contractor may be required to provide or may choose to use an office trailer for the duration of the Project.The Contractor must have the prior written approval of the City as to the use of any office trailer and the placement location for the office trailer.The Contractor must obtain all required permits from the appropriate regulatory agencies. 1.5.4.No parking is permitted at a City provided staging site without the prior written approval of the City. 1.6.Purchase and Delivery,Storage and Installation.All materials must be F.O.B.delivered and included in the cost of the Work.The Contractor is solely responsible for the purchase,delivery, off-loading and installation of all equipment and material(s).Contractor must make all arrangement for delivery.Contractor is liable for replacing any damaged equipment or material(s)and filing any and all claims with suppliers.All transportation must comply with all federal,state (including FDOT),Miami-Dade County,and local laws,rules and regulations.No materials will be stored on¬ site without the prior written approval of the City. 1.7.Approval of Subcontractors.For any scope of work that the Contractor will utilize a subcontractor,the Contractor may only retain or utilize the services of the particular subcontractorwiththepriorwrittenapprovaloftheCityManager,which approval may be granted or withheld in the City Manager’s sole and absolute discretion.The Contractor shall provide at least fourteen (14) days notice to the City Manager and the Project Consultant of its intent to retain or utilize a subcontractor. 1.8.Protect Signage.Contractor must furnish and install two (2)Project signs at the Project Site in accordance with the requirements provided by the Project Consultant or the City as applicable. 2.CONTRACT TIME 2.1.Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed providing a commencement date and issued by the City Manager or designee. The Notice to Proceed will not be issued until Contractor’s submission to City of all required documents and after execution of this Contract. Page 4 of 37 2.2.Time is of the essence throughout this Contract The Contractor shall prosecute the Work with faithfulness and diligence and die Work shall be substantially completed within 60 calendar days from the date specified in the Notice to Proceed (“Contract Time”).Substantial Completion shall be defined for this pinpose as the date on which City receives beneficial use of the Project The Work shall be fully completed in accordance with the Contract Documents within 90 calendar days from the date specified in the Notice to Proceed (“Final Completion Time”).The Final Completion date is defined as the date determined by the City when all Work, including punch list items,has been completed in accordance with the Contract Documents and Contractor has delivered to City all documentation required herein. 2.3.Upon failure of Contractor to substantially complete the Work as defined in this Agreement within the Contract Time,Contractor shall pay to City the sum of $1,699.00 for each calendar day after the expiration of the Contract Time that the Contractor fails to achieve Substantial Completion up until the date that the Contractor achieves Substantial Completion.Upon failure of Contractor to fully complete the Work and achieve Final Completion within the Final Completion Time, Contractor shall pay to City the sum of $1,699.00 for each calendar day after expiration of the Final Completion Time that the Contractor fails to achieve Final Completion up until the date that the Contractor achieves Final Completion.These amounts are not penalties but are liquidated damages payable by Contractor to City for the failure to provide full beneficial occupancy and use of the Project as required.Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining the amount of damages that will be sustained by City as a consequence of Contractor’s delay and failure of Contractor to complete the Work on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 2.4.City is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract In case the liquidated damage amount due to City by Contractor exceeds monies due Contractor from City,Contractor shall be liable and shall immediately upon demand by City pay to City the amount of said excess. 3.CONTRACT PRICE AND PAYMENT PROCEDURES 3.1.Guaranteed Maximum Price.The City shall pay the Contractor an amount not to exceed $225,779.28 for the performance of the Work in accordance with the line items and unit prices included in Exhibit “B”(the “Contract Price”).The Contract Price shall be full compensation for all services,labor,materials,equipment,and costs,including overhead and profit,associated with completion of all the Work in full conformity with the Contract Documents and adjusted only by written change orders signed by both parties and approved as required by local law.The Contract Price shall include all applicable sales taxes as required by law. 3.2.Schedule of Values.The Contractor must submit two copies of schedule of values within ten (10)calendar days from the date this Contract is executed by both parties.The schedule of values shall indicate a complete breakdown of labor and material of all categories of Work on the Project Contractor’s overhead and profit must be listed as separate line items.Each line item must be identified with the number and title of the major specification section or major components of the items.The Project Consultant or City as applicable may require further breakdown after review of the Contractor’s submittal.The City reserves the right to require such information from the Contractor as may be necessary to determine the accuracy of the schedule Page 5 of 37 of values.The combined total value for mobilization under the Schedule of Values shall not exceed 5%of the value of the Contract.The accepted Schedule of Values must be incorporated into the Contractor’s payment application form.The Contractor guarantees that each individual line item contained in the schedule of values submitted as part of a competitive solicitation shall not be increased without written approval by the City Manager. 3J.Payment Application Procedures.City shall make progress payments,deducting the amount from the Contract Price above on the basis of Contractor’s Applications for Payment on or before twenty (20)days after receipt of the Pay Application.Rejection of a Pay Application by the City shall be within twenty (20)days after receipt of the Pay Application.Any rejection shall specify the applicable deficiency and necessary corrective action.Any undisputed portion shall be paid as specified above.All such payments will be made in accordance with the Schedule of Values established in the Contract Documents or,in the event there is no Schedule of Values, as otherwise provided in the Contract Documents.In the event the Contract Documents do not provide a Schedule of Values or other payment schedule,Applications for Payment shall be submitted monthly by Contractor on or before the 10th of each month for the prior month to the Project Consultant.Progress payments shall be made in an amount equal to the percentage of Work completed as determined by the City or City’s Project Consultant,but,in each case,less the aggregate of payments previously made and less such amounts as City shall determine or City may withhold taking into account the aggregate of payments made and the percentage of Project completion in accordance with the Contract Documents and Schedule of Values,if any. The Contractor agrees that five percent (5%)of the amount due for each progress payment or Pay Application (the “Retainage”)shall be retained by City until final completion and acceptance of the Work by City.In the event there is a dispute between Contractor and City concerning a Pay Application,dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the disputed Payment Application.The City shall reach a conclusion within 15 days thereafter and promptly notify Contractor of the outcome,including payment,if applicable. 3.4.Progress Payment Applications,Each progress payment application submitted to the City must include: 3.4.1.A sworn and certified progress payment affidavit indicating that all laborers,material suppliers,and subcontractors dealing with the Contractor were paid in full as it relates to all Work performed up to the time of the request for payment; 3.4.2.Partial conditional releases or waivers of lien by the Contractor,material suppliers, subcontractors,and any lienors serving a Notice to the City and evidence of proof of payment of any indebtedness incurred with respect to the Work of the Contractor as may be required by the City; 3.4.3.Evidence that all Work was fully performed as required by the Contract Documents up to the time of the request for payment and that the Work was inspected and accepted by the City and any other governmental authorities required to inspect the Work;and 3.4.4.An updated Project schedule,including a two-week look-ahead schedule,as approved in writing by the City Manager. Page 6 of 37 3.4.5.All Buy-Out Savings,including supporting documentation relating to the calculation of the Buy-Out Savings. 3.5.Final Payment Upon Final Completion of the Work by Contractor in accordance with the Contract Documents and acceptance by the City,and upon receipt of consent by any surety,City shall pay the remainder of the Contract Price (including Retainage)as recommended by the City’s Project Consultant and Building Official.Final payment is contingent upon receipt by City from Contractor of: 3.5.1.An affidavit that payrolls,bills for materials,equipment,and other indebtedness were paid in full as it relates to all Work performed under this Contract; 3.5.2.A certificate evidencing that insurance required by the Contract Documents shall remain in effect after final payment is made; 3.5.3.A written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents; 3.5.4.Documentation of any special warranties,including,but not limited to,any manufactures’warranties or specific subcontractor warranties; 3.5.5.Evidence that all Punch List items have been fully completed to the satisfaction of the City; 3.5.6.All previously undelivered manufacturer and subcontractor guarantees,warranties,and manuals and documents required by the Contract Documents; 3.5.7.Final releases of lien,waivers of claim,satisfactions of liens or claims,and such other affidavits as may be reasonably required by the City to assure a lien-free and claim-free completion of the Work; 3.5.8.Evidence that the Contractor has folly cleaned and restored the site,including removal of all rubbish and debris; 3.5.9.At least one complete set of as-built plans,reflecting an accurate depiction of Contractor’s Work; 3.5.10..Such other documents necessary to show that the Contractor has complied with all other requirements of the Contract Documents;and 3.5.11.Cost Savings,including supporting documentation used to calculate the Cost Savings. 3.6.Payment Withholding.The City may withhold any payment,including a final payment,for application to such extent as may be necessary,as determined by the City’s Project Consultant,to protect the City from loss for which the Contractor is responsible in the event that: 3.6.1.The Contractor performs defective Work and such Work has not been corrected, provided that the amount withheld shall be limited to the amount sufficient to cover such defective Work; Page 7 of 37 3.6.2.A third-party files a claim or lien in connection with the Work or this Contract; 3.63.The Contractor fails to make payments properly to subcontractors or suppliers for labor, materials,or equipment which has been paid by the City,provided that the amount withheld shall be limited to the amount sufficient to cover such payments to subcontractors or suppliers for labor,materials,or equipment; 3.6.4.The City has reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 3.6.5.The Contractor,its employees,subcontractors,or agents have damaged the City; 3.6.6.The City has reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover liquidated damages for the anticipated delay; 3.6.7.The Contractor has failed to progress the Work satisfactorily and/or according to the Contract Schedule; 3.6.8.The Contractor has failed to carry out the Work in accordance with the Contract Documents; 3.6.9.The Contractor has failed to provide requisite releases of lien for each payment application in accordance with the Contract Documents;and/or 3.6.10.Any other failure to perform a material obligation contained in the Contract Documents. 3.7.No Waiver of City Rights,The payment of any Application for Payment by the City, including the final request for payment,does not constitute approval or acceptance by the City of any item of the Work reflected in such Application for Payment,nor shall it be construed as a waiver of any of the City ’s rights hereunder or at law or in equity. 3.8.Payment to Sub-Contractors;Certification of Payment to Subcontractors.The term “subcontractor,”as used herein,includes persons or firms furnishing labor,materials or equipment incorporated into or to be incorporated into the Work or Project.The Contractor is required to pay all subcontractors for satisfactory performance of their contracts as a condition precedent to payment to Contractor by the City.The Contractor shall also return all retainage withheld to the subcontractors within 30 days after the subcontractor’s work is satisfactorily complete and accepted by the City. 3.9.Cost Savings and Value Engineering, 3.9.1.Cost Savings.In the event the Contractor rebids or renegotiates with any subcontractor to reduce subcontractor costs for the performance of the Work,then the difference between (i)the sum of the subcontractor costs used to establish the Contract Price,as set forth in the Schedule of Values,and (ii)the sum of the revised subcontractor costs,including any early payment or similar discounts (the “Cost Savings”),shall revert to the City.The Contract Price Page 8 of 37 shall be adjusted in accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised to reflect the new Contract Price. 3.9.2.Value Engineering.Contractor shall participate in Value Engineering the Contract Documents with the City and the Architect with the goal of finding acceptable means for reducing the cost of the Work.Upon acceptance by the City of recommendation for Value Engineering,the Contract Documents shall be modified to reflect such changes.All savings in connection with Value Engineering of the Work shall revert to City. 4.CONTRACT DOCUMENTS 4.1.The Contract Documents,which comprise the entire agreement between the City and the Contractor concerning the Work,consist of this Contract for Construction (including any change orders and amendments thereto),the Scope of Work attached hereto as Exhibit “A,”any Plans and Specifications prepared by the City’s Project Consultant for the Project (the ‘Tians and Technical Specifications”),the ITB and any Bidding Documents or procurement documents for the Project, the Contractor’s Bid for die Project (including the Schedule of Bid Items-Pricing)attached hereto as Exhibit “B”,the Bonds (defined herein),Insurance Certificates,the Notice of Award,and the Notice to Proceed,all of which are deemed incorporated into and made a part of this Contract by this reference and govern this Project. 4.2.This Contract incorporates and includes all prior negotiations,correspondence,conversations, agreements,or understandings applicable to the matters contained herein and the parties agree that there are no commitments,agreements,or understandings concerning the subject matter of these Contract Documents that are not contained herein.Accordingly,it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements,whether oral or written. 4.3.The Contract Documents shall remain the property of the City.The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project;however in no circumstances shall (he Contractor use,or permit to be used,any or all of such Contract Documents on other projects without the City's prior written authorization. 4.4.Conflicts;Order of Priority.This document without exhibits is referred to as the “Base Agreement.”In the event of a conflict between the terms of this Base Agreement and any exhibits or attachments hereto,or any documents incorporated herein by reference,the conflict shall be resolved in the following order of priorities and the more stringent criteria for performance of the Work shall apply: 4.4.1.First Priority:Change Orders with later date taking precedence; 4.4.2.Second Priority:This Base Agreement; 4.4.3.Third Priority:Plans and Technical Specifications,if applicable; 4.4.4.Fourth Priority:Exhibit “A,”the Scope of Work; 4.4.5.Fifth Priority:Exhibit “B,”the Contractor’s Bid;and 4.4.6.Sixth Priority:Contract Documents,excluding this Base Agreement and Exhibits listed in this Section. 5.INDEMNIFICATION Page 9 of 37 5.1.To the fullest extent permitted by law.Contractor shall defend,indemnify,and hold harmless the City,its officers,agents,consultants,and employees,from and against any and all demands,claims,losses,expenses,suits,liabilities,causes of action,judgment or damages, including but not limited to legal fees and costs and through appeal,arising out of,related to, resulting from,or in any way connected with Contractor’s negligence,recklessness,or intentional misconduct in the Contractor’s performance or non-performance of this Contract, Contractor’s obligations,or the Work related to the Contract,including but not limited to by reason of any damage to property,or bodily injury or death incurred or sustained by any person, or to injury to or destruction of tangible property or any other property (other than the Work itself)including the loss of use resulting therefrom,caused in whole or in part by any willful, wanton,or negligent,or grossly negligent acts or omissions of Contractor,any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by applicable law and regardless of the negligence of any such party..Additionally,the Contractor shall defend,indemnify,and hold the City harmless from all losses,injuries or damages and wages or overtime compensation due its employees in rendering services pursuant to this Contract, including payment of reasonable attorneys’fees and costs in the defense of any claim made under the Fair Labor Standards Act,Title VII of the Civil Rights Act of 1964,the Age Discrimination in Employment Act,the Americans with Disabilities Act or any other employment related litigation or worker’s compensation claims under federal,state,or local law. 5.2.Nothing herein is intended to serve as a waiver of sovereign immunity by the City nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract.The City is subject to section 768.28,Florida Statutes, as may be amended from time to time. 5.3.The provisions of this section shall survive termination of this Contract. 6.INSURANCE AND BONDS 6.1.Insurance. 6.1.1.Contractor shall secure and maintain throughout the duration of this Contract insurance of such types and in such amounts not less than those specified below as satisfactory to the City,naming the City as an Additional Insured,underwritten by a firm rated A-X or better by Bests Rating and qualified to do business in the State of Florida. Certificates of Insurance shall be provided to the City,reflecting the City as an Additional Insured,no later than ten (10)days after award of this Contract and prior to the execution of this Contract by City and prior to commencing any Work.Each certificate shall include no less than (30)thirty-day advance written notice to City prior to cancellation,termination, or material alteration of said policies or insurance.The insurance coverage shall be primary insurance with respect to the City,its officials,employees,agents and volunteers naming the City as additional insured.Any insurance maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance.The insurance coverages shall include at a minimum the amounts set forth in this Section 6.1. Page 10 of 37 6.1.1.1.Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage.This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor.The General Aggregate Liability limit (except for Products/Completed Operations)shall be in the amount of $2,000,000. 6.1.1.2.Workers Compensation and Employer’s Liability insurance,to apply for all employees for statutory limits as required by applicable State and Federal laws.The policy(ies)must include Employer’s Liability with minimum limits of $1,000,000.00 each accident.No employee,subcontractor or agent of the Contractor shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker’s Compensation insurance.In order for this requirement to be waived,Contractor must provide proof of exemption from such laws.Information regarding eligibility for an exemption from the State of Florida Workers’Compensation Law is available at: https://www.mvfloridacfo.com/Division/wc/PublicationsFormsManualsReDorts/Broc hures/Kev-Coverage-and-Eligibilitv.pdf. Exemptions may be applied for online through the Florida Department of Financial Services,Division of Workers’Compensation at: https://www.mvfloridacfo.com/Division/wc/Emplover/Exemptions/default.htm. 6.1.1.3.Business Automobile Liability with minimum limits of $1,000,000 per Occurrence,combined single limit for Bodily Injury and Property Damage.Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy,without restrictive endorsements,as filed by the Insurance Services Office,and must include Owned,Hired,and Non-Owned Vehicles. 6.1.1.4.Builder’s Risk property insurance upon the entire Work to the full replacement cost value thereof.This insurance shall include the interest of City and Contractor and shall provide All-Risk coverage against loss by physical damage including,but not limited to,Fire,Extended Coverage,Theft,Vandalism and Malicious Mischief.If Builder’s Risk insurance is not required for this Project,the City shall select this box: 6.1.1.5.Contractor acknowledges that it shall bear the full risk of loss for any portion of the Work damaged,destroyed,lost or stolen until Final Completion has been achieved for the Project,and all such Work shall be fully restored by the Contractor,at its sole cost and expense,in accordance with the Contract Documents. 6.1.2.Certificate of Insurance.On or before the Effective Date of this Contract,the Contractor shall provide the City with Certificates of Insurance for all required policies. The Contractor shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Contract,including any extensions or renewals that may be granted by the City.The Certificates of Insurance shall Page 11 of 37 not only name the types of policy(ies)provided,but also shall refer specifically to this Contract and shall state that such insurance is as required by this Contract.The City reserves the right to inspect and return a certified copy of such policies,upon written request by the City.If a policy is due to expire prior to the completion of the Work,renewal Certificates of Insurance shall be furnished thirty (30)calendar days prior to the date of their policy expiration.Each policy certificate shall be endorsed with a provision that not less than thirty (30)calendar days’written notice shall be provided to the City before any policy or coverage is cancelled or restricted.Acceptance of the Certificate(s)is subject to approval of the City. 6.1.2.1.Additional Insured.The City is to be specifically included as an Additional Insured for the liability of the City resulting from Work performed by or on behalf of the Contractor in performance of this Contract.The Contractor’s insurance, including that applicable to the City as an Additional Insured,shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute to the Contractor’s insurance.The Contractor’s insurance shall contain a severability of interest provision providing that,except with respect to the total limits of liability,the insurance shall apply to each Insured or Additional Insured (for applicable policies)in the same manner as if separate policies had been issued to each. 6.1.2.2.Deductibles.All deductibles or self-insured retentions must be declared to and be reasonably approved by the City.The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 6.1.3.The provisions of this section shall survive termination of this Contract. 6.2.Bonds.Prior to performing any portion of the Work the Contractor shall deliver to City the Bonds required to be provided by Contractor hereunder (the bonds referenced in this Section arecollectivelyreferredtohereinasthe“Bonds”).Pursuant to and in accordance with Section 255.05,Florida Statutes,the Contractor shall obtain and thereafter at all times during the performance of the Work maintain a separate performance bond and labor and material payment bond for the Work,each in an amount equal to one hundred percent (100%)of the Contract Price and each in the form provided in the Contract Documents or in other form satisfactory to and approved in writing by City and executed by a surety of recognized standing with a rating of BplusorbetterforbondsuptoTwoMillionDollars.The surety providing such Bonds must be licensed,authorized and admitted to do business in the State of Florida and must be listed in theFederalRegister(Dept of Treasury,Circular 570).The cost of the premiums for such Bonds isincludedintheContractPrice.If notice of any change affecting the Scope of the Work,the Contract Price,Contract Time or any of the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety,the giving of any such notice shall be Contractor’s sole responsibility,and the amount of each applicable bond shall be adjusted accordingly.If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations,the Contractor shall, within five (5)days of any such event,substitute another bond (or Bonds as applicable)and surety,all of which must be satisfactory to City.As authorized by Section 255.05(l)(a),Florida Statutes,if this Project is exempt from posting of a payment and performance bond,the City shall select this box: Page 12 of 37 7.CONTRACTOR’S REPRESENTATIONS AND WARRANTIES 7.1.In order to induce the City to enter into this Contract,the Contractor makes the following representations and warranties: 7.1.1.Contractor represents the following: 7.1.1.1.Contractor has examined and carefully studied the Contract Documents and the other data identified in the bidding documents,including,without limitation,the “technical data”and plans and specifications and the Plans. 7.1.1.2.Contractor has visited the Project site and become familiar with and is satisfied as to the general and local conditions and site conditions that may affect cost,progress, performance or furnishing of the Work. 7.1.1.3.Contractor is familiar with and is satisfied as to all federal,state and local laws, regulations and permits that may affect cost,progress,performance and furnishing of the Work.Contractor agrees that it will at all times comply with all requirements of the foregoing laws,regulations and permits. 7.1.1.4.Contractor has made,or caused to be made,examinations,investigations,tests and/or studies as necessary to determine surface and subsurface conditions at or on the site.Contractor acknowledges that the City does not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground or ground facilities at,contiguous or near the site or for existing improvements at or near the site.Contractor has obtained and carefully studied (or assumes responsibility for having done so)all such additional supplementary examinations,investigations,explorations,tests,studies and data concerning conditions (surface,subsurface and underground facilities and improvements)at,contiguous or near to the site or otherwise which may affect cost, progress,performance or furnishing of the Work or which relate to any aspect of the means,methods,techniques,sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.Contractor does not consider that any additional examinations,investigations,explorations,tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price,within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.1.1.5.Contractor is aware of the general nature of Work to be performed by the City and others at the site that relates to the Work as indicated in the Contract Documents. 7.1.1.6.Contractor has correlated the information known to Contractor,information and observations obtained from visits to the site,reports and drawings identified in the Contract Documents and all additional examinations,investigations,explorations, tests,studies and data with the Contract Documents. 7.1.1.7.Contractor has given City written notice of all conflicts,errors,ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by City is acceptable to Contactor,and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Page 13 of 37 7.1.1.8.The Contractor agrees and represents that it possesses the requisite qualifications and skills to perform the Work and that the Work shall be executed in a good and workmanlike manner,free from defects,and that all materials shall be new and approved by or acceptable to City,except as otherwise expressly provided for in the Contract Documents.The Contractor shall cause all materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction,furnishing and equipping of the Project. 7.2.No recovery for changed market conditions. 7.2.1.In entering into the Contract,Contractor represents and warrants that it has accounted for any and all inflation-related events,recession,labor or material shortages,supply chain disruptions,delivery lead time,or price increases that may be caused by local and or national conditions,whether known or unknown at the time of entering into the Contract (the “Market Conditions”).Contractor further specifically represents and warrants that it has considered all impacts and potential impacts,including any current and future supply chain disruptions and labor shortages,associated with die following events:(1)worldwide pandemics including,but not limited to,COVID-19 and Monkey Pox (the “Pandemics”) and (2)the current military conflict involving Russia and the Ukraine (the “Ukraine Military Conflict”).Contractor also represents and warrants that in determining time requirements for procurement,installation,and construction completion,Contractor has taken into account the impacts of Market Conditions,the Pandemics,and the Ukraine Military Conflict,and has included all of those factors in the Construction Schedule and Contract Sum. 7.23.Contractor shall not seek any price increases or time extensions relating to or arising from the impacts of any Market Conditions,the Pandemics or Ukraine Military Conflict. 7.2.3.The City shall not make any adjustment in the Contract Sum or grant an extension to the Contract Time in connection with any failure by the Contractor to comply with the requirements of this Section. 7.3.Contractor warrants the following: 7.3.1.Anti-Discrimination.Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Contract because of race,color,religion,sex,national origin,or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment,and agrees to abide by all federal and state laws regarding non-discrimination. 7.3.2.Anti-Kickback.Contractor warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage,brokerage or contingent fee,and that no employee or officer of the City has any interest,financially or otherwise,in the Project.For breach or violation of this warranty,the City shall have the right to annul this Contract without liability or,in its discretion,to deduct from the Contract Price or consideration,the full amount of such commission,percentage,brokerage or contingent fee. Page 14 of 37 7.3.3.Licensing.Contractor represents that it is a properly qualified and licensed contractor in good standing within the jurisdiction within which the Project is located. Contractor warrants that it shall have,prior to commencement of Work under this Contract and at all times during said Work,all required licenses from the federal,state,Miami-Dade County,City,or other governmental or regulatory entity.Contractor acknowledges that it is the obligation of Contractor to obtain all licenses required for this Project,including City building permits.Prior to commencement of the Work,the Contractor shall provide the City with copies of all required licenses. 7.3.4.Permits.Contractor warrants that it shall have,prior to commencement of Work under this Contract and at all times during said Work,all required permits from the federal, state,Miami-Dade County,City,or other governmental or regulatory entity with jurisdiction over the site that are necessary to perform the Work.Contractor acknowledges that it is the obligation of Contractor to obtain all permits required for this Project,including City building permits.Prior to commencement of the Work,the Contractor shall provide the City with copies of all required permits.City building permit fees may be waived for this Project If permits are required by any other governing body or agency,the Contractor shall be obligated to pay the fees. 7.4.Defective Work;Warranty and Guarantee, 7.4.1.City shall have the authority to reject or disapprove Work which the City finds to be defective.If required by the City,Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with non-defective Work.Contractor shall bear all direct,indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 7.4.2.Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City or its designee,City shall have the authority to cause the defective Work to be removed or corrected,or make such repairs as may be necessary at Contractor's expense.Any expense incurred by City in making such removals,corrections or repairs,shall be paid for out of any monies due or which may become due to Contractor.In the event of failure of Contractor to make all necessary repairs promptly and fully,City may declare Contractor in default. 7.4.3.The Contractor shall unconditionally warrant and guarantee all labor,materials and equipment furnished and Work performed for a period of three (3)years from the date of Substantial Completion.If,within three (3)years after the date of substantial completion,any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor,after receipt of written notice from City,shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City.Should the manufacturer of any materials and equipment furnished provide for a longer warranty,then the Contractor shall transfer such warranty to the City prior to Final Completion.Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects.Contractor shall provide and assign to City all material and equipment warranties upon completion of the Work hereunder. Page 15 of 37 7.4.4.Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 8.DEFAULT,TERMINATION,AND SUSPENSION;REMEDIES 8.1.Termination for Cause,If Contractor fails to timely begin the Work,or fails to perform the Work with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the Work within the Contract Time or Final Completion Time as specified in Section 2,or shall perform the Work unsuitably,or cause it to be rejected as defective and unsuitable,or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt,or commit any act of bankruptcy or insolvency,or shall make an assignment for the benefit of creditors,or from any other cause whatsoever shall not cany on the Work in an acceptable manner,City may,upon seven (7)days after sending Contractor a written Notice of Termination,terminate the services of Contractor,exclude Contractor from the Project site,provide for alternate prosecution of the Work,appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable,and may finish the Work by whatever methods it may deem expedient.In such case Contractor shall not be entitled to receive any further payment until the Project is completed.All damages,costs and charges incurred by City, together with the costs of completing the Project,shall be deducted from any monies due or whichmaybecomeduetoContractor.In case fire damages and expenses so incurred by City shall exceed monies due Contractor from City,Contractor shall be liable and shall pay to City the amount of saidexcesspromptlyupondemandthereforebyCity.In the event it is adjudicated that City was not entitled to terminate the Contract as described hereunder for default,the Contract shall automatically be deemed terminated by City for convenience as described below. 8.2.Termination for Convenience.This Contract may be terminated by the City for convenience upon seven (7)calendar days’written notice to the Contractor.In the event of such a termination,the Contractor shall incur no further obligations in connection with the Project and shall,to the extent possible,terminate any outstanding subcontractor obligations.The Contractor shall be compensated for all services performed to the satisfaction of the City.In such event,the Contractor shall promptly submit to the City its Application for Payment for final payment which shall comply with the provisions of the Contract Documents. 8.3.Suspension of Contract This Contract may be suspended for convenience by the City upon seven (7)calendar days’written notice to the Contractor or immediately if suspended in connection with a local or state declaration of emergency.Suspension of the Work will entitle the Contractor to additional Contract Time as a non-compensable,excusable delay. 8.4.Termination Due to Lack of Funding.This Contract is subject to the conditions precedent that:(i)City funds are available,appropriated,and budgeted for the Work,the Project,and/or Contract Price;(ii)the City secures and obtains any necessary proceeds,grants,and/or loans for the accomplishment of the Work and/or the Project pursuant to any borrowing legislation adopted by the City Council relative to the Project;and (iii)City Council enacts legislation which awards and authorizes the execution of this Contract if such is required. 8.5.No Damages for Delay.No claim for damages or any claim,other than for an extension of time shall be made or asserted against City by reason of any delays.Contractor shall not be entitled Page 16 of 37 to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect,consequential,impact or other costs,expenses or damages,including but not limited to, costs of acceleration or inefficiency,arising because of delay,disruption,interference or hindrance from any cause whatsoever,whether such delay,disruption,interference or hindrance be reasonable or unreasonable,foreseeable or unforeseeable,or avoidable or unavoidable or whether or not caused by City.Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. 8.6.Waiver of Consequential Damases,Contractor assumes all risks for the following items,none of which shall be the subject of any Change Order or Claim and none of which shall be compensated for except as they may have been included in the Contractor’s Contract Price as provided in the Contract Documents:Loss of any anticipated profits,loss of bonding capacity or capability losses, loss of business opportunities,loss of productivity on this or any other project,loss of interest income on funds not paid,inefficiencies,costs to prepare a bid,cost to prepare a quote for a change in the Work,costs to prepare,negotiate or prosecute Claims,and loss of projects not bid upon,or any other indirect and consequential costs not listed herein.No compensation shall be made for loss of anticipated profits from any deleted Work. 8.7.Litigation of Claims,Mediation shall not be required before either party may proceed to litigation. 8.8.Rights and Remedies.The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder and in accordance with this Contract shall be in addition to and not a limitation of any duties,obligations,rights and remedies otherwise imposed or available by law. 9.CHANGES IN THE WORK 9.1.Change Orders, 9.1.1.Without invalidating the Contract Documents,and without notice to any Surety,the City reserves the right to make increases,decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete the Work in a manner satisfactory to the City.The City reserves the right to order changes,which may result in additions to or reductions from the amount,type or value of the Work shown in the Contract,and which are within the general scope of the Contract Documents,and all such changes will be authorized only by a change order (“CO”) approved in advance,and issued in accordance with provisions of the Contract Documents. 9.1.2.For Contractor initiated change orders,the Contractor is required to provide the Project Consultant with a detailed Request for Change Order (“RCO”)in a form approved by the City,which must include the requested revisions to the Contract,including,but not limited to, adjustments in the Contract Price and/or Contract Time.The Contractor must provide sufficient supporting documentation to demonstrate the reasonableness of the RCO.The City may require Contractor to provide additional data including,but not limited to,a cost breakdown of material costs,labor costs,labor rates by trade,work classifications,and overhead rates to support the RCO.If applicable,the RCO must include any schedule revisions accompanied by an explanation of the cost impact of the proposed change.Failure to include schedule revisions in an RCO will be deemed as the Contractor’s acknowledgement that the changes included in an RCO will not affect the project schedule. Page 17 of 37 \J^/ 9.1.3.Any modifications to the Contract Work,Contract Time,or Contract Price,must be effectuated through a written CO executed by both parties and,if required by the City Code of Ordinances,approved by the City Council. 9.1.4.In the event a satisfactory adjustment cannot be reached,and a CO has not been issued, given that time is of the essence,the City reserves the right,at its sole option,to direct the Contractor to proceed on a time and materials basis or make such arrangements as may be deemed necessary to complete the proposed additional Work at the unit prices provided in the Contract Documents.Where the City directs the Contractor to proceed on a time and materials basis,the City shall impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all labor and material costs including but not limited to payroll records and material receipts.Contractor must demonstrate its costs with sufficient evidence to be entitled to compensation from the City. 9.2.Continuing the Work.Contractor must continue to perform all Work under the Contract Documents during all disputes or disagreements with City,including disputes or disagreements concerning an RCO.Contractor shall not delay any Work pending resolution of any disputes or disagreements. 10.MISCELLANEOUS 10.1.No Assignment Neither party shall assign the Contract or any sub-contract in whole or in part without the written consent of the other,nor shall Contractor assign any monies due or to become due to it hereunder,without the previous written consent of the City Manager. 10.2.Contractor’s Responsibility for Damages and Accidents. 10.2.1.Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by City and shall promptly repair any damage done from any cause. 10.2.2.Contractor shall be responsible for all materials,equipment and supplies pertaining to the Project.In the event any such materials,equipment and supplies are lost,stolen,damaged or destroyed prior to final acceptance by City,Contractor shall replace same without cost to City. 10.3.Governing Law.This Contract shall be construed in accordance with and governed by the laws of the State of Florida.Venue for any litigation arising out of this Contract shall be proper exclusively in Miami-Dade County,Florida. 10.4.Waiver of Jury Trial,CITY AND CONTRACTOR KNOWINGLY,IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION,PROCEEDING,LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION,ARISING OUT OF,UNDER,OR IN CONNECTION WITH THE CONSTRUCTION OF THE WORK,OR ANY COURSE OF CONDUCT, COURSE OF DEALING,STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY. 10.5.Prevailing Party;Attorneys’Fees.In the event of any controversy,claim,dispute or litigation between the parties arising from or relating to this Contract (including,but not limited to,the enforcement of any indemnity provisions),the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs,expenses,paralegals’fees,experts’fees and Page 18 of 37 attorneys'fees including,but not limited to,court costs and other expenses through all trial and appellate levels.In addition,the prevailing party shall be entitled to recover from the non¬ prevailing party all litigation costs associated with discovery,processing,management,hosting, and production of electronically stored information (ESI). 10.6.Compliance with Laws.The Contractor shall comply with all applicable laws,ordinances, rules,regulations,and lawful orders of public authorities in carrying out Services under this Agreement,and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense.Any mandatory clauses which are required by applicable law shall be deemed to be incorporated herein. 10.7.Examination and Retention of Contractor’s Records. 10.7.1.The City or any of its duly authorized representatives shall,for five (5)years after final payment under this Contract,have access to and the right to examine any of the Contractor’s books,ledgers,documents,papers,or other records involving transactions related to this Contract for the purpose of making audit,examination,excerpts,and transcriptions.In addition,the Contractor agrees to comply specifically with tire provisions of Section 119.0701,Florida Statutes. 10.7.2.The Contractor agrees to include in any subcontractor contracts for this Project corresponding provisions for the benefit of City providing for retention and audit of records. 10.7.3.The right to access and examination of records stated herein and in any subcontracts shall survive termination or expiration of this Contract and continue until disposition of any mediation,claims,litigation or appeals related to this Project. 10.7.4.The City may cancel and terminate this Contract immediately for refusal by the Contractor to allow access by the City Manager or designees to any Records pertaining to work performed under this Contact that are subject to the provisions of Chapter 119,Florida Statutes. 10.8.Authorized Representative, 10.8.1.Before commencing the Work,Contractor shall designate a skilled and competent authorized supervisor and representative (“Authorized Representative”)acceptable to City to represent and act for Contractor and shall inform City,in writing,of die name and address of such representative together with a clear definition of the scope of his authority to represent and act for Contractor.Contractor shall keep City informed of any subsequent changes in the foregoing.Such representative shall be present or duly represented at the Project site at all times when Work is actually in progress.All notices,determinations, instructions and other communications given to the authorized representatives of Contractor shall be binding upon the Contractor. 10.8.2.The Authorized Representative,project managers,superintendents and supervisors for the Project are all subject to prior and continuous approval of the City.If,at any time during the term of this Contract,any of the personnel either functionally or nominally performing any of the positions named above,are,for any reasonable cause whatsoever, unacceptable to the City,Contractor shall replace the unacceptable personnel with personnel acceptable to the City. Page 19 of 37 \J^/ 10.9.Taxes.Contractor shall pay all taxes,levies,duties and assessments of every nature which may be applicable to any Work under this Contract.The Contract Price and any agreed variations thereof shall include all taxes imposed by law at the time of this Contract.Contractor shall make any and all payroll deductions required by law.Contractor herein indemnifies and holds the City harmless from any liability on account of any and all such taxes,levies,duties and assessments. 10.10.Utilities.Contractor shall,at its expense,arrange for,develop and maintain all utilities at the Project to perform the Work and meet the requirements of this Contract.Such utilities shall be furnished by Contractor at no additional cost to City.Prior to final acceptance of the Work, Contractor shall,at its expense,satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of this Contract. 10.11.Safety,Contractor shall be fully and solely responsible for safety and conducting all operations under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and damage to property and in full compliance with Occupational Safety and Health Act requirements and all other similar applicable safety laws or codes.Contractor shall continually and diligently inspect all Work,materials and equipment to discover any conditions which might involve such risks and shall be solely responsible for discovery and correction of any such conditions.Contractor shall have sole responsibility for implementing its safety program.City shall not be responsible for supervising the implementation of Contractor's safety program,and shall not have responsibility for the safety of Contractor's or its subcontractor's employees.Contractor shall maintain all portions of the Project site and Work in a neat,clean and sanitary condition at all times.Contractor shall assure that subcontractors performing Work comply with the foregoing safety requirements. 10.12.Cleaning Up,Contractor shall,at all times,at its expense,keep its Work areas in a neat, clean and safe condition.Upon completion of any portion of the Work,Contractor shall promptlyremoveallofitsequipment,construction materials,temporary structures and surplus materials not to be used at or near the same location during later stages of Work.Upon completion of the Work and before final payment is made,Contractor shall,at its expense,satisfactorily dispose of all rubbish,unused materials and other equipment and materials belonging to it or used in the performance of the Work and Contractor shall leave the Project in a neat,clean and safe condition.In the event of Contractor's failure to comply with the foregoing,the same may be accomplished by City at Contractor's expense. 10.13.Liens.Contractor shall not permit any mechanic’s,laborer’s or materialmen’s lien to be filed against the Project site or any part thereof by reason of any Work,labor,services or materials supplied or claimed to have been supplied to the Project.In the event such a lien is found or claimed against the Project,Contractor shall within ten (10)days after notice of the lien discharge the lien or liens and cause a satisfaction of such lien to be recorded in the public records of Miami-Dade County,Florida,or cause such lien to be transferred to a bond,or post a bond sufficient to cause the Clerk of the Circuit Court of Miami-Dade County,Florida,to discharge such lien pursuant to Chapter 713.24,F.S.In the event Contractor fails to so discharge or bond the lien or liens within such period as required above,City shall thereafter have the right,but not the obligation,to discharge or bond the lien or liens.Additionally,City shall thereafter have the right,but not the obligation,to retain out of any payment then due or to become due Contractor, one hundred fifty percent (150%)of the amount of the lien and to pay City ’s reasonable attorneys'fees and costs incurred in connection therewith. Page 20 of 37 10.14.State Required Affidavits.By entering into this Agreement,the Contractor agrees to review and comply with the following state affidavit requirements: 10.14.1.Public Entity Crimes Affidavit.Contractor shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute),notification of which is hereby incorporated herein by reference,including execution of any required affidavit. 10.14.2.Scrutinized Companies.Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel.Pursuant to section 287.135,Florida Statues,the City may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification;or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.If this Agreement is for more than one million dollars,the Contractor certifies that it is also not on the Scrutinized Companies with Activities in Sudan,Scrutinized Companies with Activities in the Iran Terrorism Sectors List,Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in Section 287.135,Florida Statutes.Pursuant to Section 287.135,Florida Statutes,the City may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification;or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List,Scrutinized Companies with Activities in the Iran Terrorism Sectors List,Scrutinized Companies with Activities in Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 10.14.3.E-Verify Affidavit.In accordance with Section 448.095,Florida Statutes,the City requires all contractors doing business with the City to register with and use the E- Verify system to verify the work authorization status of all newly hired employees.The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system.The contracting entity must provide of its proof of enrollment in E- Verify.For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify,please visit:https://www.e-verify.gov/faq/how-do-i- provide-nroof-of-mv-participationenrollment-in-e-verifv.By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095,Florida Statutes;will comply with the E-Verify requirements imposed by Section 448.095,Florida Statutes,including but not limited to obtaining E-Verify affidavits from subcontractors;and has executed the required affidavit attached hereto and incorporated herein. 10.14.4.Noncoercive Conduct Affidavit.Pursuant to Section 787.06,Florida Statutes,a nongovernmental entity executing,renewing,or extending a contract with a governmental entity is required to provide an affidavit,signed by an officer or a representative of the nongovernmental entity under penalty of petjury,attesting that the nongovernmental entity does not use coercion for labor or services as defined in Section 787.06(2)(a),Florida Statutes.By entering into this Agreement,the Contractor acknowledges that it has read Section 787.06,Florida Statutes,and will comply with the requirements therein,and has executed the required affidavit attached hereto and incorporated herein. Page 21 of 37 10.14.5.Prohibition on Contracting with Entities of Foreign Concern.Pursuant to Section 287.138,Florida Statutes (which is expressly incorporated herein by reference),a governmental entity may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if (a)the entity is owned by the government of a foreign country of concern;(b)the government of a foreign country of concern has a controlling interest in the entity;or (c)the entity is organized under the laws of or has its principal place of business in a foreign country of concern.By entering into this Agreement,the Contractor acknowledges that it has read Section 287.138,Florida Statutes,and complies with the requirements therein,and has executed the required affidavit attached hereto and incorporated herein. 10.15.Independent Contractor,The Contractor is an independent contractor under the Contract. This Contract does not create any partnership nor joint venture.Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor,and not as officers,employees,or agents of the City.Personnel policies,tax responsibilities,social security and health insurance,employee benefits,purchasing policies and other similar administrative procedures,applicable to services rendered under the Contract shall be those of the Contractor. 10.16.Notices/Authorized Representatives.Any notices required by this Contract shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery,by registered or certified mail with postage prepaid return receipt requested,or by a private postal service,addressed to the parties (or their successors)at the addresses listed on the signature page of this Contract or such other address as the party may have designated by proper notice. 10.17.Ownership and Access to Records and Audits. 10.17.1.Contractor acknowledges that all inventions,innovations,improvements, developments,methods,designs,analyses,drawings,reports,compiled information,and all similar or related information (whether patentable or not)which relate to Services to the City which are conceived,developed or made by Contractor during the term of this Contract (“Work Product”)belong to the City.Contractor shall promptly disclose such Work Product to the City and perform all actions reasonably requested by the City (whether during or after the term of this Contract)to establish and confirm such ownership (including,without limitation,assignments,powers of attorney and other instruments). 10.17.2.Contractor agrees to keep and maintain public records in Contractor’s possession or control in connection with Contractor’s performance under this Contract.The City Manager or her designee shall,during the term of this Contract and for a period of five (5) years from the date of termination of this Contract,have access to and the right to examine and audit any records of the Contractor involving transactions related to this Contract. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701,Florida Statutes.Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law,for the duration of the Contract,and following completion of the Contract until the records are transferred to the City. 10.173.Upon request from the City’s custodian of public records,Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied Page 22 of 37 within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes,or as otherwise provided by law. 10.17.4.Unless otherwise provided by law,any and all records,including but not limited to reports,surveys,and other data and documents provided or created in connection with this Contract are and shall remain the property of the City. 10.17.5.Upon completion of this Contract or in the event of termination by either party, any and all public records relating to the Contract in the possession of the Contractor shall be delivered by the Contractor to the City Manager,at no cost to the City,within seven (7) days.All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems.Once the public records have been delivered upon completion or termination of this Contract,the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 10.17.6.Any compensation due to Contractor shall be withheld until all records are received as provided herein. 10.17.7.Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Contract by the City. 10.17.8.Notice Pursuant to Section 119.0701(2)(a),Florida Statutes,IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION,CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records:Nkenga “Nikki”Payne,CMC,FCRM Mailing address:6130 Sunset Drive South Miami,FL 33143 305-663-6340 NPayne@southmiamifl.gov Telephone number: Email: 11.SPECIAL CONDITIONS The following provisions in this Section 10 supersede any other provisions contained in this Contract only to the extent of any conflict with same.These provisions are particular to a given transaction and are transaction specific: 11.1.Unsatisfactory Personnel. 11.1.1.Contractor must at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s)site(s)and must not employ on any Work any unfit person or anyone not skilled in the Work to which they are assigned. 11.1.2.The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor,or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the Page 23 of 37 ^7 requirements of the Contract Documents.The Contractor must respond to the City within five (5)calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur.The City will make the final determination as to the removal of unsatisfactory personnel from the Work.The Contractor agrees that the removal of any of such individuals)does not require the termination or demotion of said individual(s). 11.2.Hours of Work.Contractor shall conform to and obey all applicable laws,regulations,or ordinances with regard to labor employed,hours of Work and Contractor's general operations. Contractor shall conduct its operations so as not to interfere with or close any thoroughfare,without the written consent of the City or governing jurisdiction.Work is anticipated to be performed Monday through Friday in accordance with the requirements and limitations of applicable law including,without limitation,the City Code of Ordinances.The Contractor shall not perform Work beyond the time and days provided above without the prior written approval of the City. 11.3.Maintenance of Traffic.Whenever required by the scope of Work,by federal,state,or local law,or requested by file City to protect the public health,safety,and welfare,a Maintenance of Traffic (“MOT1)must be performed in accordance with the applicable FDOT Index Numbers (600 Series)and as further stated herein.The manual on Uniform Traffic Control Devises for Streets and Highways (U.S.Department of Transportation,FHWA),must be followed in the design, application,installation,maintenance and removal of all traffic control devices,warning devices and barriers necessary to protect the public and workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and protected at all times.Prior to commencement of the Work,Contractor must provide the City with a proposed MOT plan for review.The City may require revisions to the proposed MOT plan.The MOT plan must be updated by the Contractor every two weeks.Failure to provide an MOT plan may result in the issuance of a stop work order.The Contractor will not be entitled to additional Contract Time for delays resulting from its failure to provide the required MOT plan. 11.4.Royalties and Patents.All fees,royalties,and claims for any invention,or pretended inventions,or patent of any article,material,arrangement,appliance,or method that may be used upon or in any manner be connected with the Work or appurtenances,are hereby included in the prices stipulated in the Contract for said Work. 11.5.Substitutions,Substitution of any specified material or equipment requires the prior written acceptance of the Project Consultant It is the sole responsibility of the Contractor to provide sufficient information and documentation to the Project Consultant to allow for a thorough review and determination on the acceptability of the substitution.Approval of a substitution does not waive or mitigate the Contractor’s responsibility to meet the requirements of the Contract Documents.The City may require an adjustment in price based on any proposed substitution. 11.6.Severe Weather Preparedness.During such periods of time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event,including a hurricane watch or warning,the Contractor,at no cost to the City,must take all precautions necessary to secure any Work in response to all threatened storm events,regardless of whether the Contractor has been given notice of same,in accordance with the Miami-Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work.Suspension of the Work caused by a threatened or actual storm event,regardless of whether Page 24 of 37 the City has directed such suspension,will entitle the Contractor to additional Contract Time as non-compensable,excusable delay. 11.7.Grant Funding,The Contractor acknowledges that the Work may be fully or partially funded utilizing funds from the grants listed below (each a “Grant”).Accordingly,the Contractor warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work in accordance with the terms and conditions of the Grant.If the Work will be funded utilizing Grant funds,the City shall select this box; Grant Title Grant Agreement Exhibit If the Work will be funded utilizing Grant funds,the City shall select this box:D. 11.8.DBE Contract Assurance. 11.8.1.The City affirms it has encouraged women-owned,minority-owned,anddisadvantagedbusinessesoftheProjectandberesponsivetotheopportunityoftheaward of this Contract. 11.8.2.Contractor,or any subcontractor performing Work under this Contract,shall not discriminate on the basis of race,color,national origin,or sex in the performance of this Contract Contractor shall cany out all applicable requirements of 49 CFE Part 26 in the award and administration of this Contract.Failure by the Contractor to cany out these requirements is a material breach of this Contract,which may result in the termination of this Contract or such other remedy as the City deems appropriate. 11.9.Scrutinized Companies. 11.9.1.Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List.Pursuant to Section 287.135,F.S.,the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification;or if the Contractor,or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 11.9.2.If this Agreement is for more than one million dollars,the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in Section 287.135,F.S. Pursuant to Section 287.135,F.S.,the City may immediately terminate this Agreement at its sole option if the Contractor,its affiliates,or its subcontractors are found to have submitted a false certification;or if the Contractor,its affiliates,or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. Page 25 of 37 11.9.3.The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. 11.9.4.As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE AND STATE REQUIRED AFFIDAVITS FOLLOW.] Page 26 of 37 IN WITNESS WHEREOF,the parlies hereto have caused this Contract to be executed the day and year as first stated above. Approved as to form and legal sufficiency: City Attorney Addresses for Notice: Genaro “Chip"Iglesias City of South Miami Attn:City Manager 6130 Sunset Drive South Miami.Fl 33143 305-668-25 10 (telephone) 30 5-663-6 345 (fa cs i m i1c ) ch i p <rsou thm i am i il .gov (cmai I ) With a copy to: Weiss Scrota Hellman Cole &Bierman. P.L. Aim:Lillian Arango.Esq. C ity of South Miami Attorney 2800 Ponce de Leon Boulevard.Suite 1260 Coral Gables.FL 33134 1a ra n gotfzjwsh -1 aw.com (email) CONTRACTOR Name:yamil Castillo f jr|e:PRESIDENT Hntitv:sun eagle general contractors,corp Addresses for Notice; V/im i I L A S)। <(j—J.—•A —A M (£,t’A-fc Z/H -.I I I J.-'?<-/ /2 x-o r 1 o > IvftMlWi (f'l k g -7 Y /3 i '/(telephone) y'-imi Ig v,(email) With a copy to: VA mi I 1*Z>j i i It e /ycu zoq >1 il.|I 'III I ,I I -71 •'L i..t’i s S .(telephone)_1,7 i“u 1 1 -i-(email) Page 27 of 37 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES l.lfective July I.202-J.Section 787.06,Florida Statutes,a nongovernmental entity executing,renewing, or extending a contract with a governmental entity is required to provide an affidavit,signed by an officer or a representative of the nongovernmental entity under penalty of perjury,attesting that the nongovernmental entity does not use coercion for labor or services as defined in Section 787.06(2)(a). Florida Statutes. By signing below.1 hereby affirm under penalty of perjury that: I .I have read Section 787.06.Florida Statutes,and understand that this affidavit is provided in compliance with the requirement that,upon execution,renewal,or extension of a contract between a nongovernmental entity and a governmental entity,the nongovernmental entity must attest to the absence of coercion in labor or services. SUN EAGLE GENERAL CONTRACTORS CORP2.I am an officer or representative of .a nongovernmental entity. ,SUN EAGLE GENERAL CONTRACTORS CORP'>does not use coercion for labor or services as defined in the relevant section of the law. In the presence of:Under penalties of perjury .I declare that I have read the foregoing and the facts stated in it are true: Print Name:castillo Title:president !ritity Name:SUN EAGLE GENERAL CONTRACTORS CORP OATH or affirm \lion State of Florida County of Florida >\ Sworn to (or affigned)and subscribed before me by means of C phy sical presence or online notarization,this .day of ..20£.bv '1 i name of person)as t (tv pc oi authority )for (name of party on behalf of whom instrument Is executed). Notary Public (Print.Stamp,or Type as Commissioned) y Personally known to me:or .Produced identification i Type of Identificmion:)_Did take an oath;or ————Did not take an oath MATTHEW MORENOCASTILLO •(A M Commission #HH 163711 Expires January 31,2026 ’BondeUThniTrayfUnlnxiranooaoOMS-IOIS City of South Miami.FL Noncoercive Conduct for Labor or Services Affidavit E-VERIFY AFFIDAVIT In accordance with Section 448.095.Florida Statutes,the Cits requires all contractors doing business with the City to register with and use the E-Verily sy stem to verily the work authorization status of al!newly hired employees.The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify.For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verify.please visit: https://uww.e-verifv.uov faq/how-do-i-provide-proof-of-im-participationeiirollment-in-e-verifv By signing below,the contracting entity acknowledges that it has read Section 448.095.Florida Statutes and will comply w ith the E-Vcrify requirements imposed by it.including but not limited to obtaining E-Verify affidavits from subcontractors. 2 Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. In the presence of:Signed,sealed and delivered by;—-Nt l/f Witness#!Print Name:cxtXa.s-,P r i n t N a m e :yamil Castillo rule:PRESIDENT Witness #2 Print Name:I iN i S Entity Name:sun eagle general contractors CORP ACKNOWLEDGMENT State of Florida Counts of Florida .,>———— I he foregoing instrument was acknowledged before me oy means of physical presence or online notarization,this day of ..20 .by • (name of person)as (type of authority)for *,,)(name of party on behalf of whom instrument is executed). Notary Public (Print.Stamp,or Type as Commissioned) 9 Personally known to me:or Produced identi Heal ion (I'ync of Identification:..1 Did take an oath:or Did not take an oath MATTHEW MORENOCASTIILOA^4 CommiMlcn <,HH 1837,1 Expires January 31,2026 Bonded TVu 1»cy Far Inauranca M04J5-7O19 City of South Miami.Fl.E-Verify Affidavit AFFIDAVIT REGARDING PROHIBITION ON CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN Pursuant to Section 287.138.Florida Statutes (which is expressly incorporated herein by reference),a governmental entity may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if (a)the entity is owned by ethe government of a foreign country of concern:(b)the government of a foreign country of concern has a controlling interest in the entity .or tc)the entity is organized under the laws of or has its principal place of business in a foreign country of concern. This affidavit must be completed by an officer or representative of an entity submitting a bid.proposal,or reply to.or entering into,renew ing.or extending,a contract w ith a governmental entity which would grant the entity access to an individual's persona!identifying information. I .SUN EAGLE GENERAL CONTRACTORS CORP ("entity ')does not meet any of the criteria in paragraphs (2)(aHcj of Section 287.138.F.S. In the presence of:Under penalties of perjury,I declare that I have read the foregoing and the facts stated in it are true: . Witness #2 Print Mme:Us Witness #1 Prim Name:Print Name TAMIL CASTILLO Title:^fsident [•.mils Name:su*eagle general contractors CORP OATH OR AFFIRM X HON State of Florida County of , v ‘ Sworn to tor affirmed)and subscribed before me oy means of Cl physical presence or online notarization,this 1 day of ..20_.by >; (name of person)as .(type of authority)for , tname of party on behalf of whom instrument is executed). Notary Public (Print.Stamp,or Type as Commissioned) 1 Personally known to me:or Produced identification (Type of Identification: Did take an oath;or Did not lake an oath MATTHEW MORENO-CASTILLO CornmWonfHH 183711 •Expires January 31.2026 Bono^drinjli^FthlMtiranooFnO-M'??•• City of South Miami.FL Entities of Foreign Countries of Concern Affidavit NOTICE TO PROCEED Dated:a 20. To:' Project Name: You are hereby notified that the Contract Times under the above Contract will commence to run on ,2025.By that date,you are to start performing your obligations under the Contract Documents.In accordance with Article 2 of the Contract,the dates of Substantial Completion and completion and readiness for final payment are ,2025 and ,2025,/days respectively. Before you may start any Work at the site,Article 6 provides that you must deliver to the City (_ check here if applicable,with copies to and other identified additional insureds)Certificates of Insurance in accordance with the Contract Documents. In addition,before you may start any Work at the site,you must:(add any additional requirements) [INSERT NAME OF CONTRACTORI. By: Name: Title: Date: City of South Miami,FL Notice to Proceed Form EXHIBIT A SCOPE OF WORK SECTIONS. SCOPE OF WORK,SPECIFICATIONS,AND REQUIREMENTS 3.1 GENERAL REQUIREMENTS. The work specified in this Invitation to Bid (ITB)consists of furnishing all goods,materials,supplies,and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this ITB (the “Work”).The Work is to be performed per specifications and the contract documents.The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents)that are provided to the Contractor by the City as well as in accordance with those plans,drawings and specifications that are required to be produced by the Contractor and that are approved by the City.This includes but is not limited to keeping the project site clean and safe;the furnishing all labor of the Contractor and the labor of all allowable subcontractors;providing dumpster(s);disposing of materials;providing all necessary engineering and architectural plans,drawings and technical specifications;all permits;all necessaiy equipment,including rental equipment, machinery,tools,transportation and freight;coordination with any other City contractor,subcontractors and utility companies (i.e.power,gas,water);erecting construction safety measures,including fencing,privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day;root priming and sod restoration at affected areas to the City’s satisfaction; cleaning the construction site at the end of each working day;maintenance of traffic and hiring of off duty City police officer if required by the City;and any other goods and services necessary to perform all of the Work. Prior to any digging,Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities,including power lines, telephone lines,pipes,and cables on construction site. In all cases,it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits),provide signed and seal footing and foundation specifications for permitting,as well as all laboratory tests, engineering and architectural specifications,drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition,Contractor will be required to obtain,pay for and deliver to the City as-built plans for all of the Work.Permit fees are waived for permits required to be issued directly by the City of South Miami.Permit fees charged by other government entities,if required,are the responsibility of the Respondent/Contractor;however,in all cases;it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for City of South Miami,FL Exhibit A this project. Work activity is limited to the hours from 7:00 a.m.through 5:00 p.m.,from Monday through Saturday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances. 3.2 SPECIFIC REQUIREMENTS. The City of South Miami is soliciting proposals from highly qualified firms to perform professional resurfacing and repair of the swimming pool at the Murray Park Aquatic Center,located at 6701 SW 58 Place,South Miami, FL 33143. The scope of work includes restoring the pool’s surface to match existing conditions while meeting current operational and safety standards.The project aims to enhance durability,extend the lifespan of the new finish,and reduce long-term maintenance.The work does not include changes to the pool’s shape, depth,or configuration,nor structural modifications beyond necessary repairs to the existing concrete shell. 3.2.1 Key Scope Components: 3.2.1 .1 Site Preparation: Install privacy windscreens on existing 6-foot perimeter fences along public rights-of-way and adjacent park areas. 3.2.1 .2 Surface Removal &Preparation: Remove and dispose of existing plaster and surface materials in compliance with all regulations.Inspect the underlying concrete shell for damage and make necessary repairs to ensure a sound substrate. 3.2.1 .3 Coping Cleaning: Clean all coping using acid wash and pressure washing,then apply a matte sealant 3.2.1 .4 Drain &Pipe Cleaning: Clear all drain pipes to remove debris and ensure proper function. 3.2.1 .5 Surface Resurfacing: Install a new PebbleTec PebbleFINA finish in "Acquos"color, with a minimum thickness of 3/8 inch.The product must meet the following: City of South Miami,FL Exhibit A 3.2.1.5.1 Compressive strength:9,900 psi (28 days) 3.2.1.5.2 Tensile strength:>520 psi (28 days) 3.11.5.3 Must be applied by Authorized Applicators (certification required in proposal) 3.11.5.4 Application must be consistent in color, completed in one continuous day to prevent delamination 3.11.5.5 Installation must comply with Florida Department of Health and National Plasterers Council standards 3.11 .6 Tile Replacement: Replace all pool tiles (perimeter,depth markers,lane striping)and grout to match existing materials.If unavailable,submit samples of alternates for City approval. 3.2.1 .7 Waterproofing &Joint Sealing: Remove and replace all expansion joints and apply sealants to ensure waterproofing between the pool shell,coping,and surrounding deck. 3.2.1 .8 Lane Markings &Visual Elements: Reapply lane markers,depth indicators,and visual elements to match existing and comply with competitive and recreational swim standards. 3.2.1 .9 Deck &Surrounding Area Restoration: Restore all disturbed areas,including fencing,landscaping, irrigation,drainage,and concrete surfaces,to original or better condition at no additional cost to the City. 3.2.2 The selected firm will be responsible for providing all labor,materials, equipment,and incidentals necessary to complete the work in accordance with the contract documents,including drawings and specifications.All work must comply with applicable federal,state,and local regulations,including ADA requirements. The Contractor’s lump sum proposal shall include all materials,equipment,labor,and incidentals necessary to complete the project in its entirety.This includes,but is not limited to,the following responsibilities: 3.2.2.1 Maintaining a clean and safe job site at all times. City of South Miami,FL Exhibit A 3.2.2.2 Providing all required labor (including subcontractors, where permitted),tools,equipment,and transportation. 3.2.2.3 Supplying and maintaining dumpsters and ensuring proper disposal and recycling of all waste in accordance with applicable regulations. 3.2.2.4 Preparing and submitting all necessary engineering and architectural drawings,plans,and technical specifications. 3.2.2.5 Obtaining all required permits and licenses,including coordinating with Sunshine 811 for utility locates. 3.2.2.6 Installing appropriate construction safety measures such as fencing,privacy screens,and traffic cones. 3.2.2.7 Restoring any disturbed sod,landscaping,and grading to original condition or better. 3.2.2.8 Performing daily site cleanup and ensuring all safety precautions remain in place after work hours. 3.2.2.9 Coordinating with other City contractors,subcontractors,and utility providers (e.g.,power,gas,water). 3.2.2.1 0 Managing traffic control as needed,including the use of off- duty City police officers when required. 3.2.2.1 1 Providing as-built drawings and all documentation required for project closeout. 3.2.2.1 2 Installing straw or hay bale barriers around yard drains to prevent sediment from entering existing catch basins. 3.3 POOL SPECIFICATIONS The pool measures approximately 95 feet in length by 65 feet in width,with depths ranging from 3 feet at the shallow end to 6 feet at the deep end.It has a perimeter of approximately 292 linear feet and a total surface area of about 3,600 square feet.Respondents are strongly encouraged to visit the site prior to submitting a bid in order to verify all pool dimensions,existing conditions, equipment,and any other factors that may influence the scope of work and pricing. City of South Miami,FL Exhibit A 3.4 SITE LOCATION. The Project will be held at Murray Park Aquatic Center,located at 6701 SW 58 Place,South Miami,FL 33143 3.5 NON-MANDATORY SITE VISITS Non-mandatory Site Visits have been scheduled at Murray Park Aquatic Center.These are site visits only and NOT pre-bid conferences.City staff conducting the site visits will not respond to questions.Respondents attending the site visits and have questions should submit them in writing to Steven Kulick,Chief Procurement Officer via email at skulick@southmiamifl.gov by 10:00 AM,June 26,2025. Non-Mandatory Site Visits Schedule: 1 Thursday,June 12 1 2:00 PM -3:00 PM 2 Wednesday,June 18 1 10:00 AM -11:00 AM 3.6 PROJECT DURATION. After permit(s)have been secured/approved,the Bidder is responsible for completing this project within sixty (60)calendar days,from issuance of Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager. 3.7 WARRANTY. Bidder must include a warranty and/or guarantees of all material and labor that includes: 3.7.1 any conditions;and 3.7.2 guaranteed response time for repair;and 3.7.3 guaranteed replacement during the material warranty period with a one (1)year labor warranty;and 3.7.4 life expectancy under normal use;and 3.7.5 Failures during the warranty period must be repaired or replaced to the ; satisfaction of the City;and | ti City of South Miami,FL Exhibit A 3.7.6 the term of the warranty. At a minimum,Bidder/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (1)year and if General Conditions are made part of the contract documents for this project,at a minimum,Bidder/Contractor must warrant their Work in accordance with the warranty requirements found in the General Conditions to the Contract. If equipment is provided,the standard manufacturer’s warranty information must be provided in writing for all equipment being proposed and,if required by the warranty,such equipment must be installed by an authorized installer before final payment is made.If the manufacturer’s warranty is issued to the Bidder/contractor,Bidder/Contractor must assign it to the City. 3.8 DOCUMENTATION. A prerequisite to final payment is the execution and delivery to the City of all documents required by any governmental agency,including the City.Such documentation includes documentation for the conveyance of any property or facilities that are the subject of this Project. City of South Miami,FL Exhibit A EVerify Company ID Number 1842306 S'VCMFY tS A SERVKI Of OHCANDCM Information Required for the E-Verify Program Information relating to your Company: Company Name sun eagle general contractors,corp* Company Facility Address 12300 sw 130th st miaml,FL 33186 Company Alternate Address County or Parish MIAMI-DADE Employer Identification Number 262433001 North American Industry Classification Systems Code 236 Parent Company none Number of Employees 1 to4 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOD for Employers |Revision Date 06/01/13 EVerify Company ID Number:1842306 f.VtRtnESASUVttttfDBSMDtM Approved by: Employer sun eagle general contractors,corp. Name (Please Type or Print) yarn!!castillo Title Signature Electronically Signed Date 06/06/2022 Department of Homeland Security -Verification Division Name (Please Type or Print) USCIS Verification Division Title Signature Electronically Signed Date 06/06/2022 Page 13 of 17 E-Verify MOU for Employers |Revision Date 06/01/13 E Verify Company ID Number:1842306 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name iulian c castillo Phone Number 7862696653 Fax Email iullan@suneaaleac.com Name vamil castillo Phone Number 3057413847 Fax 3055135722 Email vamil@suneaaleac.com Page 16 of 17 E-Verify MOU for Employers |Revision Date 06/01/13 EVerify Company ID Number 1842306 Are you verifying for more than 1site?If yes,please provide the number of sites verified for in each State: FL Page 15 of 17 E-Verify MOU for Employers |Revision Date 06/01/13 City of South Miami, FL Exhibit A EXHIBIT A SCOPE OF WORK SECTION 3. SCOPE OF WORK, SPECIFICATIONS, AND REQUIREMENTS 3.1 GENERAL REQUIREMENTS. The work specified in this Invitation to Bid (ITB) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this ITB (the “Work”). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. This includes but is not limited to keeping the project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City’s satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, as well as all laboratory tests, engineering and architectural specifications, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees charged by other government entities, if required, are the responsibility of the Respondent/Contractor; however, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for 39 City of South Miami, FL Exhibit A this project. Work activity is limited to the hours from 7:00 a.m. through 5:00 p.m., from Monday through Saturday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances. 3.2 SPECIFIC REQUIREMENTS. The City of South Miami is soliciting proposals from highly qualified firms to perform professional resurfacing and repair of the swimming pool at the Murray Park Aquatic Center, located at 6701 SW 58 Place, South Miami, FL 33143. The scope of work includes restoring the pool’s surface to match existing conditions while meeting current operational and safety standards. The project aims to enhance durability, extend the lifespan of the new finish, and reduce long-term maintenance. The work does not include changes to the pool’s shape, depth, or configuration, nor structural modifications beyond necessary repairs to the existing concrete shell. 3.2.1 Key Scope Components: 3.2.1.1 Site Preparation: Install privacy windscreens on existing 6-foot perimeter fences along public rights-of-way and adjacent park areas. 3.2.1.2 Surface Removal & Preparation: Remove and dispose of existing plaster and surface materials in compliance with all regulations. Inspect the underlying concrete shell for damage and make necessary repairs to ensure a sound substrate. 3.2.1.3 Coping Cleaning: Clean all coping using acid wash and pressure washing, then apply a matte sealant. 3.2.1.4 Drain & Pipe Cleaning: Clear all drain pipes to remove debris and ensure proper function. 3.2.1.5 Surface Resurfacing: Install a new PebbleTec PebbleFINA finish in "Acquos" color, with a minimum thickness of 3/8 inch. The product must meet the following: 40 City of South Miami, FL Exhibit A 3.2.1.5.1 Compressive strength: ≥ 9,900 psi (28 days) 3.2.1.5.2 Tensile strength: ≥ 520 psi (28 days) 3.2.1.5.3 Must be applied by Authorized Applicators (certification required in proposal) 3.2.1.5.4 Application must be consistent in color, completed in one continuous day to prevent delamination 3.2.1.5.5 Installation must comply with Florida Department of Health and National Plasterers Council standards 3.2.1.6 Tile Replacement: Replace all pool tiles (perimeter, depth markers, lane striping) and grout to match existing materials. If unavailable, submit samples of alternates for City approval. 3.2.1.7 Waterproofing & Joint Sealing: Remove and replace all expansion joints and apply sealants to ensure waterproofing between the pool shell, coping, and surrounding deck. 3.2.1.8 Lane Markings & Visual Elements: Reapply lane markers, depth indicators, and visual elements to match existing and comply with competitive and recreational swim standards. 3.2.1.9 Deck & Surrounding Area Restoration: Restore all disturbed areas, including fencing, landscaping, irrigation, drainage, and concrete surfaces, to original or better condition at no additional cost to the City. 3.2.2 The selected firm will be responsible for providing all labor, materials, equipment, and incidentals necessary to complete the work in accordance with the contract documents, including drawings and specifications. All work must comply with applicable federal, state, and local regulations, including ADA requirements. The Contractor’s lump sum proposal shall include all materials, equipment, labor, and incidentals necessary to complete the project in its entirety. This includes, but is not limited to, the following responsibilities: 3.2.2.1 Maintaining a clean and safe job site at all times. 41 City of South Miami, FL Exhibit A 3.2.2.2 Providing all required labor (including subcontractors, where permitted), tools, equipment, and transportation. 3.2.2.3 Supplying and maintaining dumpsters and ensuring proper disposal and recycling of all waste in accordance with applicable regulations. 3.2.2.4 Preparing and submitting all necessary engineering and architectural drawings, plans, and technical specifications. 3.2.2.5 Obtaining all required permits and licenses, including coordinating with Sunshine 811 for utility locates. 3.2.2.6 Installing appropriate construction safety measures such as fencing, privacy screens, and traffic cones. 3.2.2.7 Restoring any disturbed sod, landscaping, and grading to original condition or better. 3.2.2.8 Performing daily site cleanup and ensuring all safety precautions remain in place after work hours. 3.2.2.9 Coordinating with other City contractors, subcontractors, and utility providers (e.g., power, gas, water). 3.2.2.10 Managing traffic control as needed, including the use of off- duty City police officers when required. 3.2.2.11 Providing as-built drawings and all documentation required for project closeout. 3.2.2.12 Installing straw or hay bale barriers around yard drains to prevent sediment from entering existing catch basins. 3.3 POOL SPECIFICATIONS The pool measures approximately 95 feet in length by 65 feet in width, with depths ranging from 3 feet at the shallow end to 6 feet at the deep end. It has a perimeter of approximately 292 linear feet and a total surface area of about 3,600 square feet. Respondents are strongly encouraged to visit the site prior to submitting a bid in order to verify all pool dimensions, existing conditions, equipment, and any other factors that may influence the scope of work and pricing. 42 City of South Miami, FL Exhibit A 3.4 SITE LOCATION. The Project will be held at Murray Park Aquatic Center, located at 6701 SW 58 Place, South Miami, FL 33143 3.5 NON-MANDATORY SITE VISITS Non-mandatory Site Visits have been scheduled at Murray Park Aquatic Center. These are site visits only and NOT pre-bid conferences. City staff conducting the site visits will not respond to questions. Respondents attending the site visits and have questions should submit them in writing to Steven Kulick, Chief Procurement Officer via email at skulick@southmiamifl.gov by 10:00 AM, June 26, 2025. Non-Mandatory Site Visits Schedule: 1 Thursday, June 12 | 2:00 PM – 3:00 PM 2 Wednesday, June 18 | 10:00 AM – 11:00 AM 3.6 PROJECT DURATION. After permit(s) have been secured/approved, the Bidder is responsible for completing this project within sixty (60) calendar days. from issuance of Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager. 3.7 WARRANTY. Bidder must include a warranty and/or guarantees of all material and labor that includes: 3.7.1 any conditions; and 3.7.2 guaranteed response time for repair; and 3.7.3 guaranteed replacement during the material warranty period with a one (1) year labor warranty; and 3.7.4 life expectancy under normal use; and 3.7.5 Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and 43 City of South Miami, FL Exhibit A 3.7.6 the term of the warranty. At a minimum, Bidder/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (1) year and if General Conditions are made part of the contract documents for this project, at a minimum, Bidder/Contractor must warrant their Work in accordance with the warranty requirements found in the General Conditions to the Contract. If equipment is provided, the standard manufacturer’s warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installe r before final payment is made. If the manufacturer’s warranty is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City. 3.8 DOCUMENTATION. A prerequisite to final payment is the execution and delivery to the City of all documents required by any governmental agency, including the City. Such documentation includes documentation for the conveyance of any property or facilities that are the subject of this Project. 44 CITY OF SOUTH MIAMI INVITATION TO BID (ITB) No. PR2025-06 MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS City of South Miami Commission Mayor Javier Fernández Vice Mayor Brian Corey Commissioner Lisa Bonich Commissioner Steve Calle Commissioner Danny Rodriguez City of South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 ISSUE DATE: June 5, 2025 BID OPENING DATE: July 8, 2025 BID OPENING TIME: 10:30 A.M. 1 of 77 45 South’Miami THE CITY OF PLEASANT LIVING PUBLIC NOTICE INVITATION TO BID (ITB) No. PR2025-06 MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS Project. Interested companies, firms, and individuals Bidders”) may obtain a copy of Invitation to Bid No. PR2025-06 (the “ITB”) to be issued on June 5, 2025, at the City of South Miami 6130 Sunset Drive, South Miami, FL 33143, on the City’s website at www.southmiamifl.gov, or via DemandStar at https://network.demandstar.com/. The ITB contains detailed information about the scope of work, submission requirements, and selection procedures. All notices and any addenda issued by the City with respect to the ITB will be made available on the City’s website. It is the Bidder’s sole responsibility to ensure receipt of any issued notice or addenda relating to this ITB once posted to the website. The bid submission shall be submitted electronically via DemandStar and marked “Bid to City of South Miami, ITB No. PR2025-06 for the “MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS.” Bids must be received by the City by no later than July 8, 2025 at 10:00 a.m. EST. E-BID OPENING VIA VIDEO CONFERENCING: The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ Bids will be publicly opened through video conferencing using the Zoom platform. At 10:30 AM, local time. Members of the public are invited to view the bid opening meeting through Zoom at https://zoom.us/j/3056636338 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636338. Any bid submission received after this time and date will be rejected and returned unopened. Bidders are responsible for ensuring that their bid is received in the City by the deadline. A pre-response conference will NOT be held for this project. The City hereby provides notice to all Bidders of the imposition of a Cone of Silence for this solicitation, as set forth in Section 8A-7 of the City Code. “Cone of Silence," as used herein, means a prohibition on communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or request/invitation for bid b etween a potential vendor, service provider, proposer or bidder, or agent, representative, lobbyist or consultant for the potential bidder; and (i) members of the City commission; (ii) the City's professional staff; or (iii) any member of the City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or City Attorney with any qu estions on the Cone of Silence. Date Issued: June 5, 2025 2 of 77 46 South 'Miami THE CITY OF PLEASANT LIVING TABLE OF CONTENTS Section Page Section 1: Information for Bidders 4 Section 2: Terms and Conditions 11 Section 3. Scope of Work 17 Section 4: Bid Submission Requirements and Evaluation & Forms and Attachments 22 Section 4: Bid Form – Form 7 39 3 of 77 47 —— SECTION 1. INFORMATION FOR BIDDERS 1.1. INTRODUCTION/GENERAL BACKGROUND. The City of South Miami, Florida (the “City”) is soliciting bids for the MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS (the “Project”). The City hereby requests bids for the selection of one firm (“Contractor” or “Bidder”) to provide the work for the Project as set forth in greater detail in Section 3 of this Invitation to Bid (“ITB”). The Contractor awarded a contract pursuant to this ITB shall provide the services, design, labor, materials, equipment, and all incidentals necessary, as further defined in Section 3 of this ITB (the “Work” or the “Services”) for the Project. The City intends to award a contract to the lowest, most responsive and responsible Bidder whose bid meets the requirements and criteria set forth in this ITB for the Work described in this ITB. 1.2. SCHEDULE OF EVENTS. The following schedule is anticipated for this ITB process, but is subject to change by the City, in its sole discretion, at any time during the ITB procurement process. Event Date* Time* (EST) 1 Advertisement/ Distribution of ITB June 5, 2025 1:00 PM 2A Non-Mandatory Site Visit: MURRAY PARK AQUATIC CENTER 6701 SW 58 Place, South Miami, FL 33143 June 12, 2025 2:00 PM 2B Non-Mandatory Site Visit: MURRAY PARK AQUATIC CENTER 6701 SW 58 Place, South Miami, FL 33143 June 18, 2025 10:00 AM 3 Deadline to Submit Questions / Requests for Clarification June 26, 2025 10:00 AM 4 City Issues Addenda and Responds to Questions July 2, 2025 10:00 AM 5 Deadline to Submit Sealed Bids – Submission Deadline July 8, 2025 10:00 AM 6 E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at Zoom at https://zoom.us/j/3056636338 or by listening to the bid opening meeting on a dedicated phone line by dialing +1- 786-635-1003 Meeting ID: 3056636338. July 8, 2025 10:30: AM 4 of 77 48 7 City Manager issues recommendation to City Commission July 29, 2025 7:00 PM 8 Award Bid(s) and Agreement(s) at City Commission Meeting July 29, 2025 7:00 PM 1.3. BID DUE DATE. Sealed Bids must submitted electronically through the DemandStar Electronic Bid System at https://network.demandstar.com/. All sealed bids must be received by 10:00 a.m. E.S.T. on July 8, 2025 (the “Submission Deadline”). Sealed bids will be publicly opened through video conferencing using the Zoom platform. Members of the public are invited to view the bid opening meeting through Zoom at https://zoom.us/j/3056636338 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636338. 1.4. PRE-BID CONFERENCE AND SITE(S) VISIT. A pre-bid conference will NOT be scheduled for this project. Prior to submitting a Bid, each Bidder should visit the site and become familiar with the conditions that may, in any manner, affect the Work to be performed by the awarded contractor or the equipment, materials and labor required. The Bidder is also required to examine carefully the Scope of Work set forth in Section 3 of this ITB and be thoroughly informed regarding any requirements or conditions that may in any manner affect the Work to be performed under the Agreement. No allowances will be made because of lack of knowledge of any conditions or requirements. 1.5. ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING BID PROCESS. The City will not respond to oral inquiries or questions concerning this ITB. All written inquiries, requests for interpretation or clarification shall be sent to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Drive City of South Miami, FL 33143 E-Mail: SKulick@southmiamifl.gov Facsimile: (305)669-2636 Any written inquiry or request for interpretation or clarification must be sent by e-mail or written correspondence and received by the City no later than June 26, 2025 at 10:00 a.m. All such interpretations or clarifications will be made in writing in the form of an Addendum to this ITB issued by the City to all known and/or registered prospective Bidders. Each prospective Bidder shall acknowledge receipt of such Addenda by including it in the Bid Form. All Addenda shall be a part of this ITB and a part of the Agreement and each Bidder will be bound by such Addenda, whether or not received. It is the responsibility of each prospective Bidder to verify that it has received all Addenda issued before Bid are submitted and opened. 5 of 77 49 1.6. SUBMISSION OF BID. Sealed Bids must submitted electronically through the DemandStar Electronic Bid System at https://network.demandstar.com/ by the Submission Deadline and must be marked as “Bid to City of South Miami, ITB No. PR2025-06 and addressed to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Dri City of South Miami, FL 33143 E-Mail: SKulick@southmiamifl.gov THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO THE CITY ON OR BEFORE THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR DURING THE SUBMISSION OF BIDS. ANY BID RECEIVED AFTER THE SUBMISSION DEADLINE STATED IN THIS ITB WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. FACSIMILE AND EMAILED BID SHALL NOT BE CONSIDERED. The Bid must be signed by an authorized officer of the Bidder who is legally authorized to bind the Bidder and enter into a contractual relationship in the name of the Bidder. The submittal of a Bid by a Bidder will be considered by the City as constituting an offer by the Bidder to perform the required Work, upon the terms and at the prices stated by the Bidder. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ Bids will be publicly opened through video conferencing using the Zoom platform at 10:30 AM, local time. Members of the public are invited to view the bid opening meeting through Zoom at https://zoom.us/j/3056636338 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636338. Bids shall be typed or printed in ink. All blanks on the Bid form(s) must be completed. Names must be typed or printed below the signature. Bids submitted by hand-delivery, facsimile and/or email will not be accepted. Only one (1) Bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. If the City determines that any Bidder has interest in more than one (1) Bid for Work contemplated; all Bid in which such a Bidder is interested will be rejected. Bidder by submitting this Bid certifies that this Bid is made without previous understanding, contract, or connection with any person, firm or corporation making a Bid for the same material, supplies, equipment or services and is in all respects, fair and without collusion of fraud. 1.7. BID REQUIREMENTS & FORMAT. Each Bidder must present its products, services, and applicable features in a clear and concise manner that demonstrates the Bidder’s capabilities to satisfy the requirements of this ITB. The emphasis should be on accuracy, clarity, comprehensiveness and ease of identifying pertinent information and suitability of the Work. Bids MUST include the following: 1.7.1. Bid Form Package. Bidder shall provide complete and accurate copies, with all required signatures and notarizations, for all the forms in the Bid Package: Form 1. Bid Form Package Acknowledgement. 6 of 77 50 Form 2A. Bidder’s Certification (if Company or Corporation) Form 2B. Bidder’s Certification (if Partnership) Form 3. Single Execution Affidavits Form 4. Dispute Disclosure Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Form 6. Bidder’s Qualifications Survey Form 7. Bid Form Form 8. Reference List 1.7.2. Proof of Experience. Provide documentation evidencing the experience of the Bidder and demonstrating that the Bidder has successfully provided Work similar to those specified herein to other firms and/or agencies of similar size and needs as the City. The Bidder firm shall be currently engaged in Work on a full time basis and shall have been in existence and continuous operation providing the Work for a minimum of five (5) years. 1.7.3. Safety Record. Bidder shall provide documentation evidencing the safety and compliance record of the Bidder in performing similar Work, including information as to any safety or any noncompliance violations, assessments or citations issued by applicable governmental agencies in the past five (5) years. 1.7.4. Bidder's Qualifications. Include name, function, and qualifications of key personnel, including key subcontractors, in the organization who will be providing Work. The key person or contact assigned to the Work shall within the past three (3) years have conducted and been responsible for providing Work in a similar project or environment. Please note, to receive further consideration, all Bidders must provide the necessary documentation to demonstrate that they meet the following minimum qualifications: 1.7.4.1. Service and Incorporation. Contractor shall have been in business and continuous operation and service and incorporated in the State of Florida for a minimum of five (5) years. 1.7.4.2. Licenses. Contractor must be fully licensed with any and all applicable and required licenses, certifications and permits for Work, including government licenses, certifications, and permits from the State of Florida, Miami-Dade County, the City, and any other governing governmental regulatory authorities. 1.7.5. Insurance Certificates. Bidder shall provide certificates of insurance demonstrating compliance with the requirements set forth under Section 2 of this solicitation, including: 1.7.5.1. Commercial General Liability 1.7.5.2. Workers Compensation & Employer’s Liability 1.7.5.3. Business Automobile Liability THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 1.7.6. Evidence of Bonding Capacity. The Bidder must submit documentation from a reputable financial institution, surety company, or other authorized entity confirming the Bidder’s total and single project bonding capacity to ensure that the Bidder has the ability to provide the Payment and Performance Bond required by this ITB. 1.7.7. Bidder may provide any additional information that highlights experience or expertise, which is relevant and directly applicable to this ITB. 7 of 77 51 1.8. EVALUATION CRITERIA/AWARD OF CONTRACT. Award shall be made to the lowest responsible and responsive Bidder whose qualifications indicate the Award will be in the best interest of the City and whose Bid complies with the requirements of this ITB. In no case will the Award be made until all necessary investigations have been made into the responsibility of the Bidder and the City Manager is satisfied that the Bidder is qualified to do the Work and have the necessary organization, capital and equipment to carry out the Work in the specified timeframes. The responsible bidder shall be a person who has the capability in all respects to fully perform the contract requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities, equipment, financial resources and credit which will give a reasonable expectation of good faith performance, and a person who has submitted a bid which conforms in all material respects to the ITB (the “Responsible Bidder”). In evaluating responsibility, the City may also consider previous contracts with the City, past performance and experience with other contracts, compatibility of the project team with City personnel, and any other criteria deemed relevant by the City. The City Manager or designee may reject those bids that do not meet the minimum requirements of the ITB. If the City accepts a bid, the City will provide a written notice of award to the lowest responsible and responsive Bidder who meets the requirements of this ITB. If the successful bidder to whom the contract is awarded forfeits the award by failing to meet the conditions of this ITB, the City may, at the City’s sole option, award the contract to the next lowest, most responsive, and responsible bidder or reject all bids or re-advertise the Work. Neither this ITB, nor the notice of award of the Agreement(s) constitutes an agreement or contract with the Successful Bidder(s). An agreement or contract is not binding until a written agreement or contract, in substantially the form attached hereto as Attachment “A,” has been executed by the City and the Successful Bidder(s) and approved as to form, content, and legal sufficiency by the City Manager and City Attorney. 1.9. CITY’S RIGHTS; WAIVER OF IRREGULARITIES. The City reserves the right to reject any or all bids which is in any way incomplete or irregular, re-bid the entire solicitation, or enter into contracts with more than one Contractor. The City reserves the right to accept or reject any and/or all Bid or parts of Bid, to workshop or negotiate any and all Bid, to select and award Bidder(s) for all or any of the Work, waive irregularities in Bid, to cancel or discontinue this ITB process, and to request new Bid on the required Work or services. The City Commission shall make the final determination and award of Bid(s). All materials submitted in response to this Invitation to Bid become the property of the City and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any Bid or responses to the ITB, whether amended or not, and selection or rejection of Bid does not affect this right. 1.10. CODE OF ETHICS PROVISIONS. 1.10.1. Cone of Silence. The provisions of City’s Cone of Silence are applicable to this ITB. The City’s Cone of Silence provisions can be found under Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence may be sent to: Nkenga “Nikki” Payne, CMC, FCRM 8 of 77 52 City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov The Cone of Silence as used herein means a prohibition of any communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or invitation/request for bid, between a potential vendor, service provider, proposer or bidder (hereinafter referred to as the "potential bidder"), or agent, representative, lobbyist or consultant for the potential bidder; (hereinafter referred to as the "bidder's representative"); and (i) Members of the City Commission; or (ii) City's professional staff; or (iii) Any member of the City's selection, evaluation or negotiation committee. The provisions of the Cone of Silence shall not apply to: (i) Communications at a duly noticed pre-bid conferences or at any duly noticed public selection or negotiation committee meeting or duly noticed public City commission meeting at which the City Manager has placed the subject of the solicitation on the agenda; (ii) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in F.S. § 286.0113; (iii) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the selection or negotiation committee meetings; (iv) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City clerk by the potential bidder or bidder's representative. The City clerk shall make copies available to any person upon request; (v) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's purchasing agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (vi) Communications with the City attorney and his or her staff; (vii) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (viii) Any emergency procurement of goods or services pursuant to City code; (ix) Responses to a request made by the City's purchasing agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (x) Communications prior to bid opening between City's professional staff and potential bidders and/or bidder's representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential bidders and/or bidder's representatives and any member of the City's professional staff 9 of 77 53 including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. 1.10.2. Lobbying Prohibited. All potential Bidders and their agents who intend to submit, or who submitted, a bid or response to this solicitation, are prohibited from lobbying, individually or collectively, any City Commissioner, candidate for City Commissioner, or any employee of the City in connection with this solicitation. The term "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Procurement Division, which is for the purpose of obtaining additional or clarifying information or as otherwise provided for in the City’s Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5(c)(9), of the City Code of Ordinances and completing Attachment B to this ITB. Any person who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. All Bidders are strongly encouraged to review Section 8A-5 of the City Code of Ordinances for further information. To register as a lobbyist, please contact the City Clerk at: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov END OF SECTION 1 10 of 77 54 SECTION 2. TERMS AND CONDITIONS 2.1. PURPOSE OF BID. The City requests Bids from qualified firms for the MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS Project (the “Project”). The Work to be performed includes, but is not limited to, services related to perform professional resurfacing and repair of the swimming pool at the Murray Park Aquatic Center and, as further detailed in the Scope of Services provided in Section 3 herein (the “Work” or “Services”). The frequency, nature, scope and definition of the Work desired or required by the City may change from time to time, at the City’s discretion. The City intends to secure a source of supply(s) for the Work from a qualified contractor(s) that conform to the requirements of this ITB and is most advantageous to the City and in its best interest. The City reserves the right to award the Bid(s) considered to best serve the City’s interests. 2.2. DELIVERY. All equipment, materials, and goods in connection with the Work shall be delivered F.O.B. destination (i.e., at a specific City address), and delivery costs and charges (if any) will be included in the Bid pricing. Exceptions should be noted. 2.3. EQUIPMENT. Any equipment or products used by Contractor to provide Work pursuant to this ITB shall remain the property of the Contractor. In the event equipment or products used by the Contractor are found to be defective, of unsatisfactory quality, or do not conform to the requirements of this ITB or the Specifications, the City reserves the right to reject the equipment or product(s), at the Contractor’s expense. 2.4. PRICING. The Bid form attached to this ITB under Section 4 and to be included with each Bid shall specify the Bidder’s pricing and/or fees for the equipment and Work requested herein. Bidder should include any and all applicable taxes in Bid prices. If the Bidder is awarded an Agreement pursuant to this ITB, the prices and fees quoted in the Bid shall remain fixed and firm during the term of the Agreement. 2.5. BID COSTS. Bidders submitting Bid do so entirely at their own cost and expense. There is no expressed or implied obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing or submitting Bid, providing additional information when requested by the City, or for participating in any selection interviews. 2.6. LICENSES AND PERMITS. Bidder shall secure any and all necessary and required licenses, certifications and permits to conduct the Work, including, but not limited to, all Federal, State, County and City licenses and permits. All Bidders must provide the necessary documentation to demonstrate that they meet all applicable licensing and permitting requirements. By submitting a Bid in response to this ITB, Bidder represents and warrants to the City that it holds all licenses, certifications and permits (“Licenses”) required by applicable law and by any other governmental authority or agency to perform the Work. Bidder represents and warrants to the City that the Licenses 11 of 77 55 shall be in full force and effect on the date of performance of the Work and further represents that it holds and will hold all Licenses throughout the term of the Agreement. Bidder shall provide the City with copies of all Licenses and any additional permits that may be required for performance of the Work with its Bid and during the term of the Agreement. Where the Contractor is required to enter onto City property, public rights-of-way or other property to deliver equipment or to perform the Work as a result of a Bid award, the Contractor will assume the full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and insurance required. The Contractor shall be liable for any damages or loss to the City property, or other property or persons, occasioned by the acts or omissions, or the negligence of the Bidder (or their agent) or any person the Bidder has designated in the performance of the Work, as a result of the Bid. 2.7. INSURANCE. 2.7.1. If selected, the Contractor shall secure and maintain throughout the duration of the awarded contract insurance of such types and in such amounts not less than those specified below as satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. Copies of Contractor’s actual Insurance Policies as required herein and Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured. Each Policy and certificate shall include no less than (30) thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. All coverage forms must be primary and non-contributory and the Contractor shall provide a waiver of subrogation for the benefit of the City. The Contractor shall be responsible for assuring that the insurance policies and certificates required by this Section remain in full force and effect for the duration of the Work. 2.7.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 2.7.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Work pursuant to this ITB who is not covered by Worker’s Compensation insurance. 2.7.1.3. Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 2.7.2. The Contractor agrees to indemnify, defend and hold harmless the City from and against any and all claims, suits, judgments, losses, damages, executions and/or liabilities as to bodily injuries and/or property damage which arise or grow out of the Agreement or Contractor’s performance of the Work required by this ITB. 12 of 77 56 2.7.3. The Contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of Contractor's timely payment of each insurance policy premium as required by the Agreement. 2.7.4. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 2.8. BONDS. The selected Contractor must, prior to performing any portion of the Work and within three (3) days of the Effective Date of the Construction Contract, deliver to the City the Bonds required to be provided by Bidder hereunder and the Construction Contract(collectively, the “Bonds”). The City, in its sole and exclusive discretion, may also require other bonds or security, in order to guaranty that the awarded contract with the City will be fully and appropriately performed and completed. The surety providing such Bonds must be licensed, authorized, and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds shall be included in the contract price. If notice of any change affecting the scope of services/work, the contract price, contract time, or any of the provisions of the Construction Contract is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be t he selected Contractor’s sole responsibility, and the amount of each applicable bond shall be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations, the selected Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to the City. 2.8.1. Performance Bond. If this provision is selected, the selected Contractor must deliver to the City a performance bond in an amount equal to 100 percent of the price specified in the contract. The performance bond shall provide that the bonding company will complete the project if the selected Contractor defaults on the contract with the City by failing to perform the contract in the time and manner provided for in the contract. 2.8.2. Payment Bond. If this provision is selected, the selected Contractor must deliver to the City a payment bond in an amount equal to 100 percent of the price specified in the contract. The payment bond shall provide that the bonding company or surety will promptly pay all persons who supply labor, materials, or supplies used directly or indirectly in the performance of the work provided for in the contract between the selected Contractor and the City if the selected Contractor fails to make any required payments only. 2.8.3. Waiver of Bonds. If this provision is selected, the City Manager has waived or limited the requirements contained herein for payment or performance bonds upon such circumstances as are deemed in the best interest of the City. If the requirement for a payment bond is waived, the City shall select this box: ☐. If the requirement for a performance bond is waived, the City shall select this box: ☐. 2.9. BID GUARANTY/BID BOND. Each bid must be accompanied by a Bid Bond or Cashier’s Check, in the amount of five percent (5%) of the bid, in the form provided in Form 10. Bid Guaranty shall be made by certified or cashier's check or by a bid bond made payable to the City and provided by a surety company authorized to do business as a surety in the state. All Bid Bonds shall be valid for a period of at least 90 days from the bid submission date. The Bid Bonds for all unsuccessful bids shall be returned after the 90-day period. The purpose of the bid bond is to ensure that bids are honored and that they remain valid for the required period. Accordingly, bid bonds are subject to forfeiture any time Bidders refuse to honor their bids for at least 90 days after bid opening. The Bid Guaranty of the successful bidder will be retained until such bidder has executed a contract and furnished any payment and performance bonds, along with all insurance policies, licenses, or other documentation that may be required by the City. If the successful bidder fails to furnish the required payment and performance bonds, fails to execute and deliver the contract, or fails to deliver the required insurance policies, licenses, or other documentation to the office of the purchasing agent within the time specified in the instructions to bidders, the City may annul the notice of award and the entire sum of the Bid 13 of 77 57 Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be returned after the Contract is awarded and executed. If the requirement for a Bid Guaranty/Bid Bond is waived, the City shall select this box: ☒. 2.10. COMPLIANCE WITH LAW AND OTHER REQUIREMENTS. Contractor shall conduct its operations in compliance with all applicable federal, State, County and City laws and regulations in providing the Work required by this ITB. 2.11. ASSIGNMENT. The Contractor shall not transfer or assign the performance of the Work required by this ITB and the Agreement without the City’s prior written consent. Any award issued pursuant to this ITB and monies which may be payable by the City, are not assignable except with the City’s prior written approval. 2.12. ATTORNEY’S FEES. If the City incurs any expense in enforcing the terms of the Agreement, whether suit be brought or not, Contractor agrees to pay all such costs and expenses including, but not limited to, court costs, interest and reasonable attorney’s fees. 2.13. CONTRACTOR’S RELATION TO THE CITY. It is expressly agreed and understood that the Contractor is in all respects an independent contractor as to all Work hereunder, and that the Contractor is in no respect an agent, servant or employee of the City. This ITB specifies the Work to be performed by the Contractor, but the method to be employed to accomplish the Work shall be the responsibility of the Contractor, unless otherwise provided in the Agreement or by the City. 2.14. DISCRIMINATORY PRACTICES. The Contractor shall not discriminate or deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, sexual orientation, religion or national origin. The Contractor will strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida or the Federal Government. 2.15. CANCELLATION. Failure on the part of the Contractor to comply with the conditions, specifications, requirements and terms as determined by the City, shall be just cause for cancellation of the award, with the Contractor holding the City harmless. 2.16. INDEMNIFICATION. The Contractor shall indemnify, save harmless and defend the City, its officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of any act, error, omission, negligent act, conduct or misconduct of the Contractor, its agents, servants or employees, in the performance of the Work pursuant to this ITB and/or from any procurement decision of the City including without limitation, awarding the Agreement to a Contractor. 2.17. MULTIPLE /OTHER VENDORS. 14 of 77 58 The City reserves the right to select and award multiple Bidders to provide some or all of the Work. If the selected contractors are unavailable, the City reserves the right to seek and obtain other sources. 2.18. PUBLIC ENTITY CRIME/DISQUALIFICATION. Pursuant to Section 287.133(3)(a), Florida Statute, all Bidders are advised as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.” 2.19. NO CONTINGENCY FEE. Bidder shall warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure the Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Bidder, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making the Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement, without liability, at its discretion. 2.20. PUBLIC RECORDS; CONFIDENTIALITY. Bidders are hereby notified that all information submitted as part of or in support of Bid submitted pursuant to this ITB are public records subject to public disclosure in accordance with Chapter 119, Florida Statutes. If there is any apparent conflict between Florida’s Public Records Law and this ITB, Florida Law will govern and prevail. All Bids submitted in response to this ITB shall become the property of the City. Unless the information submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to utilize any or all information, ideas, conceptions, or portions of any Bid in its best interest. Acceptance or rejection of any Bid shall not nullify the City’s rights hereunder. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM Mailing address: 6130 Sunset Drive South Miami, FL 33143 Telephone number: 305-663-6340 Email: NPayne@southmiamifl.gov 2.21. GRANT FUNDING. By submitting a response to this solicitation, Bidders acknowledge that the Work or Services may be fully or partially funded utilizing funds from the grants listed below (the “Grant”). Accordingly, by submitting a 15 of 77 59 response to this competitive solicitation, the Bidder warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work or Services in accordance with the terms and conditions of the Grant(s). Grant Title Grant Agreement Attachment No. If the Work or the Services will be funded utilizing Grant funds, the City shall select this box:. END OF SECTION 2 16 of 77 60 SECTION 3. SCOPE OF WORK, SPECIFICATIONS, AND REQUIREMENTS 3.1 GENERAL REQUIREMENTS. The work specified in this Invitation to Bid (ITB) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this ITB (the “Work”). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. This includes but is not limited to keeping the project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City’s satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, as well as all laboratory tests, engineering and architectural specifications, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees charged by other government entities, if required, are the responsibility of the Respondent/Contractor; however, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for this project. Work activity is limited to the hours from 7:00 a.m. through 5:00 p.m., from Monday through Saturday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances. 3.2 SPECIFIC REQUIREMENTS. The City of South Miami is soliciting proposals from highly qualified firms to perform professional resurfacing and repair of the swimming pool at the Murray Park Aquatic Center, located at 6701 SW 58 Place, South Miami, FL 33143. The scope of work includes restoring the pool’s surface to match existing conditions while meeting current operational and safety standards. The project aims to enhance durability, extend the lifespan of the new finish, and reduce long-term maintenance. The work does not include changes to the pool’s shape, depth, or configuration, nor structural modifications beyond necessary repairs to the existing concrete shell. 17 of 77 61 3.2.1 Key Scope Components: 3.2.1.1 Site Preparation: Install privacy windscreens on existing 6-foot perimeter fences along public rights-of-way and adjacent park areas. 3.2.1.2 Surface Removal & Preparation: Remove and dispose of existing plaster and surface materials in compliance with all regulations. Inspect the underlying concrete shell for damage and make necessary repairs to ensure a sound substrate. 3.2.1.3 Coping Cleaning: Clean all coping using acid wash and pressure washing, then apply a matte sealant. 3.2.1.4 Drain & Pipe Cleaning: Clear all drain pipes to remove debris and ensure proper function. 3.2.1.5 Surface Resurfacing: Install a new PebbleTec PebbleFINA finish in "Acquos" color, with a minimum thickness of 3/8 inch. The product must meet the following: 3.2.1.5.1 Compressive strength: ≥ 9,900 psi (28 days) 3.2.1.5.2 Tensile strength: ≥ 520 psi (28 days) 3.2.1.5.3 Must be applied by Authorized Applicators (certification required in proposal) 3.2.1.5.4 Application must be consistent in color, completed in one continuous day to prevent delamination 3.2.1.5.4 Installation must comply with Florida Department of Health and National Plasterers Council standards 3.2.1.6 Tile Replacement: Replace all pool tiles (perimeter, depth markers, lane striping) and grout to match existing materials. If unavailable, submit samples of alternates for City approval. 3.2.1.7 Waterproofing & Joint Sealing: Remove and replace all expansion joints and apply sealants to ensure waterproofing between the pool shell, coping, and surrounding deck. 3.2.1.8 Lane Markings & Visual Elements: Reapply lane markers, depth indicators, and visual elements to match existing and comply with competitive and recreational swim standards. 3.2.1.9 Deck & Surrounding Area Restoration: Restore all disturbed areas, including fencing, landscaping, irrigation, drainage, and concrete surfaces, to original or better condition at no additional cost to the City. 18 of 77 62 3.2.2 The selected firm will be responsible for providing all labor, materials, equipment, and incidentals necessary to complete the work in accordance with the contract documents, including drawings and specifications. All work must comply with applicable federal, state, and local regulations, including ADA requirements. The Contractor’s lump sum proposal shall include all materials, equipment, labor, and incidentals necessary to complete the project in its entirety. This includes, but is not limited to, the following responsibilities: 3.2.2.1 Maintaining a clean and safe job site at all times. 3.2.2.2 Providing all required labor (including subcontractors, where permitted), tools, equipment, and transportation. 3.2.2.3 Supplying and maintaining dumpsters and ensuring proper disposal and recycling of all waste in accordance with applicable regulations. 3.2.2.4 Preparing and submitting all necessary engineering and architectural drawings, plans, and technical specifications. 3.2.2.5 Obtaining all required permits and licenses, including coordinating with Sunshine 811 for utility locates. 3.2.2.6 Installing appropriate construction safety measures such as fencing, privacy screens, and traffic cones. 3.2.2.7 Restoring any disturbed sod, landscaping, and grading to original condition or better. 3.2.2.8 Performing daily site cleanup and ensuring all safety precautions remain in place after work hours. 3.2.2.9 Coordinating with other City contractors, subcontractors, and utility providers (e.g., power, gas, water). 3.2.2.10 Managing traffic control as needed, including the use of off-duty City police officers when required. 3.2.2.11 Providing as-built drawings and all documentation required for project closeout. 3.2.2.12 Installing straw or hay bale barriers around yard drains to prevent sediment from entering existing catch basins. 3.3 POOL SPECIFICATIONS The pool measures approximately 95 feet in length by 65 feet in width, with depths ranging from 3 feet at the shallow end to 6 feet at the deep end. It has a perimeter of approximately 292 linear feet and a total surface area of about 3,600 square feet. Respondents are strongly encouraged to visit the site prior to submitting a bid in order to verify all pool dimensions, existing conditions, equipment, and any other factors that may influence the scope of work and pricing. 19 of 77 63 3.4 SITE LOCATION. The Project will be held at Murray Park Aquatic Center, located at 6701 SW 58 Place, South Miami, FL 33143 3.5 NON-MANDATORY SITE VISITS Non-mandatory Site Visits have been scheduled at Murray Park Aquatic Center. These are site visits only and NOT pre-bid conferences. City staff conducting the site visits will not respond to questions. Respondents attending the site visits and have questions should submit them in writing to Steven Kulick, Chief Procurement Officer via email at skulick@southmiamifl.gov by 10:00 AM, June 26, 2025. Non-Mandatory Site Visits Schedule: 1 Thursday, June 12 | 2:00 PM – 3:00 PM 2 Wednesday, June 18 | 10:00 AM – 11:00 AM 3.6 PROJECT DURATION. After permit(s) have been secured/approved, the Bidder is responsible for completing this project within sixty (60) calendar days. from issuance of Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager. 3.7 WARRANTY. Bidder must include a warranty and/or guarantees of all material and labor that includes: 3.7.1 any conditions; and 3.7.2 guaranteed response time for repair; and 3.7.3 guaranteed replacement during the material warranty period with a one (1) year labor warranty; and 3.7.4 life expectancy under normal use; and 3.7.5 Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and 3.7.6 the term of the warranty. 20 of 77 64 At a minimum, Bidder/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (1) year and if General Conditions are made part of the contract documents for this project, at a minimum, Bidder/Contractor must warrant their Work in accordance with the warranty requirements found in the General Conditions to the Contract. If equipment is provided, the standard manufacturer’s warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer’s warranty is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City. 3.8 DOCUMENTATION. A prerequisite to final payment is the execution and delivery to the City of all documents required by any governmental agency, including the City. Such documentation includes documentation for the conveyance of any property or facilities that are the subject of this Project. PERFORMANCE AND PAYMENT BONDS ARE REQUIRED FOR THIS PROJECT. A BID BOND IS NOT REQUIRED FOR THIS PROJECT END OF SECTION 3 21 of 77 65 SECTION 4. BID FORM PACKAGE As provided in the ITB, the following items must be attached to this Bid: FORMS STATUS Form 1 – Bid Form Package Acknowledgement √ Form 2A. Bidder’s Certification (if Company or Corporation) √ Form 2B. Bidder’s Certification (if Partnership) √ Form 3. Single Execution Affidavits √ Form 4. Dispute Disclosure √ Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions √ Form 6. Bidder’s Qualifications Survey √ Form 7. Bid Form/Schedule of Values √ Form 8. Reference List √ ATTACHMENTS This competitive solicitation incorporates the following attachments, which should be reviewed thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation. The City is attaching the following Attachments: Attachment A. Sample Contract Attachment B: Declaration /Affidavit of Representation Attachment C: Form Payment and Performance Bonds 22 of 77 66 FORM 1 BID FORM PACKAGE ACKNOWLEDGEMENTS I hereby propose to furnish the goods and services specified in the Invitation to Bid, ITB No. PR2025- 06. I agree that my Bid will remain firm for a period of 180 days after opened by the City in order to allow the City adequate time to evaluate the Bid. I certify that all information contained in this Bid is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this Bid on behalf of the Firm named as the Proposing Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement. I further certify, under oath, that this Bid is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a Bid; no officer, employee or agent of the City of South Miami or any other Bidder has an interest in said Bid. Furthermore, I certify that the undersigned executed this Bid Form with full knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Bidder acknowledges receipt of all Addenda issued by the City in connection with the ITB (Check the box next to each addendum received). ______ Addendum 1 Addendum 6 ______ Addendum 2 Addendum 7 ______ Addendum 3 Addendum 8 ______ Addendum 4 Addendum 9 _______ Addendum 5 Addendum 10 Attached hereto are the following forms/documents which form a part of this Bid: Form 1. Bid Form Package Acknowledgement. Form 2A. Bidder’s Certification (if Company or Corporation) Form 2B. Bidder’s Certification (if Partnership) Form 3. Single Execution Affidavits Form 4. Dispute Disclosure Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Form 6. Bidder’s Qualifications Survey Form 7 . Bid Form Form 8. Reference List 23 of 77 67 FORM 1 BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) ___________________________________________ NAME OF BIDDER FIRM ____________________________________________ SIGNATURE OF BIDDER ____________________________________________ NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS ____________________________________________ ____________________________________________ (____) ______________________________________ TELEPHONE NUMBER State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 24 of 77 68 FORM 2A BIDDER’S CERTIFICATION (if Company or Corporation) CERTIFICATE STATE OF _____________ ) ) SS COUNTY OF ___________ ) I HEREBY CERTIFY that a meeting of the Board of Directors of ___________________________________________________________________ a corporation or company existing under the laws of the State of _________________________, held on ______________________, 2025, the following resolution was duly passed and adopted: RESOLVED, that, as _____________of the Corporation/Company, be and is hereby authorized to execute the Bid dated, __________, 2025 to the City of South Miami for ITB No. PR2025- 06 MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS and that this execution thereof, attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation/company on this the _____________ of ___________, 2025. _______________________ Secretary (SEAL) 25 of 77 69 FORM 2B BIDDER’S CERTIFICATION (if Partnership) CERTIFICATE STATE OF ____________ ) ) SS COUNTY OF __________ ) I HEREBY CERTIFY that a meeting of the Partners of ____________________ _____________________________________________________________________, a partnership existing under the laws of the State of _________________________, held on ____________________, 2025, the following resolution was duly passed and adopted: “RESOLVED, that _____________________________________________, as_____________________________________________________________of the Partnership, be and is hereby authorized to execute the Bid dated ______________, 2023, to the City of South Miami for ITB No. PR2025-06 MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS Project from this partnership and that his execution of thereof, attested by the shall be the official act and deed of this Partnership.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _____, day of ________, 2025. _______________________ Secretary (SEAL) 26 of 77 70 FORM 3 SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE: By: For (Name of Proposing or Bidding Entity): Whose business address is: And (if applicable) its Federal Employer Identification Number (FEIN) is: (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#: ) Americans with Disabilities Act Compliance Affidavit The above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. • The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513, Florida Statutes: • The Rehabilitation Act of 1973, 229 USC Section 794; • The Federal Transit Act, as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631. Bidder Initials 27 of 77 71 Public Entity Crimes Affidavit I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that 28 of 77 72 it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I understand that the submission of this form to the contracting officer for the public entity identified in paragraph 1 above is for that public entity only and that this form is valid through December 31 of the calendar year in which it is filed. I also understand that I am required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes for category two of any change in the information contained in this form. Bidder Initials No Conflict of Interest or Contingent Fee Affidavit Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Bidder also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be selected for the performance of this contract. Bidder Initials Business Entity Affidavit Bidder hereby recognizes and certifies that no elected official, board member, or employee of the City of South Miami (the " City”) shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City board members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Bidder. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder recognizes that with respect to this transaction or bid, if any Bidder violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for goods or services to City. Bidder Initials Anti-Collusion Affidavit 1. Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances respecting the Bid/Bid; 29 of 77 73 2. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid; and 3. Neither the Bidder/Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder/Bidder, firm, or person to submit a collusive or sham Bid/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder/Bidder, firm, or person to fix the price or prices in the attached Bid/Bid or of any other Bidder/Bidder, or to fix any overhead, profit, or cost element of the Bid/Bid price or the Bid/Bid price of any other Bidder/Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract. __________ Bidder Initials Scrutinized Company Certification 1. Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this ITB at its sole option if the Bidder or its subcontractors are found to have submitted a false certification; or if the Bidder, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this ITB is for more than one million dollars, the Bidder certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this ITB at its sole option if the Bidder, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Bidder, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 3. The Bidder agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this ITB. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. Bidder Initials Drug-Free Workplace Affidavit Bidder hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with drug-free workplace programs when two bids/Bid are equal with respect to price, quality, and service. Bidder understands that in order to qualify as a drug-free workplace, Bidder must: a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b) Inform employees about the dangers of drug abuse in the workplace, the Bidder’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 30 of 77 74 assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 1) Give each employee engaged in providing commodities or contractual services under the ITB a copy of the statement specified in subsection (1). 2) Notify employees that, as a condition of working on the commodities or contractual services under the ITB, the employee must abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 4) Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the requirements set forth under F.S. § 287.087. The entity submitting this sworn statement is not a drug-free workplace. Bidder Initials City Non-Discrimination Requirements Affidavit Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will not enter into or award a contract to an entity engaged in a boycott. Bidder understands that “Boycott” as defined under Section 3-1.1 of the Code of the City of South Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race, color, national origin, religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a discriminatory manner. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or required by federal law or state law. Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1.1 of the Code of the City of South Miami. Bidder Initials Acknowledgment, Warranty, and Acceptance 1. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations. 31 of 77 75 2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of ITB No. 2023-06 and any addendum/addenda related thereto. 3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City Commission or City Manager, as applicable. 4. Contractor warrants that all information provided by it in connection with this Bid is true and accurate. Bidder Initials [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 32 of 77 76 In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 33 of 77 77 FORM 4 DISPUTE DISCLOSURE Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES __________ NO __________ 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES __________ NO __________ 3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid or Bid for the City of South Miami. ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 34 of 77 78 FORM 5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small Business Administration. (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this Statement of Qualifications. Entity Name: _________________________________________________________ Date: _________________________ By: Signature of Authorized Representative Name and Title of Authorized Representative 35 of 77 79 FORM 6 BIDDER’S QUALIFICATIONS SURVEY COMPANY QUALIFICATIONS QUESTIONNAIRE Please complete this Company Qualifications Questionnaire. By completing this form and submitting a response to the ITB, you certify that any and all information contained in the bid is true, that your response to the ITB is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a response to the ITB for the same materials, supplies, equipment, or services, is in all respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the ITB, and certify that you are authorized to sign for the Bidder’s firm. Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested information. In no event should the total page count of all attachments to this Form exceed five (5) pages. Some information may not be applicable; in such instances, please insert “N/A”. Firm Name Principal Business Address Telephone Number Facsimile Number Email Address Federal I.D. No. or Social Security Number Municipal Business Tax/Occupational License No. FIRM HISTORY AND INFORMATION How many years has the firm has been in business under its current name and ownership? Please identify the Firm’s document number with the Florida Division of Corporations and date the Firm registered/filed to conduct business in the State of Florida: Document Number Date Filed Please identify the Firm’s category with the Florida Department of Business Professional Regulation (DBPR), DBPR license number, and date licensed by DBPR: Category License No. Date Licensed Please indicate the type of entity form of the Firm (if other, please describe): □ Individual □ Partnership □ Corporation □ LLC □ LLP □ Other Please identify the Firm’s primary business: 36 of 77 80 Please identify the number of continuous years your Firm has performed its primary business: Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the name of the entity that issued the license or certification: License/Certification Type Name of Entity Issuing License or Certification License No. License Issuance Date Please identify the name, license number, and issuance date of any prior companies that pertain to your Firm: License/Certification Type Name of Entity Issuing License or Certification License No. License Issuance Date Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their signing authority: Authorized Signor’s Name Title Signing Authority Threshold (All, Cost up to $X-Amount, No Cost, Other) Please identify the total number of Firm employees, managerial/administrative employees, and identify the total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.): Total No. of Employees Total No. of Managerial/Administrative Employees Total No. of Trades Employees by Trade INSURANCE INFORMATION Please provide the following information about the Firm’s insurance company: Insurance Carrier Name Insurance Carrier Contact Person Insurance Carrier Address Telephone No. Email Has the Firm filed any insurance claims in the last five (5) years? □ No □ Yes If yes, please identify the type of claim and the amount paid out under the claim: FIRM OWNERSHIP Please identify all Firm owners or partners, their title, and percent of ownership: Owner/Partner Name Title Ownership (%) 37 of 77 81 Please identify whether any of the owners/partners identified above are owners/partners in another entity: □ No □ Yes If yes, please identify the name of the owner/partner, the other entity’s name, and percent of ownership held by the stated owner/partner: Owner/Partner Name Other Entity Name Ownership (%) RECENT CONTRACTS Please identify the five (5) most recent contracts in which your Firm has provided services to other public entities: Public Entity Contact Person Telephone No. Email Address Date Awarded By signing below, Bidder certifies that the information contained herein is complete and accurate to the best of Bidder’s knowledge. Firm: Authorized Signature: Date: Print or Type Name: Title: 38 of 77 82 FORM 7 BID FORM/SCHEDULE OF VALUES Bid prices stated in this Form shall include all costs and expenses for labor, equipment, materials, contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project will be based upon completion of the entire project as a Lump Sum contract. ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE MAT. & LABOR TOTAL AMOUNT 1 Mobilization 1 LS $ $ 2 General Conditions 1 LS $ $ 3 Performance & Payment Bonds 1 LS 4 Perimeter Privacy Windscreen on Existing Fences 450 LF $ $ Demolition and Preparation 5 Materials removal and Surface Preparation 1 LS $ $ 6 Coping cleaning, pressure washing and sealant 292 LF $ $ 7 Drain Pipe Cleaning 1 LS $ $ Renovation 8 Surface resurfacing with PebbleTec PebbleFINA, Color Acquos 4,510 SF $ $ 9 6"x6" dark blue tile (incl. grout) - Furnish and Install 263 SF $ $ 10 2"x2" light blue shelf tile (incl. grout) - Furnish and Install 267 SF $ $ 11 Lane markings (2"x2" dark blue tiles) 74 SF $ $ 12 Depth Marking Tiles 1 LS $ $ 13 Waterproofing and joint sealing 1 LS $ $ 39 of 77 83 14 Expansion Joints Replacements 1 LS $ 15 Deck and surrounding area restoration 1 LS $ $ 16 Contractor's Total Sum $ Unit Cost Improvements Beyond the Included Scope of Work 17 4-inch thick, 3000 PSI Concrete Slab, Natural Color Per SF $ 18 Concrete Sidewalk & Deck Pressure Washing Per SY $ Note: All sections of the Bid Form and Schedule of Values must be completed in their entirety, including the line item for Performance and Payment Bonds. The quantities provided are for reference only; it is the contractor’s responsibility to independently verify all quantities and take-offs based on the provided plans and specifications. The total bid amount must comprehensively cover all improvements shown, specified, or described in the construction documents and project scope—without exception, omission, or assumption of exclusion. All unit and estimated prices submitted will be considered firm and binding. The total sum costs shall remain valid for a period of no less than six (6) months from the bid submission deadline and will apply to any authorized modifications or expansions of the project scope. SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title 40 of 77 84 FORM 8 REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS. REFERENCE #1 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 41 of 77 85 Page 2 of 77 REFERENCE #2 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 42 of 77 86 Page 3 of 77 REFERENCE #3 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 43 of 77 87 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within Bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his/her signature, and his/her signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. (Affix Corporate Seal) Corporate Secretary In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Firm: State of Florida County of Before me, a Notary Public, duly commissioned, qualified and acting, appeared by means of  physical presence or  online notarization who being by me first duly sworn upon oath, says that s/he is the Attorney-in-Fact, for the and that s/he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of South Miami, Florida Sworn and subscribed to before me this day of , 20 . Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath (Attach Power of Attorney) END OF SECTION 4 44 of 77 88 ATTACHMENT A SAMPLE OF CONTRACT NOTE: THE CONTRACTOR SHOULD BE PREPARED TO EXECUTE THIS SAMPLE AGREEMENT IN SUBSTANTIALLY THE FORM PROVIDED HEREIN UPON NOTICE OF AWARD AND SELECTION. THE TERMS OF THE AGREEMENT MAY ONLY BE NEGOTIATED AT THE CITY MANAGER OR DESIGNEE’S SOLE AND ABSOLUTE DISCRETION. CONTRACT FOR CONSTRUCTION THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made this day of , 2025 (the “Effective Date”) by and between the CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal corporation, (the “City”), and [INSERT CONTRACTOR’S NAME], a [INSERT TYPE OF ENTITY] (the “Contractor”). WHEREAS, the City issued Invitation to Bid No. PR2025-06 (the “ITB”) for construction of (MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS (the “Project”), which ITB is incorporated herein by reference and made a part hereof as Exhibit “A”; and WHEREAS, in response to the City’s ITB, the Contractor submitted a bid for the Project (“Bid”), which Bid is incorporated herein by reference and made a part hereof as Exhibit “B”; and WHEREAS, Contractor submitted the lowest, responsive and responsible bid in the amount of [$__________________] in response to the ITB and was selected and awarded this Contract pursuant to Resolution No.____________________ for performance of the Work (as hereinafter defined); and WHEREAS, Contractor has represented to the City that it possesses the necessary qualifications, experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the terms and conditions set forth in this Contract. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Contractor and the City agree as follows: 1. SCOPE OF WORK 1.1. Scope of Work. Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the work described in the Contract Documents (the “Work” or the “Project”) including, without limitation as described in the approved plans, drawings and/or specifications prepared by N/A (the “Project Consultant”) attached hereto as Exhibit “A” (the “Plans”) and any other documents incorporated herein by reference and made a part of this Contract for the following Project: MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS 1.2. Pre-Construction Conference. Within fourteen (14) calendar days after this Contract is executed by both parties, and before any Work has commenced, a pre-construction conference will be held between the City, the Contractor, and the Project Consultant. The Contractor must submit its project schedule and schedule of values, if applicable, prior to this conference. 45 of 77 89 1.3. Project Schedule. Contractor must submit a proposed Project Schedule as follows: 1.3.1. Schedule must identify the schedule for each location comprising the Project. The proposed Project schedule must be submitted within ten (10) calendar days from the date this Contract is executed by both parties for the review and approval of the Project Consultant or City as applicable. This initial schedule shall establish the baseline schedule for the Project. 1.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a minimum submitted with each pay application. An updated schedule tracked against the baseline must also be submitted upon execution of each Change Order that impacts the Contract Time. Failure to submit such schedules will result in the rejection of any submitted payment application. 1.3.3. All Project Schedules must be prepared in Microsoft Project or approved equal by the City. At the time of submission of schedules, Contractor must submit a hard copy as well as an electronic version. Electronic versions must not be submitted in a .pdf format. 1.4. Records. 1.4.1. As-Built Drawings. During the Work, Contractor must maintain records of all deviations from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing that the As-Built Record Drawings are correct and accurate, including the actual location of all infrastructure, internal piping, and electrical/signal conduits in or below the concrete floor (indicating the size, depth, and voltage in each conduit). To record actual construction, Contractor must legibly mark on-site structures and site Work as follows: 1.4.1.1. Depths of various elements of foundation in relation to finish first floor datum. 1.4.1.2. All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. Actual installed pipe material, class, etc. 1.4.1.3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. 1.4.1.4. Field changes in dimensions and details. 1.4.1.5. Changes made by Project Consultant’s written instructions or by Change Order. 1.4.1.6. Details not on original Contract Drawings. 1.4.1.7. Equipment, conduit, electrical panel locations. 1.4.1.8. Project Consultant’s schedule changes according to Contractor’s records and shop drawings. 1.4.1.9. Specifications and Addenda: Legibly mark each section to record: 1.4.1.9.1. Manufacturer, trade name, catalog number and Supplier of each product and item of equipment actually installed. 1.4.1.9.2. Changes made by Project Consultant’s written instructions or by Change Order. 46 of 77 90 1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical system and instrumentation system. 1.4.1.10.1. As-built documents must be updated monthly as a condition precedent to payment. A final survey signed and sealed by a surveyor must be provided to the City at no additional cost, including digital l (CAD and PDF) versions. 1.4.1.10.2. For construction of new building, or building additions, field improvements, and or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed Registered Land Surveyor. 1.4.2. Record Set. Contractor must maintain in a safe place one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments, COs, RFIs, and field directives, as well as all written interpretations and clarifications issued by the Project Consultant, in good order and annotated to show all changes made during construction. The record documents must be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from COs and/or field directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor must certify the accuracy of the updated record documents. The record documents must be clean, and all changes, corrections and dimensions must be given in a neat and legible manner in red. Upon Final Completion and as a condition precedent to Contractor’s entitlement to final payment, the Record Set must be delivered to the Project Consultant by the Contractor. The Record Set of Drawing must be submitted in both hard copy and as electronic plot files. 1.4.3. Construction Photographs. Prior to commencement of the Work the Contractor must take digital photographs and color audio-video recording to document existing conditions and submit copies in an acceptable format to the City. Contractor must submit with each application for payment photographs that accurately reflect the progress of all aspects of the Work. The number of photographs to be taken will be based on the magnitude of the Work being performed. Contractor must submit one copy of each photograph in print and digitally. The photographs must be printed on 8” X 10” high resolution glossy commercial grade and weight color photographic print paper or in a format acceptable to the City. Each photograph must be imprinted on its face with the title of the Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg format and will be submitted through a file-sharing site (such as Dropbox) or on a CD-ROM or flash drive clearly identifying the name of the Project, the name of the Contractor, and the timeframe in which the pictures were taken. Initial set up prints will be submitted in a three-ring binder with each picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in clear plastic sleeves that can be added to the binder. The three-ring binder must be of such size to be able to hold all print pictures. 1.5. Staging Site. 1.5.1. The Contractor is solely responsible for making all arrangements for any staging site(s) that may be necessary for the performance of the Work and the Contractor is responsible for all site security, including any fencing of the site, and any loss, damage or theft to its equipment and materials. Any fencing of the Staging Site is subject to the prior written approval of the City. 1.5.2. The City at its sole discretion may make a staging site available for use by the Contractor. If such site is made available by the City, the City assumes no responsibility or liability for the equipment or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or theft to its equipment and materials. The Contractor must restore the site to its pre-existing condition prior to the Contractor’s use of the site. 47 of 77 91 1.5.3. The Contractor may be required to provide or may choose to use an office trailer for the duration of the Project. The Contractor must have the prior written approval of the City as to the use of any office trailer and the placement location for the office trailer. The Contractor must obtain all required permits from the appropriate regulatory agencies. 1.5.4. No parking is permitted at a City provided staging site without the prior written approval of the City. 1.6. Purchase and Delivery, Storage and Installation. All materials must be F.O.B. delivered and included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading and installation of all equipment and material(s). Contractor must make all arrangement for delivery. Contractor is liable for replacing any damaged equipment or material(s) and filing any and all claims with suppliers. All transportation must comply with all federal, state (including FDOT), Miami-Dade County, and local laws, rules and regulations. No materials will be stored on-site without the prior written approval of the City. 1.7. Approval of Subcontractors. For any scope of work that the Contractor will utilize a subcontractor, the Contractor may only retain or utilize the services of the particular subcontractor with the prior written approval of the City Manager, which approval may be granted or withheld in the City Manager’s sole and absolute discretion. The Contractor shall provide at least fourteen (14) days notice to the City Manager and the Project Consultant of its intent to retain or utilize a subcontractor. 1.8. Project Signage. Contractor must furnish and install two (2) Project signs at the Project Site in accordance with the requirements provided by the Project Consultant or the City as applicable. 2. CONTRACT TIME 2.1. Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed providing a commencement date and issued by the City Manager or designee. The Notice to Proceed will not be issued until Contractor's submission to City of all required documents and after execution of this Contract. 2.2. Time is of the essence throughout this Contract. The Contractor shall prosecute the Work with faithfulness and diligence and the Work shall be substantially completed within ninety 90 calendar days from the date specified in the Notice to Proceed (“Contract Time”). Substantial Completion shall be defined for this purpose as the date on which City receives beneficial use of the Project. The Work shall be fully completed in accordance with the Contract Documents within sixty (60) calendar days from the date specified in the Notice to Proceed (“Final Completion Time”). The Final Completion date is defined as the date determined by the City when all Work, including punch list items, has been completed in accordance with the Contract Documents and Contractor has delivered to City all documentation required herein. 2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within the Contract Time, Contractor shall pay to City the sum of $1,699.00 SUBSTANTIAL COMPLETION LIQUIDATED DAMAGES for each calendar day after the expiration of the Contract Time that the Contractor fails to achieve Substantial Completion up until the date that the Contractor achieves Substantial Completion. Upon failure of Contractor to fully complete the Work and achieve Final Completion within the Final Completion Time, Contractor shall pay to City the sum of $1699.00 FINAL COMPLETION LIQUIDATED DAMAGES for each calendar day after expiration of the Final Completion Time that the Contractor fails to achieve Final Completion up until the date that the Contractor achieves Final Completion. These amounts are not penalties but are liquidated damages payable by Contractor to City for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the 48 of 77 92 difficulty of determining the amount of damages that will be sustained by City as a consequence of Contractor’s delay and failure of Contractor to complete the Work on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 2.4. City is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. In case the liquidated damage amount due to City by Contractor exceeds monies due Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City the amount of said excess. 3. CONTRACT PRICE AND PAYMENT PROCEDURES 3.1. Guaranteed Maximum Price. The City shall pay the Contractor an amount not to exceed $ for the performance of the Work in accordance with the line items and unit prices included in Exhibit “B” (the “Contract Price”). The Contract Price shall be full compensation for all services, labor, materials, equipment, and costs, including overhead and profit, associated with completion of all the Work in full conformity with the Contract Documents and adjusted only by written change orders signed by both parties and approved as required by local law. The Contract Price shall include all applicable sales taxes as required by law. 3.2. Schedule of Values. The Contractor must submit two copies of schedule of values within ten (10) calendar days from the date this Contract is executed by both parties. The schedule of values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. Contractor’s overhead and profit must be listed as separate line items. Each line item must be identified with the number and title of the major specification section or major components of the items. The Project Consultant or City as applicable may require further breakdown after review of the Contractor’s submittal. The City reserves the right to require such information from the Contractor as may be necessary to determine the accuracy of the schedule of values. The combined total value for mobilization under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Schedule of Values must be incorporated into the Contractor’s payment application form. The Contractor guarantees that each individual line item contained in the schedule of values submitted as part of a competitive solicitation shall not be increased without written approval by the City Manager. 3.3. Payment Application Procedures. City shall make progress payments, deducting the amount from the Contract Price above on the basis of Contractor’s Applications for Payment on or before twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the City shall be within twenty (20) days after receipt of the Pay Application. Any rejection shall specify the applicable deficiency and necessary corrective action. Any undisputed portion shall be paid as specified above. All such payments will be made in accordance with the Schedule of Values established in the Contract Documents or, in the event there is no Schedule of Values, as otherwise provided in the Contract Documents. In the event the Contract Documents do not provide a Schedule of Values or other payment schedule, Applications for Payment shall be submitted monthly by Contractor on or before the 10th of each month for the prior month to the Project Consultant. Progress payments shall be made in an amount equal to the percentage of Work completed as determined by the City or City’s Project Consultant, but, in each case, less the aggregate of payments previously made and less such amounts as City shall determine or City may withhold taking into account the aggregate of payments made and the percentage of Project completion in accordance with the Contract Documents and Schedule of Values, if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or Pay Application (the “Retainage”) shall be retained by City until final completion and acceptance of the Work by City. In the event there is a dispute between Contractor and City concerning a Pay Application, dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the disputed Payment Application. The City shall reach a conclusion within 15 days thereafter and promptly notify Contractor of the outcome, including payment, if applicable. 49 of 77 93 3.4. Progress Payment Applications. Each progress payment application submitted to the City must include: 3.4.1. A sworn and certified progress payment affidavit indicating that all laborers, material suppliers, and subcontractors dealing with the Contractor were paid in full as it relates to all Work performed up to the time of the request for payment; 3.4.2. Partial conditional releases or waivers of lien by the Contractor, material suppliers, subcontractors, and any lienors serving a Notice to the City and evidence of proof of payment of any indebtedness incurred with respect to the Work of the Contractor as may be required by the City; 3.4.3. Evidence that all Work was fully performed as required by the Contract Documents up to the time of the request for payment and that the Work was inspected and accepted by the City and any other governmental authorities required to inspect the Work; and 3.4.4. An updated Project schedule, including a two-week look-ahead schedule, as approved in writing by the City Manager. 3.4.5. All Buy-Out Savings, including supporting documentation relating to the calculation of the Buy-Out Savings. 3.5. Final Payment. Upon Final Completion of the Work by Contractor in accordance with the Contract Documents and acceptance by the City, and upon receipt of consent by any surety, City shall pay the remainder of the Contract Price (including Retainage) as recommended by the City’s Project Consultant and Building Official. Final payment is contingent upon receipt by City from Contractor of: 3.5.1. An affidavit that payrolls, bills for materials, equipment, and other indebtedness were paid in full as it relates to all Work performed under this Contract; 3.5.2. A certificate evidencing that insurance required by the Contract Documents shall remain in effect after final payment is made; 3.5.3. A written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents; 3.5.4. Documentation of any special warranties, including, but not limited to, any manufactures’ warranties or specific subcontractor warranties; 3.5.5. Evidence that all Punch List items have been fully completed to the satisfaction of the City; 3.5.6. All previously undelivered manufacturer and subcontractor guarantees, warranties, and manuals and documents required by the Contract Documents; 3.5.7. Final releases of lien, waivers of claim, satisfactions of liens or claims, and such other affidavits as may be reasonably required by the City to assure a lien-free and claim-free completion of the Work; 3.5.8. Evidence that the Contractor has fully cleaned and restored the site, including removal of all rubbish and debris; 50 of 77 94 3.5.9. At least one complete set of as-built plans, reflecting an accurate depiction of Contractor’s Work; 3.5.10. .Such other documents necessary to show that the Contractor has complied with all other requirements of the Contract Documents; and 3.5.11. Cost Savings, including supporting documentation used to calculate the Cost Savings. 3.6. Payment Withholding. The City may withhold any payment, including a final payment, for application to such extent as may be necessary, as determined by the City’s Project Consultant, to protect the City from loss for which the Contractor is responsible in the event that: 3.6.1. The Contractor performs defective Work and such Work has not been corrected, provided that the amount withheld shall be limited to the amount sufficient to cover such defective Work; 3.6.2. A third-party files a claim or lien in connection with the Work or this Contract; 3.6.3. The Contractor fails to make payments properly to subcontractors or suppliers for labor, materials, or equipment which has been paid by the City, provided that the amount withheld shall be limited to the amount sufficient to cover such payments to subcontractors or suppliers for labor, materials, or equipment; 3.6.4. The City has reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 3.6.5. The Contractor, its employees, subcontractors, or agents have damaged the City; 3.6.6. The City has reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover liquidated damages for the anticipated delay; 3.6.7. The Contractor has failed to progress the Work satisfactorily and/or according to the Contract Schedule; 3.6.8. The Contractor has failed to carry out the Work in accordance with the Contract Documents; 3.6.9. The Contractor has failed to provide requisite releases of lien for each payment application in accordance with the Contract Documents; and/or 3.6.10. Any other failure to perform a material obligation contained in the Contract Documents. 3.7. No Waiver of City Rights. The payment of any Application for Payment by the City, including the final request for payment, does not constitute approval or acceptance by the City of any item of the Work reflected in such Application for Payment, nor shall it be construed as a waiver of any of the City ’s rights hereunder or at law or in equity. 3.8. Payment to Sub-Contractors; Certification of Payment to Subcontractors. The term “subcontractor,” as used herein, includes persons or firms furnishing labor, materials or equipment incorporated into or to be incorporated into the Work or Project. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts as a condition precedent to payment to 51 of 77 95 Contractor by the City. The Contractor shall also return all retainage withheld to the subcontractors within 30 days after the subcontractor’s work is satisfactorily complete and accepted by the City. 3.9. Cost Savings and Value Engineering. 3.9.1. Cost Savings. In the event the Contractor rebids or renegotiates with any subcontractor to reduce subcontractor costs for the performance of the Work, then the difference between (i) the sum of the subcontractor costs used to establish the Contract Price, as set forth in the Schedule of Values, and (ii) the sum of the revised subcontractor costs, including any early payment or similar discounts (the “Cost Savings”), shall revert to the City. The Contract Price shall be adjusted in accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised to reflect the new Contract Price. 3.9.2. Value Engineering. Contractor shall participate in Value Engineering the Contract Documents with the City and the Architect with the goal of finding acceptable means for reducing the cost of the Work. Upon acceptance by the City of recommendation for Value Engineering, the Contract Documents shall be modified to reflect such changes. All savings in connection with Value Engineering of the Work shall revert to City. 4. CONTRACT DOCUMENTS 4.1. The Contract Documents, which comprise the entire agreement between the City and the Contractor concerning the Work, consist of this Contract for Construction (including any change orders and amendments thereto), the Plans and Specifications attached hereto as Exhibit “A” (the “Plans and Technical Specifications”), the ITB and any Bidding Documents or procurement documents for the Project, the Contractor’s Bid for the Project (including the Schedule of Bid Items-Pricing) attached hereto as Exhibit “B”, the Bonds (defined herein), Insurance Certificates, the Notice of Award, and the Notice to Proceed, all of which are deemed incorporated into and made a part of this Contract by this reference and govern this Project. 4.2. This Contract incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these Contract Documents that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.3. The Contract Documents shall remain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; however in no circumstances shall the Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the City's prior written authorization. 4.4. Conflicts; Order of Priority. This document without exhibits is referred to as the “Base Agreement.” In the event of a conflict between the terms of this Base Agreement and any exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved in the following order of priorities and the more stringent criteria for performance of the Work shall apply: 4.4.1. First Priority: Change Orders with later date taking precedence; 4.4.2. Second Priority: This Base Agreement; 4.4.3. Third Priority: Exhibit “A,” the Plans and Technical Specifications; 4.4.4. Fourth Priority: Exhibit “B,” the Bid; and 52 of 77 96 4.4.5. Fifth Priority: Contract Documents, excluding this Base Agreement and Exhibits listed in this Section. 5. INDEMNIFICATION 5.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its officers, agents, consultants, and employees, from and against any and all demands, claims, losses, expenses, suits, liabilities, causes of action, judgment or damages, including but not limited to legal fees and costs and through appeal, arising out of, related to, resulting from, or in any way connected with Contractor’s negligence, recklessness, or intentional misconduct in the Contractor’s performance or non-performance of this Contract, Contractor’s obligations, or the Work related to the Contract, including but not limited to by reason of any damage to property, or bodily injury or death incurred or sustained by any person, or to injury to or destruction of tangible property or any other property (other than the Work itself) including the loss of use resulting therefrom, caused in whole or in part by any willful, wanton, or negligent, or grossly negligent acts or omissions of Contractor, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by applicable law and regardless of the negligence of any such party.. Additionally, the Contractor shall defend, indemnify, and hold the City harmless from all losses, injuries or damages and wages or overtime compensation due its employees in rendering services pursuant to this Contract, including payment of reasonable attorneys’ fees and costs in the defense of any claim made under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act or any other employment related litigation or worker’s compensation claims under federal, state, or local law. 5.2. The provisions of this section shall survive termination of this Contract. 6. INSURANCE AND BONDS 6.1. Insurance. 6.1.1. Contractor shall secure and maintain throughout the duration of this Contract insurance of such types and in such amounts not less than those specified below as satisfactory to the City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by Bests Rating and qualified to do business in the State of Florida. Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured, no later than ten (10) days after award of this Contract and prior to the execution of this Contract by City and prior to commencing any Work. Each certificate shall include no less than (30) thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this Section 6.1. 6.1.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of 53 of 77 97 Contractor. The General Aggregate Liability limit (except for Products/Completed Operations) shall be in the amount of $2,000,000. 6.1.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker’s Compensation insurance. In order for this requirement to be waived, Contractor must provide proof of exemption from such laws. Information regarding eligibility for an exemption from the State of Florida Workers’ Compensation Law is available at: https://www.myfloridacfo.com/Division/wc/PublicationsFormsManualsReports/Brochures/Ke y-Coverage-and-Eligibility.pdf. Exemptions may be applied for online through the Florida Department of Financial Services, Division of Workers’ Compensation at: https://www.myfloridacfo.com/Division/wc/Employer/Exemptions/default.htm. 6.1.1.3. Business Automobile Liability with minimum limits of $1,000,000 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include Owned, Hired, and Non-Owned Vehicles. 6.1.1.4. Builder’s Risk property insurance upon the entire Work to the full replacement cost value thereof. This insurance shall include the interest of City and Contractor and shall provide All-Risk coverage against loss by physical damage including, but not limited to, Fire, Extended Coverage, Theft, Vandalism and Malicious Mischief. If Builder’s Risk insurance is not required for this Project, the City shall select this box: ☒. 6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any portion of the Work damaged, destroyed, lost or stolen until Final Completion has been achieved for the Project, and all such Work shall be fully restored by the Contractor, at its so le cost and expense, in accordance with the Contract Documents. 6.1.2. Certificate of Insurance. On or before the Effective Date of this Contract, the Contractor shall provide the City with Certificates of Insurance for all required policies. The Contractor shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Contract, including any extensions or renewals that may be granted by the City. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Contract and shall state that such insurance is as required by this Contract. The City reserves the right to inspect and return a certified copy of such policies, upon written request by the City. If a policy is due to expire prior to the completion of the Work, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days’ written notice shall be provided to the City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the City. 6.1.2.1. Additional Insured. The City is to be specifically included as an Additional Insured for the liability of the City resulting from Work performed by or on behalf of the 54 of 77 98 Contractor in performance of this Contract. The Contractor’s insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute to the Contractor’s insurance. The Contractor’s insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 6.1.2.2. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the City. The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 6.1.3. The provisions of this section shall survive termination of this Contract. 6.2. Bonds. Prior to performing any portion of the Work the Contractor shall deliver to City the Bonds required to be provided by Contractor hereunder (the bonds referenced in this Section are collectively referred to herein as the “Bonds”). Pursuant to and in accordance with Section 255.05, Florida Statutes, the Contractor shall obtain and thereafter at all times during the performance of the Work maintain a separate performance bond and labor and material payment bond for the Work, each in an amount equal to one hundred percent (100%) of the Contract Price and each in the form provided in the Contract Documents or in other form satisfactory to and approved in writing by City and executed by a surety of recognized standing with a rating of B plus or better for bonds up to Two Million Dollars. The surety providing such Bonds must be licensed, authorized and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting the Scope of the Work, the Contract Price, Contract Time or any of the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be Contractor’s sole responsibility, and the amount of each applicable bond shall be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations, the Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to City. As authorized by Section 255.05(1)(a), Florida Statutes, if this Project is exempt from posting of a payment and performance bond, the City shall select this box: ☐. 7. CONTRACTOR’S REPRESENTATIONS AND WARRANTIES 7.1. In order to induce the City to enter into this Contract, the Contractor makes the following representations and warranties: 7.1.1. Contractor represents the following: 7.1.1.1. Contractor has examined and carefully studied the Contract Documents and the other data identified in the bidding documents, including, without limitation, the “technical data” and plans and specifications and the Plans. 7.1.1.2. Contractor has visited the Project site and become familiar with and is satisfied as to the general and local conditions and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.1.1.3. Contractor is familiar with and is satisfied as to all federal, state and local laws, regulations and permits that may affect cost, progress, performance and furnishing of the 55 of 77 99 Work. Contractor agrees that it will at all times comply with all requirements of the foregoing laws, regulations and permits. 7.1.1.4. Contractor has made, or caused to be made, examinations, investigations, tests and/or studies as necessary to determine surface and subsurface conditions at or on the site. Contractor acknowledges that the City does not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground or ground facilities at, contiguous or near the site or for existing improvements at or near the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities and improvements) at, contiguous or near to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.1.1.5. Contractor is aware of the general nature of Work to be performed by the City and others at the site that relates to the Work as indicated in the Contract Documents. 7.1.1.6. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.1.1.7. Contractor has given City written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by City is acceptable to Contactor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications and skills to perform the Work and that the Work shall be executed in a good and workmanlike manner, free from defects, and that all materials shall be new and approved by or acceptable to City, except as otherwise expressly provided for in the Contract Documents. The Contractor shall cause all materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project. 7.2. No recovery for changed market conditions. 7.2.1. In entering into the Contract, Contractor represents and warrants that it has accounted for any and all inflation-related events, recession, labor or material shortages, supply chain disruptions, delivery lead time, or price increases that may be caused by local and or national conditions, whether known or unknown at the time of entering into the Contract (the “Market Conditions”). Contractor further specifically represents and warrants that it has considered all impacts and potential impacts, including any current and future supply chain disruptions and labor shortages, associated with the following events: (1) worldwide pandemics including, but not limited to, COVID-19 and Monkey Pox (the “Pandemics”) and (2) the current military conflict involving Russia and the Ukraine (the “Ukraine Military Conflict”). Contractor also represents and warrants 56 of 77 100 that in determining time requirements for procurement, installation, and construction completion, Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and Contract Sum. 7.2.2. Contractor shall not seek any price increases or time extensions relating to or arising from the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict. 7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the Contract Time in connection with any failure by the Contractor to comply with the requirements of this Section. 7.3. Contractor warrants the following: 7.3.1. Anti-Discrimination. Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Contract because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and agrees to abide by all federal and state laws regarding non-discrimination. 7.3.2. Anti-Kickback. Contractor warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the City has any interest, financially or otherwise, in the Project. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 7.3.3. Licensing. Contractor represents that it is a properly qualified and licensed contractor in good standing within the jurisdiction within which the Project is located. Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required licenses from the federal, state, Miami-Dade County, City, or other governmental or regulatory entity. Contractor acknowledges that it is the obligation of Contractor to obtain all licenses required for this Project, including City building permits. Prior to commencement of the Work, the Contractor shall provide the City with copies of all required licenses. 7.3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required permits from the federal, state, Miami- Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that are necessary to perform the Work. Contractor acknowledges that it is the obligation of Contractor to obtain all permits required for this Project, including City building permits. Prior to commencement of the Work, the Contractor shall provide the City with copies of all required permits. City building permit fees may be waived for this Project. If permits are required by any other governing body or agency, the Contractor shall be obligated to pay the fees. 7.4. Defective Work; Warranty and Guarantee. 7.4.1. City shall have the authority to reject or disapprove Work which the City finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with non-defective Work. Contractor shall bear all direct, 57 of 77 101 indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 7.4.2. Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City or its designee, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 7.4.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment furnished and Work performed for a period of three (3) years from the date of Substantial Completion. If, within three (3) years after the date of substantial completion, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City. Should the manufacturer of any materials and equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty to the City prior to Final Completion. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Contractor shall provide and assign to City all material and equipment warranties upon completion of the Work hereunder. 7.4.4. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 8. DEFAULT, TERMINATION, AND SUSPENSION; REMEDIES 8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the Work within the Contract Time or Final Completion Time as specified in Section 2, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon seven (7) days after sending Contractor a written Notice of Termination, terminate the services of Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work, appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable, and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Project is completed. All damages, costs and charges incurred by City, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed monies due Contractor from City, Contractor shall be liable and shall pay to City the amount of said excess promptly upon demand therefore by City. In the event it is adjudicated that City was not entitled to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed terminated by City for convenience as described below. 8.2. Termination for Convenience. This Contract may be terminated by the City for convenience upon seven (7) calendar days’ written notice to the Contractor. In the event of such a termination, the Contractor shall incur no further obligations in connection with the Project and shall, to the extent possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated 58 of 77 102 for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly submit to the City its Application for Payment for final payment which shall comply with the provisions of the Contract Documents. 8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon seven (7) calendar days’ written notice to the Contractor or immediately if suspended in connection with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to additional Contract Time as a non-compensable, excusable delay. 8.4. Termination Due to Lack of Funding. This Contract is subject to the conditions precedent that: (i) City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price; (ii) the City secures and obtains any necessary proceeds, grants, and/or loans for the accomplishment of the Work and/or the Project pursuant to any borrowing legislation adopted by the City Council relative to the Project; and (iii) City Council enacts legislation which awards and authorizes the execution of this Contract if such is required. 8.5. No Damages for Delay. No claim for damages or any claim, other than for an extension of time shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. 8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of which shall be the subject of any Change Order or Claim and none of which shall be compensated for except as they may have been included in the Contractor’s Contract Price as provided in the Contract Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare, negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted Work. 8.7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation. 8.8. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder and in accordance with this Contract shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 9. CHANGES IN THE WORK 9.1. Change Orders. 9.1.1. Without invalidating the Contract Documents, and without notice to any Surety, the City reserves the right to make increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete the Work in a manner satisfactory to the City. The City reserves the right to order changes, which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract, and which are within the general scope of the Contract Documents, and all such changes 59 of 77 103 will be authorized only by a change order (“CO”) approved in advance, and issued in accordance with provisions of the Contract Documents. 9.1.2. For Contractor initiated change orders, the Contractor is required to provide the Project Consultant with a detailed Request for Change Order (“RCO”) in a form approved by the City, which must include the requested revisions to the Contract, including, but not limited to, adjustments in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting documentation to demonstrate the reasonableness of the RCO. The City may require Contractor to provide additional data including, but not limited to, a cost breakdown of material costs, labor costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable, the RCO must include any schedule revisions accompanied by an explanation of the cost impact of the proposed change. Failure to include schedule revisions in an RCO will be deemed as the Contractor’s acknowledgement that the changes included in an RCO will not affect the project schedule. 9.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price, must be effectuated through a written CO executed by both parties and, if required by the City Code of Ordinances, approved by the City Council. 9.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to proceed on a time and materials basis or make such arrangements as may be deemed necessary to complete the proposed additional Work at the unit prices provided in the Contract Documents. Where the City directs the Contractor to proceed on a time and materials basis, the City shall impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all labor and material costs including but not limited to payroll records and material receipts. Contractor must demonstrate its costs with sufficient evidence to be entitled to compensation from the City. 9.2. Continuing the Work. Contractor must continue to perform all Work under the Contract Documents during all disputes or disagreements with City, including disputes or disagreements concerning an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements. 10. MISCELLANEOUS 10.1. No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City Manager. 10.2. Contractor’s Responsibility for Damages and Accidents. 10.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by City and shall promptly repair any damage done from any cause. 10.2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. 10.3. Governing Law. This Contract shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in Miami-Dade County, Florida. 10.4. Waiver of Jury Trial. CITY AND CONTRACTOR KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR 60 of 77 104 CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY. 10.5. Prevailing Party; Attorneys’ Fees. In the event of any controversy, claim, dispute or litigation between the parties arising from or relating to this Contract (including, but not limited to, the enforcement of any indemnity provisions), the prevailing party shall be entitled to recover from the non- prevailing party all reasonable costs, expenses, paralegals’ fees, experts’ fees and attorneys' fees including, but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated with discovery, processing, management, hosting, and production of electronically stored information (ESI). 10.6. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed to be incorporated herein. 10.7. Examination and Retention of Contractor’s Records. 10.7.1. The City or any of its duly authorized representatives shall, for five (5) years after final payment under this Contract, have access to and the right to examine any of the Contractor’s books, ledgers, documents, papers, or other records involving transactions related to this Contract for the purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. 10.7.2. The Contractor agrees to include in any subcontractor contracts for this Project corresponding provisions for the benefit of City providing for retention and audit of records. 10.7.3. The right to access and examination of records stated herein and in any subcontracts shall survive termination or expiration of this Contract and continue until disposition of any mediation, claims, litigation or appeals related to this Project. 10.7.4. The City may cancel and terminate this Contract immediately for refusal by the Contractor to allow access by the City Manager or designees to any Records pertaining to work performed under this Contact that are subject to the provisions of Chapter 119, Florida Statutes. 10.8. Authorized Representative. 10.8.1. Before commencing the Work, Contractor shall designate a skilled and competent authorized supervisor and representative (“Authorized Representative”) acceptable to City to represent and act for Contractor and shall inform City, in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for Contractor. Contractor shall keep City informed of any subsequent changes in the foregoing. Such representative shall be present or duly represented at the Project site at all times when Work is actually in progress. All notices, determinations, instructions and other communications given to the authorized representatives of Contractor shall be binding upon the Contractor. 10.8.2. The Authorized Representative, project managers, superintendents and supervisors for the Project are all subject to prior and continuous approval of the City. If, at any time during the term of this Contract, any of the personnel either functionally or nominally performing any of the positions named above, are, for any reasonable cause whatsoever, unacceptable to the City, Contractor shall replace the unacceptable personnel with personnel acceptable to the City. 61 of 77 105 10.9. Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds the City harmless from any liability on account of any and all such taxes, levies, duties and assessments. 10.10. Utilities. Contractor shall, at its expense, arrange for, develop and maintain all utilities at the Project to perform the Work and meet the requirements of this Contract. Such utilities shall be furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of this Contract. 10.11. Safety. Contractor shall be fully and solely responsible for safety and conducting all operations under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and damage to property and in full compliance with Occupational Safety and Health Act requirements and all other similar applicable safety laws or codes. Contractor shall continually and diligently inspect all Work, materials and equipment to discover any conditions which might involve such risks and shall be solely responsible for discovery and correction of any such conditions. Contractor shall have sole responsibility for implementing its safety program. City shall not be responsible for supervising the implementation of Contractor's safety program, and shall not have responsibility for the safety of Contractor's or its subcontractor's employees. Contractor shall maintain all portions of the Project site and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors performing Work comply with the foregoing safety requirements. 10.12. Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean and safe condition. Upon completion of any portion of the Work, Contractor shall promptly remove all of its equipment, construction materials, temporary structures and surplus materials not to be used at or near the same location during later stages of Work. Upon completion of the Work and before final payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment and materials belonging to it or used in the performance of the Work and Contractor shall leave the Project in a neat, clean and safe condition. In the event of Contractor's failure to comply with the foregoing, the same may be accomplished by City at Contractor's expense. 10.13. Liens. Contractor shall not permit any mechanic’s, laborer’s or materialmen’s lien to be filed against the Project site or any part thereof by reason of any Work, labor, services or materials supplied or claimed to have been supplied to the Project. In the event such a lien is found or claimed against the Project, Contractor shall within ten (10) days after notice of the lien discharge the lien or liens and cause a satisfaction of such lien to be recorded in the public records of Miami-Dade County, Florida, or cause such lien to be transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court of Miami-Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so discharge or bond the lien or liens within such period as required above, City shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally, City shall thereafter have the right, but not the obligation, to retain out of any payment then due or to become due Contractor, one hundred fifty percent (150%) of the amount of the lien and to pay City ’s reasonable attorneys' fees and costs incurred in connection therewith. 10.14. State Required Affidavits. By entering into this Agreement, the Contractor agrees to review and comply with the following state affidavit requirements: 10.14.1. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 62 of 77 106 10.14.2. Scrutinized Companies. Consultant certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, Florida Statues, the Village may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for more than one million dollars, the Consultant certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Terrorism Sectors List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section 287.135, Florida Statutes, the Village may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is placed on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Sectors List, Scrutinized Companies with Activities in Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 10.14.3. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Village will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e- verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. 10.14.4. Noncoercive Conduct Affidavit. Pursuant to Section 787.06, Florida Statutes, a nongovernmental entity executing, renewing, or extending a contract with a governmental entity is required to provide an affidavit, signed by an officer or a representative of the nongovernmental entity under penalty of perjury, attesting that the nongovernmental entity does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes. By entering into this Agreement, the Contractor acknowledges that it has read Section 787.06, Florida Statutes, and will comply with the requirements therein, and has executed the required affidavit attached hereto and incorporated herein. 10.14.5. Prohibition on Contracting with Entities of Foreign Concern. Pursuant to Section 287.138, Florida Statutes (which is expressly incorporated herein by reference), a governmental entity may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if (a) the entity is owned by 63 of 77 107 the government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of concern. By entering into this Agreement, the Contractor acknowledges that it has read Section 287.138, Florida Statutes, and complies with the requirements therein, and has executed the required affidavit attached hereto and incorporated herein. 10.15. Independent Contractor. The Contractor is an independent contractor under the Contract. This Contract does not create any partnership nor joint venture. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. 10.16. Notices/Authorized Representatives. Any notices required by this Contract shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Contract or such other address as the party may have designated by proper notice. 10.17. Ownership and Access to Records and Audits. 10.17.1. Contractor acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the City which are conceived, developed or made by Contractor during the term of this Contract (“Work Product”) belong to the City. Contractor shall promptly disclose such Work Product to the City and perform all actions reasonably requested by the City (whether during or after the term of this Contract) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 10.17.2. Contractor agrees to keep and maintain public records in Contractor’s possession or control in connection with Contractor’s performance under this Contract. The City Manager or her designee shall, during the term of this Contract and for a period of five (5) years from the date of termination of this Contract, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Contract. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Contract, and following completion of the Contract until the records are transferred to the City. 10.17.3. Upon request from the City’s custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 10.17.4. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Contract are and shall remain the property of the City. 10.17.5. Upon completion of this Contract or in the event of termination by either party, any and all public records relating to the Contract in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. 64 of 77 108 All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of this Contract, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 10.17.6. Any compensation due to Contractor shall be withheld until all records are received as provided herein. 10.17.7. Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Contract by the City. 10.17.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM Mailing address: 6130 Sunset Drive South Miami, FL 33143 Telephone number: 305-663-6340 Email: NPayne@southmiamifl.gov 11. SPECIAL CONDITIONS The following provisions in this Section 10 supersede any other provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given transaction and are transaction specific: 11.1. Unsatisfactory Personnel. 11.1.1. Contractor must at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or anyone not skilled in the Work to which they are assigned. 11.1.2. The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor must respond to the City within five (5) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City will make the final determination as to the removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any of such individual(s) does not require the termination or demotion of said individual(s). 11.2. Hours of Work. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall conduct its operations so as not to interfere with or close any thoroughfare, without the written consent of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in accordance with the requirements and limitations of applicable law including, without limitation, the City Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above without the prior written approval of the City. 65 of 77 109 11.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law, or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic (“MOT”) must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department of Transportation, FHWA), must be followed in the design, application, installation, maintenance and removal of all traffic control devices, warning devices and barriers necessary to protect the public and workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and protected at all times. Prior to commencement of the Work, Contractor must provide the City with a proposed MOT plan for review. The City may require revisions to the proposed MOT plan. The MOT plan must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays resulting from its failure to provide the required MOT plan. 11.4. Royalties and Patents. All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 11.5. Substitutions. Substitution of any specified material or equipment requires the prior written acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient information and documentation to the Project Consultant to allow for a thorough review and determination on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the Contractor’s responsibility to meet the requirements of the Contract Documents. The City may require an adjustment in price based on any proposed substitution. 11.6. Severe Weather Preparedness. During such periods of time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has been given notice of same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as non-compensable, excusable delay. 11.7. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded utilizing funds from the grants listed below (each a “Grant”). Accordingly, the Contractor warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work in accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds, the City shall select this box: ☐. Grant Title Grant Agreement Exhibit If the Work will be funded utilizing Grant funds, the City shall select this box:. 11.8. DBE Contract Assurance. 66 of 77 110 11.8.1. The City affirms it has encouraged women-owned, minority-owned, and disadvantaged businesses of the Project and be responsive to the opportunity of the award of this Contract. 11.8.2. Contractor, or any subcontractor performing Work under this Contract, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the City deems appropriate. 11.9. Scrutinized Companies. 11.9.1. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 11.9.2. If this Agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 11.9.3. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. 11.9.4. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above- stated contracting prohibitions then they shall become inoperative. 67 of 77 111 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as first stated above. CITY OF SOUTH MIAMI By: Genaro “Chip” Iglesias City Manager Attest: By: Nkenga “Nikki” Payne, CMC, FCRM City Clerk Approved as to form and legal sufficiency: By: Weiss Serota Helfman Cole & Bierman, P.L. City Attorney Addresses for Notice: Genaro “Chip” Iglesias City of South Miami Attn: City Manager 6130 Sunset Drive South Miami, FL 33143 305-668-2510 (telephone) 305-663-6345 (facsimile) chip@southmiamifl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Lillian Arango, Esq. City of South Miami Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 33134 larango@wsh-law.com (email) CONTRACTOR By: Name: Title: Entity: Addresses for Notice: (telephone) (email) With a copy to: (telephone) (email) 68 of 77 112 E-VERIFY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E- Verify affidavits from subcontractors. ☐ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Entity Name: ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 69 of 77 113 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Effective July 1, 2024, Section 787.06, Florida Statutes, a nongovernmental entity executing, renewing, or extending a contract with a governmental entity is required to provide an affidavit, signed by an officer or a representative of the nongovernmental entity under penalty of perjury, attesting that the nongovernmental entity does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes. By signing below, I hereby affirm under penalty of perjury that: 1. I have read Section 787.06, Florida Statutes, and understand that this affidavit is provided in compliance with the requirement that, upon execution, renewal, or extension of a contract between a nongovernmental entity and a governmental entity, the nongovernmental entity must attest to the absence of coercion in labor or services. 2. I am an officer or representative of , a nongovernmental entity. 3. does not use coercion for labor or services as defined in the relevant section of the law. In the presence of: Under penalties of perjury, I declare that I have read the foregoing and the facts stated in it are true: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Entity Name: OATH OR AFFIRMATION State of Florida County of Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 70 of 77 114 AFFIDAVIT REGARDING PROHIBITION ON CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN Pursuant to Section 287.138, Florida Statutes (which is expressly incorporated herein by reference), a governmental entity may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if (a) the entity is owned by ethe government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of concern. This affidavit must be completed by an officer or representative of an entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with a governmental entity which would grant the entity access to an individual’s personal identifying information. 1. (“entity”) does not meet any of the criteria in paragraphs (2)(a)-(c) of Section 287.138, F.S. In the presence of: Under penalties of perjury, I declare that I have read the foregoing and the facts stated in it are true: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Entity Name: OATH OR AFFIRMATION State of Florida County of Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 71 of 77 115 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. CITY OF SOUTH MIAMI By: Genaro “Chip” Iglesias City Manager Attest: By: Nkenga “Nikki” Payne, CMC, FCRM City Clerk Approved as to form and legal sufficiency: By: Weiss Serota Helfman Cole & Bierman, P.L. City Attorney Addresses for Notice: Genaro “Chip” Iglesias City of South Miami Attn: City Manager 6130 Sunset Drive South Miami, FL 33143 305-668-2510 (telephone) 305-663-6345 (facsimile) chip@southmiamifl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Lillian Arango, Esq. City of South Miami Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 33134 larango@wsh-law.com (email) 72 of 77 116 ATTACHMENT B DECLARATION/AFFIDAVIT OF REPRESENTATION This Affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The Affidavit must be filed by with the City Clerk's office at the time the a bid or proposal is submitted to the City. For the purpose of this solicitation only, the members listed for the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this Affidavit or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to Section 92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. NAME TITLE Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically, that the persons listed above are the members of the presentation team of the entity listed below. 73 of 77 117 ATTACHMENT C FORM OF PERFORMANCE AND PAYMENT BOND NOTE: PRIOR TO PERFORMING ANY PORTION OF THE WORK THE AWARDED CONTRACTOR SHALL DELIVER TO THE CITY THE BONDS REQUIRED TO BE PROVIDED BY CONTRACTOR 74 of 77 118 ATTACHMENT C FORM OF PAYMENT AND PERFORMANCE BONDS PAYMENT BOND BY THIS BOND, we, , as Principal, (the “Contractor”) and , as Surety, are bound to the City of South Miami (the “City”), as Obligee, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract pursuant to ITB No. PR2025-06, which was awarded on , 2025, pursuant to Resolution No. , with the City, which contract documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated and other damages, and for the purpose of this Bond are referred to as the “Contract.” NOW, THEREFORE, THE CONDITION OF THIS PAYMENT BOND/OBLIGATION are that if Contractor shall promptly make payment to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes; and 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit; and 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall within forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to this bond for protection; b. Unless claimant, other than one having a direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials and supplies, deliver to the Principal written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefore; c. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling 75 of 77 119 the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law; d. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Contract. 5. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. 6. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's rating of " " and Financial Category of "Class ”. IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of 2023, A.D., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: If Sole Ownership or Partnership, two (2) Witnesses Required; If Corporation, Secretary Only will attest and affix seal. FOR THE CONTRACTOR: WITNESS: Secretary Name of Corporation By: (Affix Corporate Seal) Print Name: Title: FOR THE SURETY: WITNESS: Agent and Attorney-in-Fact Print Name: Title: Address: Telephone: 76 of 77 120 END OF DOCUMENT 77 of 77 121 122 FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS I hereby propose to furnish the goods and services specified in the Invitation to Bid,ITB No.PR2025- 06.I agree that my Bid will remain firm for a period of 1 80 days after opened by the City in order to allow the City adequate time to evaluate the Bid. I certify that all information contained in this Bid is truthful to the best of my knowledge and belief.I further certify that I am duly authorized to submit this Bid on behalf of the Firm named as the Proposing Firm and that said Firm is ready,willing,and able to perform if awarded the Agreement. I further certify,under oath,that this Bid is made without prior understanding,agreement,connection, discussion,or collusion with any other person,firm or corporation submitting a Bid;no officer,employee or agent of the City of South Miami or any other Bidder has an interest in said Bid.Furthermore,I certify that the undersigned executed this Bid Form with full knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Bidder acknowledges receipt of all Addenda issued by the City in connection with the ITB (Check the box next to each addendum received). X Addendum I Addendum 2 Addendum 3 Addendum 4 Addendum 5 Addendum 6 Addendum 7 Addendum 8 Addendum 9 Addendum 1 0 Attached hereto are the following forms/documents which form a part of this Bid: Form I.Bid Form Package Acknowledgement. Form 2A.Bidder’s Certification (if Company or Corporation) Form 2B.Bidder's Certification (if Partnership) Form 3.Single Execution Affidavits Form 4.Dispute Disclosure Form S.Certification Regarding Debarment,Suspension,&Other Responsibility Matters Primary Covered Transactions Form 6.Bidder’s Qualifications Survey Form 7 .Bid Form Form 8.Reference List 23 of 77 123 FORM i BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) SIGNATURE OF BIDDER" SUN EAGLE GENERAL CONTRACTORS.CORP. NAME OF BIDDER FIRM YAMIL CASTILLO,Resident NAME &TITLE,TYPED OR PRINTED MAILING ADDRESS 12300 SW130 ST UNIT 105 MIAMI,FLORIDA 33186 (305 )741-3847 TELEPHONE NUMBER State of Florida ' County of Y t The foregoing instrument was acknowledged before me by means of V physical presence or online notarization,this'.day of yAA ,202 ,by \\(name of person)as >L ?\(type of authority)for \3 (name of party on behalf of whom instrument is executed). Notiry Public (Print,Stamp,or Type as Commissioned) MATTHEW MORENO-CASTILLOACommission#HH 183711 JExpiresJanuary31,2026 *. Bonded Thru Troy Fain Insurance 800-385-7019| .Personally known to me;or .Produced identification (Type of Identification: Did take an oath;or Did not take an oath 24 of 77 124 FORM 2A BIDDER’S CERTIFICATION (if Company or Corporation) 5.1^mfate CEM'WFICIATELE GENERAL CONTRACTORS,CORP STATE OF Florida ) )SS COUNTY OF Miami-Dade ) I HEREBY CERTIFY that a meeting of the Board of Directors of SUN EAGLE GENERAL CONTRACTORS,CORP. a corporation or company existing under the laws of the State of Florida , held on July 7th ,2025,the following resolution was duly passed and adopted: RESOLVED,that,as PRESIDENT of the Corporation/Company,be and is hereby authorized to execute the Bid dated,July 8th 2025 to the City of South Miami for ITB No.PR2025- 06 MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS and that this execution thereof,attested by the Secretary of the Corporation/Company,and with the Corporate/Company Seal affixed,shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my han<^and affixed the official seal of corporation/company on this the of y A ,2025. 4ft\T .'Secretary (SEAL) 25 of 77 125 FORM 2B BIDDER S CERTIFICATION (if Partnership) CERTIFICATE STATE OF ) )SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of ,a partnership existing under the laws of the State of ,held on ,2025,the following resolution was duly passed and adopted: “RESOLVED,that , as of the Partnership,be and is hereby authorized to execute the Bid dated ,2023,to the City of South Miami for ITB No.PR2025-06 MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS Project from this partnership and that his execution of thereof,attested by the shall be the official act and deed of this Partnership.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this ,day of ,2025. Secretary (SEAL) 26 of 77 126 FORM 3 SINGLE EXECUTION AFFIDAVITS IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE BIDDER OR BIDDER AND NOTARIZED BELOW.IN THE EVENT THE BIDDER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS,THE BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A BID/BID.THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE: By:yamil Castillo For (Name of Proposing or Bidding Entity):SUN EAGLE GENERAL CONTRACTORS,CORP. Whose business address is:12300 SW 130 ST UNIT 105 MIAMI,FLORIDA 33186 And (if applicable)its Federal Employer Identification Number (FEIN)is:26'2433001 (if the entity does not have an FEIN,include the Social Security Number of the individual signing this sworn statement.SS#:) Americans with Disabilities Act Compliance Affidavit The above named firm,corporation or organization is in compliance with and agrees to continue to comply with,and assure that any subcontractor,or third party contractor under this project complies with all applicable requirements of the laws listed below including,but not limited to,those provisions pertaining to employment,provision of programs and services,transportation,communications,access to facilities, renovations,and new construction. •The American with Disabilities Act of 1 990 (ADA),Pub.L I0I-336,1 04 Stat 327,42 USC 1 2 1 0 1 1 22 1 3 and 47 USC Sections 225 and 66 1 including Title I,Employment Title II,Public Services;Title III,Public Accommodations and Services Operated by Private entities;Title IV, Telecommunications;and Title V,Miscellaneous Provisions. •The Florida Americans with Disabilities Accessibility Implementation Act of 1993,Section 553.501-553.513,Florida Statutes: •The Rehabilitation Act of 1973,229 USC Section 794; •The Federal Transit Act,as amended 49 USC Section 1612; •The Fair Housing Act as amended 42 USC Section 360 1-3631. Bidder Initials 27 of 77 127 Public Entity Crimes Affidavit I understand that a “public entity crime”as defined in Paragraph 287.1 33(I)(g)t Florida Statutes,means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States,including but not limited to,any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentations. I understand that “convicted”or “conviction”as defined in Paragraph 287.1 33(1)(b),Florida Statutes, means a finding of guilt or a conviction of a public entity crime,with or without an adjudication of guilt,in any federal or state trial court of record relating to charges brought by indictment or information after July I,1989,as a result of a jury verdict,non-jury trial,or entry of a plea of guilty or nolo contendere. I understand that an “affiliate”as defined in Paragraph 287.133(l)(a),Florida Statutes,means: I.A predecessor or successor of a person convicted of a public entity crime;or 2.An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime.The term “affiliate”includes those officers,directors, executives,partners,shareholders,employees,members,and agents who are active in the management of an affiliate.The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement,shall be a prima facie case that one person controls another person.A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a “person”as defined in Paragraph 287.133(l)(e),Florida Statutes,means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity,or which otherwise transacts or applies to transact business with a public entity.The term “person”includes those officers,directors,executives,and partners,shareholders, employees,members,and agents who are active in management of an entity. Based on information and belief,the statement,which I have marked below,is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) K Neither the entity submitting this sworn statement,nor any of its officers,directors,executives, partners,shareholders,employees,members,or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July I,1989. The entity submitting this sworn statement,or one or more of its officers,directors,executives, partners,shareholders,employees,members,or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I,1989. The entity submitting this sworn statement,or one or more of its officers,directors,executives, partners,shareholders,employees,members,or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1 989.However,there has been a subsequent proceeding before a Hearing Officer of the State of Florida ,Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that 28 of 77 128 it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I understand that the submission of this form to the contracting officer for the public entity identified in paragraph I above is for that public entity only and that this form is valid through December 3 1 of the calendar year in which it is filed.I also understand that I am required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287.0 1 7,Florida Statutes for category two of any change in the information contained in this form. -JU-Bidder Initials No Conflict of interest or Contingent Fee Affidavit Bidder warrants that neither it nor any principal,employee,agent,representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation.Bidder also warrants that neither it nor any principal,employee,agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics ordinances.Further,Bidder acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be selected for the performance of this contract. ——Bidder Initials Business Entity Affidavit Bidder hereby recognizes and certifies that no elected official,board member,or employee of the City of South Miami (the "City”)shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction,and further,that no City employee,nor any elected or appointed officer (including City board members)of the City,nor any spouse,parent or child of such employee or elected or appointed officer of the City,may be a partner,officer,director or proprietor of Bidder or Vendor,and further,that no such City employee or elected or appointed officer, or the spouse,parent or child of any of them,alone or in combination,may have a material interest in the Vendor or Bidder.Material interest means direct or indirect ownership of more than 5%of the total assets or capital stock of the Bidder.Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City.Further,Bidder recognizes that with respect to this transaction or bid,if any Bidder violates or is a party to a violation of the ethics ordinances or rules of the City,the provisions of Miami-Dade County Code Section 2-1 1.1,as applicable to City,or the provisions of Chapter 1 12,part III,Fla.Stat.,the Code of Ethics for Public Officers and Employees,such Bidder may be disqualified from furnishing the goods or services for which the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for goods or services to City. Bidder Initials Anti-Collusion Affidavit I.Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances respecting the Bid/Bid; 29 of 77 129 2.The Bid/Bid is genuine and is not a collusive or sham Bid/Bid;and 3.Neither the Bidder/Bidder nor any of its officers,partners,owners,agents,representatives, employees,or parties in interest,including Affiant,has in any way colluded,conspired,connived,or agreed,directly or indirectly with any other Bidder/Bidder,firm,or person to submit a collusive or sham Bid/Bid,or has in any manner,directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder/Bidder,firm,or person to fix the price or prices in the attached Bid/Bid or of any other Bidder/Bidder,or to fix any overhead,profit,or cost element of the Bid/Bid price or the Bid/Bid price of any other Bidder/Bidder,or to secure through any collusion,conspiracy,connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract. /c Bidder Initials Scrutinized Company Certification I.Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List.Pursuant to Section 287.1 35,F.S.,the City may immediately terminate the Agreement that may result from this ITB at its sole option if the Bidder or its subcontractors are found to have submitted a false certification;or if the Bidder,or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement 2.If the Agreement that may result from this ITB is for more than one million dollars,the Bidder certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in Section 287.1 35,F.S.pursuant to Section 287.1 35, F.S.,the City may immediately terminate the Agreement that may result from this ITB at its sole option if the Bidder,its affiliates,or its subcontractors are found to have submitted a false certification; or if the Bidder,its affiliates,or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. 3.The Bidder agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this ITB.As provided in Subsection 287.1 35(8),F.S.,if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. Bidder Initials Drug-Free Workplace Affidavit Bidder hereby recognizes that,pursuant to F.S.§287.087,preference shall be given to businesses with drug-free workplace programs when two bids/Bid are equal with respect to price,quality,and service. Bidder understands that in order to qualify as a drug-free workplace.Bidder must: a)Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b)Inform employees about the dangers of drug abuse in the workplace,the Bidder’s policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee 30 of 77 130 assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. I)Give each employee engaged in providing commodities or contractual services under the ITB a copy of the statement specified in subsection (I). 2)Notify employees that,as a condition of working on the commodities or contractual services under the ITB,the employee must abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (5)days after such conviction. 3)Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community,by any employee who is so convicted. 4)Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. Based on information and belief,the statement,which I have marked below,is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the requirements set forth under F.S.§287.087. The entity submitting this sworn statement is not a drug-free workplace. uc Bidder Initials City Non-Discrimination Requirements Affidavit Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami,the City will not enter into or award a contract to an entity engaged in a boycott. Bidder understands that “Boycott”as defined under Section 3-1.1 of the Code of the City of South Miami means to blacklist,divest from,or otherwise refuse to deal with a nation or country,or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race,color,national origin, religion,sex,gender identity,sexual orientation,marital or familial status,age,or disability in a discriminatory manner.The term boycott does not include a decision based upon business or economic reasons,or boycotts,embargoes,trade restrictions,or divestments that are specifically authorized or required by federal law or state law. Bidder certifies that it is not engaged in a boycott,and is in full compliance with Section 3-1.1 of the Code of the City of South Miami. i Bidder Initials Acknowledgment.Warranty,and Acceptance I.Contractor warrants that it is willing and able to comply with ail applicable state of Florida laws,rules and regulations. 31 of 77 131 2.Contractor warrants that it has read,understands,and is willing to comply with all requirements of ITB No.2023-06 and any addendum/addenda related thereto. 3.Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City Commission or City Manager,as applicable. 4.Contractor warrants that all information provided by it in connection with this Bid is true and accurate. -Bidder Initials [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 32 of 77 132 In the presence of: Withes^)#I Print Namey Juan Gomez Witness #^/Print Name:Claribel Reyes Signed,sealed and delivered by: Print Name:YAMIL CASTILLO Title:PRESIDENT State of Florida County of Florida ACKNOWLEDGMENT The foregoing instrument was acknowledged before me by means of physical presence or online notarization,this 7th c day of July ,20 25,by -oSxk*\ (name of person)as C T,'1,1 A \(type of authority)for \i (name of party on behalf of whom instrument is executed). Personally known to me;or Produced identification (Type Did take an oath;or Did not take an oath :Notary Public (Print,Stamp,or Type as Commissioned) of Identification: MATTHEW MORENO-CASTILLO Commission #HH 183711 Expires January 31,2026 *Bonded Thra Troy Fain Insurance 800-385-7019 33 of 77 133 FORM 4 DISPUTE DISCLOSURE Answer the following questions by placing an “X”after “Yes”or “No”.If you answer “Yes”, please explain in the space provided,or on a separate sheet attached to this form. I.Has your firm or any of its officers,received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5)years? YES X no 2.Has your firm,or any member of your firm,been declared in default,terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5)years? YES NO X 3.Has your firm had against it or filed any requests for equitable adjustment,contract claims,Bid protests, or litigation in the past five (5)years that is related to the services your firm provides in the regular course of business? YES NO X If yes,state the nature of the request for equitable adjustment,contract claim,litigation,or protest,and state a brief description of the case,the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid or Bid for the City of South Miami. ACKNOWLEDGMENT State of Florida County of Florida The foregoing instrument was acknowledged before me by means of physical presence or online . notarization,this 7th day of July ,20 25,by Yamil Castillo (name of person)as PRESIDENT (type of authority)for sun eagle general contractor (name of party on behalf of whom instrument is executed). Notary Public (Print,Stamp,or Type as Commissioned)X Personally known to me;or Produced identification (Type of Identification:) Did take an oath;or Did not take an oath 34 of 77 134 FORM 5 CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 1 2549,Debarment and Suspension,13 CFR Part 145.The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160-1921 1).Copies of the regulations are available from local offices of the U.S.Small Business Administration. (I)The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a)Are not presently debarred,suspended,proposed for disbarment,declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b)Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public (Federal,State, or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,State,or local)with commission of any of the offenses enumerated in paragraph (l)(b)of this certification;and (d)Have not within a three-year period preceding this application had one or more public transactions (Federal,State,or local)terminated for cause or default. (2)Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective primary participant shall attach an explanation to this Statement of Qualifications. Entity Name:SUN EAGLE GENERAL CONTRACTORS.CORP. Date:07/07/2025 Signature of Authorized Representative YAMIL CASTILLO PRESIDENT Name and Title of Authorized Representative 3S of 77 135 FORM 6 BIDDER’S QUALIFICATIONS SURVEY COMPANY QUALIFICATIONS QUESTIONNAIRE Please complete this Company Qualifications Questionnaire.By completing this form and submitting a response to the ITB,you certify that any and all information contained in the bid is true,that your response to the ITB is made without prior understanding,agreement,or connections with any corporation,firm or person submitting a response to the ITB for the same materials,supplies,equipment,or services,is in all respects fair and without collusion or fraud,that you agree to abide by all terms and conditions of the ITB,and certify that you are authorized to sign for the Bidder’s firm. Some responses may require the inclusion of separate attachments.Separate attachments should be as concise as possible,while including the requested information.In no event should the total page count of all attachments to this Form exceed five (5)pages.Some information may not be applicable;in such instances,please insert "N/A”. SUN EAGLE GENERAL CONTRACTORS,CORP. Firm Name 12300 SW 130 ST UNIT 105 MIAMI,FLORIDA 33186 Principal Business Address 305-741-3847 305-513-5722 Telephone Number Facsimile Number yamil@suneaglegc.com Email Address 26-2433001 Federal I.D.No.or Social Security Number 6294797 Municipal Business Tax/Occupational License No. FIRM HISTORY AND INFORMATION How many years has the firm has been in business under its current name and ownership?7 Please identify the Firm’s document number with the Florida Division of Corporations and date the Firm registered/filed to conduct business in the State of Florida: P08000038026 04/15/2008 Document Number Date Filed Please identify the Firm’s category with the Florida Department of Business Professional Regulation (DBPR),DBPR license number,and date licensed by DBPR: Construction Industry CGC1505681 May 2003 Category License No.Date Licensed Please indicate the type of entity form of the Firm (if other,please describe): Individual Partnership ^Corporation LLC LLP Other Please identify the Firm’s primary business:Certified General Contractor 36 of 77 136 Please identify the number of continuous years your Firm has performed its primary business: Please list all professional licenses and certifications held by the Firm,its Qualifier/Principal,and any Key Staff,including any active certifications of small,minority,or disadvantaged business enterprise,and the name of the entity that issued the license or certification: License/Certification Type Name of Entity Issuing License or Certification License No.License Issuance Date General Contractor DBPR CGC1505681 May 2003 Please identify the name,license number,and issuance date of any prior companies that pertain to your Firm: License/Certification Type Name of Entity Issuing License or Certification License No.License Issuance Date Please identify all individuals authorized to sign for the entity,their title,and the threshold/level of their Authorized Signor’s Name Title Signing Authority Threshold (All,Cost up to $X -Amount,No Cost,Other) YAMIL CASTILLO PRESIDENT All Julian Castillo vice President All Please identify the total number of Firm employees,managerial/administrative employees,and identify the total number of trades employees by trade (e.g„20 electricians,5 laborers,etc.): Total No.of Employees 7 Total No.of Managerial/Administrative Employees 2 Total No.of Trades Employees by Trade 5 General INSURANCE INFORMATION Please provide the following information about the Firm's insurance company: See Attached Insurance Carrier Name Insurance Carrier Contact Person Insurance Carrier Address Telephone No.Email Has the Firm filed any insurance claims in the last five (S)years?fNo Yes If yes,please identify the type of claim and the amount paid out under the claim: FIRM OWNERSHIP Please identify all Firm owners or partners,their title,and percent of ownership: Owner/Partner Name Title Ownership (%) YAMIL CASTILLO PRESIDENT 100% 37 of 77 137 Please identify whether any of the owners/partners identified above are owners/partners in another entity: XNo Yes If yes,please identify the name of the owner/partner,the other entity's name,and percent of ownership held by the stated owner/partner: Owner/Partner Name Other Entity Name Ownership (%) RECENT CONTRACTS Please identify the five (5)most recent contracts in which your Firm has provided services to other public entities: Public Entity Contact Person Telephone No.Email Address M£)Cf>5 ptT/ud ikzzAiu)-W3 PT/efeiarJ MVCpS y & Ml/W-WOe 7^7 rAlO/ifF-f Nt Ml --737 a fardo'l a' MM/-JoSY foffl 3/>y-w-wox TaSe Lof*1.@ 500 /21¥ By signing below,Bidder certifies that the information contained herein is complete and accurate to the best of Bidder’s knowledge. Firm:SUN EAGLE GENERAL CONTRACTORS.CORP. Authorized Signature: Print or Type Name:^AMIL CASTILLO Date:07/07/2025 Tit|e;PRESIDENT 38 of 77 138 FORM 7 BID FORM/SCHEDULE OF VALUES Bid prices stated in this Form shall include all costs and expenses for labor,equipment,materials, contractor's overhead,profit,bond and insurance,and general conditions.Payment for this project will be based upon completion of the entire project as a Lump Sum contract. ITEM NO.DESCRIPTION QTY UNIT —UNIT PRICE MAT.&LABOR —TOTAL AMOUNT 1 Mobilization 1 LS $5,500.00 $5,500.00 2 General Conditions 1 LS $$37,^.^ 3 Performance &Payment Bonds 1 LS 7,500.00 7,500.00 4 Perimeter Privacy Windscreen on Existing Fences 4S0 LF $^0 $ Demolition and Preparation 5 Materials removal and Surface Preparation 1 LS $35,000.00 $35,000.00 6 Coping cleaning,pressure washing and sealant 292 LF $$ 7 Drain Pipe Cleaning 1 LS $fa wo.s Renovation 8 Surface resurfacing with PebbleTec PebbleFINA,Color Acquos 4,5 10 SF $fa $21, 9 6"x6"dark blue tile (incl.grout)- Furnish and Install 263 SF $$ 10 2"x2"light blue shelf tile (incl. grout)-Furnish and Install 267 SF $it"$ II Lane markings (2"x2"dark blue tiles)74 SF $$3,11^ 12 Depth Marking Tiles 1 LS $$ 13 Waterproofing and joint sealing 1 LS $$ 39 of 77 139 I4 Expansion Joints Replacements I LS $ IS Deck and surrounding area restoration I LS $$z^^^.& I6 Contractor's Total Sum $777 7S Unit Cost Improvements Beyond the Included Scope of Work I7 4-inch thick,3000 PSI Concrete Slab,Natural Color Per SF $8.65 I8 Concrete Sidewalk &Deck Pressure Washing Per SY $1.95 Note: All sections of the Bid Form and Schedule of Values must be completed in their entirety,including the line item for Performance and Payment Bonds.The quantities provided are for reference only;it is the contractor's responsibility to independently verify all quantities and take-offs based on the provided plans and specifications. The total bid amount must comprehensively cover all improvements shown,specified,or described in the construction documents and project scope—without exception,omission,or assumption of exclusion. All unit and estimated prices submitted will be considered firm and binding.The total sum costs shall remain valid for a period of no less than six (6)months from the bid submission deadline and will apply to any authorized modifications or expansions of the project scope. SUBMITTED THIS 8th DAY OF July 20 25 . PROPOSAL SUBMITTED BY: SUN EAGLE GENERAL CONTRACTORS,CORP. Company YAMIL CASTILLO Name of Person Authorized to Submit Proposal Signature 305-741-3847 Telephone Number 305-513-5722 Fax Number yamil@suneaglegc.com Email Address President Title 40 of 77 140 FORM 8 REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS. REFERENCE#! Public Entity Name:Miami-Dade County Parks and Recreation and Open spaces Reference Contact Person/Title/Department:J°se lopez Jr.Miami-Dade Parks Contact Number &Email 305-596-4460 Ext.5001274 Jose.Lopez7@miamidade.gov Public Entity Size/Number of Residents/Square Mileage: Event(s)Completed (include Name of Project/Event,Date of Event Start/Completion,Details on Size/Scope of Work/Complexity)A D-Bar nes Par k -p°o 1 Resurfacing July 17 2023 -September 03 2023 $'•74,820.00 to completely restore pool with new diamond brite, demo,clean deck,repair coping. Is the Contract still Active?Yes No * 41 of 77 141 REFERENCE #2 Public Entity Name:of Mia™Gardens Reference Contact Person/Title/Department:Charles Allen,Construction and Facilities Contact Number &Email 305-986-9144 Challen@miamigardens-fl.gov Public Entity Size/Number of Residents/Square Mileage: Betty T Ferguson Natatorioum pool and locker rm upgrades Event(s)Completed (include Name of Project/Event,Date of Event Start/Completion,Details on Size/Scope of Work/Complexity)March 2022,May 2023 796,520.00 Change the pool equipment,Resurface,retile and update Natatorioum pool Is the Contract still Active?Yes No X Page 2 of 77 42 of 77 142 REFERENCE #3 Public Entity Name:f Reference Contact Person/Title/Department: Contact Number &Email ^J f^2^^f WW#/' Public Entity Size/Number of Residents/Square Mileage: /1/£ Event(s)Completed (include Name of Project/Event,Date of Event Start/Completion,Details on Size/Scope of Work/Complexity)7^*7/^^3/^ Is the Contract still Active?Yes No Page 3 of 77 43 of 77 143 CERTIFICATE AS TO CORPORATE PRINCIPAL I,,certify that I am the Secretary of the Corporation named as Principal in the within Bond;that YAMIL CASTILLO who signed the said bond on behalf of the Principal,was then P,Secretary of said Corporation;that I know his/her signature,and his/her signature hereto is genuine; and that said bond was duly signed,sealed,and attested for and in behalf of said Corporation by authority of its governing body. "-(Affix Corporate Seal) xr 'Corporate Secretary In the presence of: —Witness#!Print Name:ejo-'ez Witness #2 Print Name: Signed,sealed and delivered by:M Print Name: Title:P^^^/Firm: State of Florida County of ~\'v Before me,a Notary Public,duly commissioned,qualified and acting,appeared by means of physical presence or online notarization who being by,me first duly sworn upon oath,says that s/he is the Attorney-in-Fact,for the _and that s/he has been authorized by'%<\:A \•to execute the foregoing bond on behalf of the Contractor named therein in favor of the Cit^of South Miami,Florida day ofSwornandsubscribedtobeforemethis Notary Public ^Print,Stamp,or Type as Commissioned) Personally known to me;or Produced identification (Type of Identification:) Did take an oath;or Did not take an oath (Attach Power of Attorney) END OF SECTION 4 44 of 77 144 LBT6294797 SEC.TYPE OF BUSINESS 196 CGC1505681C/n YAMIIWorker(s) GENERAL BUILDING CONTRACTOR OWNER SUN EAGLE GENERAL CONTRACTORS CORP RECEIPT NO. RENEWAL 6560701BUSINESSNAME/LOCATION SUN EAGLE GENERAL CONTRACTORS CORPORATION 12300 SW130TH ST #105 MIAMI,FL 33186-6388 CASTII I n Ol IAI IFIFR1 PAYMENT RECEIVED BY TAX COLLECTOR 75.00 07/22/2024 INT-24-444801 Local Business Tax Receipt Miami-Dade County,State of Florida -THIS IS NOT A BILL -DO NOT PAY EXPIRESSEPTEMBER30,2025 Must be displayed at place of business Pursuant to County Code Chapter 8A -Art.9 &10 MIAMhDADIEKDHB This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,or a certification of the holder's qualifications,to do business.Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO.above must be displayed on all commercial vehicles -Miami-Dade Code Sec 8a-276. For more information,visit www.miamidade.gov/taxcollector 145Ron DeSantis,Governor Melanie S.Griffin,Secretary IFIoridaSTATEOFFLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489,FLORIDA STATUTES CASTILLO,YAMIL SUN EAGLE GENERAL CONTRACTORS CORPORATION 12300 SW 130 STREET UNIT #105 MIAMI FL 33186 LICENSE NUMBER:CGC1505681 EXPIRATION DATE:AUGUST 31,2026 Always verify licenses online at MyFloridaLicense.com ISSUED:07/03/2024 Do not alter this document in any form. This is your license.It is unlawful for anyone other than the licensee to use this document. 146 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/22/2024 IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:000001 REVISION NUMBER: PRODUCER South Florida Assurance LLC 6200B NW 167th Street Miami FL 33014 nam&CT Ailyn Ravelo 305-728-5011 WC.No):305-675-2887 address:ailynmravelo@gmail.com INSURER(S)AFFORDING COVERAGE NAIC# insurer a :Western World Insurance Company INSURED Sun Eagle General Contractor Corp. 12300 SW 130th St 105 Miami FL 33186 insurer a :Infinity Assurance Insurance Company INSURER C : INSURER D : INSURER E : INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE POLICY NUMBER POUCY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)UMITS A X COKAMERCIAL CLAIMS- GENERAL UA BILITY CCUR X NPP1574094 07/23/2024 07/23/2025 EACH OCCURRENCE s 1,000,000 WADE X O damage to rented-' PREMISES (Ea occurrence)s 100,000 MED EXP (Any one person)s 5,000 PERSONAL &ADV INJURY S 1,000,000 GEN'L AC?GREGATE LIMIT APPLIES PER. ICY H JECT I LOC ER: GENERAL AGGREGATE S 2,000.000xPOL OTP PRODUCTS -COMP/OP AGG s 2,000,000 s B AUTOMOBILE UAB AUTO OWNEDOS ED AUTOS ILITY SCHEDULEDAUTOSNON-OWNEDAUTOS 509-82004-0947-001 08/07/2024 08/07/2025 Combined single limit(Ea accident)S 1,000,000 ANY ALLAUT HIR BODILY INJURY (Per person)s X X BODILY INJURY (Per accident)s X X PROPERTY DAMAGE(Per accident)5 PIP S 10,000.00 UMBRELLA UAB EXCESS UAB —OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE s DED RETENTIONS s WORKERS COMPENSATION AND EMPLOYERS'LIABILITY y z NANYPROPRIETOR/PARTNER/EXECUTIVE I 1 OFFICER/MEMBER EXCLUDED’’(Mandatory in NH) If yes.describe underDESCRIPTIONOFOPERATIONS below N/A I PER IIOTH-I STATUTE I I ER E.L.EACH ACCIDENT s E.L.DISEASE -EA EMPLOYEE s E.L.DISEASE -POUCY LIMIT s DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached If more space Is required) Certificate Holder is listed as additional insured. CGC1505681 General Conractor Yamil Castillo CERTIFICATE HOLDER CANCELLATION ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01)The ACORD name and logo are registered marks of ACORD 147 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ACORd CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/22/2024 Miami-Dade County 111 NW 1st Street Suite 2340 Miami,FL 33128 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ailyn M Ravelo ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 148 JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION **CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW ** CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE:2/24/2025 EXPIRATION DATE:2/24/2027 PERSON:YAMIL CASTILLO EMAIL:YAMIL@SUNEAGLEGC.COM FEIN:262433001 BUSINESS NAME AND ADDRESS: SUN EAGLE GENERAL CONTRACTORS CORPORATION 12300 SW130 ST UNIT 105 MIAMI,FL 33186 This certificate of election to be exempt is NOT a license issued by the Department of Business and Professional Regulation.To determine if the certificate holder is required to have a license to perform work or to verify the license of the certificate holder,go to www.myfloridalicense.com. IMPORTANT:Pursuant to subsection 440.05(13),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to subsection 440.05(11),F.S.,Certificates of election to be exempt issued under subsection (3)apply only to the corporate officer named on the notice of election to be exempt.Pursuant to subsection 440.05(12),F.S.,notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT RULE 69L-6.012,F.A.C.REVISED 01/2023 E02056852 QUESTIONS?(850)413-1609 149 JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION **CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW ** CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE:2/26/2025 EXPIRATION DATE:2/26/2027 PERSON:JULIAN C CASTILLO EMAIL:YAMIL@SUNEAGLEGC.COM FEIN:262433001 BUSINESS NAME AND ADDRESS: SUN EAGLE GENERAL CONTRACTORS CORPORATION 12300 SW130 ST UNIT 105 MIAMI,FL 33186 This certificate of election to be exempt is NOT a license issued by the Department of Business and Professional Regulation.To determine if the certificate holder is required to have a license to perform work or to verify the license of the certificate holder,go to www.myfloridalicense.com. IMPORTANT:Pursuant to subsection 440.05(13).F.S..an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to subsection 440.05(11).F.S.,Certificates of election to be exempt issued under subsection (3)apply only to the corporate officer named on the notice of election to be exempt.Pursuant to subsection 440.05(12),F.S.,notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT RULE 69L-6.012,F.A.C.REVISED 01/2023 E02060374 QUESTIONS?(850)413-1609 150 Division of Corporations Department of State /Division of Corporations /Search Records /Search by Entity Name / Detail by Entity Name Florida Profit Corporation SUN EAGLE GENERAL CONTRACTORS CORPORATION Filing Information Document Number FEI/EIN Number Date Filed Effective Date State Status Last Event Event Date Filed Principal Address 12300 SW 130 St 105 MIAMI,FL 33186 P08000038026 26-2433001 04/15/2008 04/14/2008 FL ACTIVE REINSTATEMENT 04/30/2012 Changed:04/13/2024 Mailing Address 12300 SW 130 St 105 MIAMI,FL 33186 Changed:04/13/2024 Registered Agent Name &Address Lisette P.Garcia,Esq 2780 SW 87th Ave 100 MIAMI,FL 33165 Name Changed:04/11/2013 Address Changed:06/26/2018 Officer/Director Detail Name &Address Title President,Secretary 151 CASTILLO,YAMIL 12300 SW 130 St 105 MIAMI,FL 33186 Title VP Castillo,Julian Christopher 12300 SW 130 St 105 Miami,FL 33186 Title Treasurer Castillo,Matthew 12300 SW 130 st 105 Miami,FL 33186 Annual Reports Report Year Filed Date 2022 04/25/2022 2023 04/18/2023 2024 04/13/2024 Document Images 04/13/2024 -ANNUAL REPORT 04/18/2023 -ANNUAL REPORT 04/25/2022 -ANNUAL REPORT 02/03/2021 -ANNUAL REPORT 06/17/2020 -ANNUAL REPORT 04/23/2019 -ANNUAL REPORT 06/26/2018 -ANNUAL REPORT 04/18/2017 -ANNUAL REPORT 02/24/2016 -ANNUAL REPORT 04/24/2015 -ANNUAL REPORT 02/24/2014 -ANNUAL REPORT 04/11/2013 -ANNUAL REPORT 04/30/2012 -REINSTATEMENT O4/Z7/201O -ANNUAL REPORT 05/04/2009 -ANNUAL REPORT 04/15/2008 -Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Unndh Uetwtmcni cf State,Divtwn or t.pr^urutfcu.'. 152 Division of Corporations Detail by Entity Name Florida Profit Corporation SUN EAGLE GENERAL CONTRACTORS CORPORATION Eiling information Document Number FEI/EIN Number Date Filed Effective Date State Status Last Event Event Date Filed Principal Address 12300 SW 130 St 105 MIAMI,FL 33186 Changed:04/13/2024 Mailing Address 12300 SW 130 St 105 MIAMI,FL 33186 Changed:04/13/2024 P08000038026 26-2433001 04/15/2008 04/14/2008 FL ACTIVE REINSTATEMENT 04/30/2012 Registered Agent Name &Address Lisette P.Garcia,Esq 2780 SW 87th Ave 100 MIAMI,FL 33165 Name Changed:04/11/2013 Address Changed:06/26/2018 Officer/Director Detail Name &Address Title President.Secretary Df/ejoi r of an oifinul hiair uj Florida arr/W Department cl State /Division pl Corporations I Search Records /Search Dy Entity Name / 153 CASTILLO,YAMIL 12300 SW 130 St 105 MIAMI,FL 33186 Title VP Castillo,Julian Christopher 12300 SW 130 St 105 Miami,FL 33186 Title Treasurer Castillo.Matthew 12300 SW 130 st 105 Miami,FL 33186 Annual Reports Report Year 2022 2023 2024 Filed Date 04/25/2022 04/18/2023 04/13/2024 Document Images 04'13/2024 -ANNUAL REPORT View image in PDF format r’-l'R.,2G23 -ANNUAL REPORT View image in PDF format 04/25/2022 -ANNUAL REPORT View image in PDF format 02/03/2021 -ANNUAL REPORT View image in PDF format 06/17/2020 -ANNUAL REPORT View image in PDF formal 04/23/2019 -ANNUAL REPORT View image in PDF format 06/26-2018 -ANNUAL REPORT View image m PDF format 04/18'2017 -ANNUAL REPORT View image in PDF format 02/24/2016 -ANNUAL REPORT View image in PDF format 64/24/2015 -ANNUAL REPORT View image in PDF formal 02/24/2014 -ANNUAL REPORT View image in PDF formal 04/11/2013 -ANNUAL REPORT View image in PDF format 04/30/2012 -REINSTATEMENT View image m PDF format 04/17/70,10 -ANNUAL REPORT View image in PDF format 05/04/2iT09 -ANNUAL REPORT View image in PDF format 04/15/2008 -Domestic Profit View image in PDF formal uepanment cf Stair.Peeler pt Tabulation Sheet Agency Name City of South Miami Bid Number ITB-(ITB) No. PR2025-06-0-2025/SK Bid Name MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS Bid Due Date 07/08/2025 10:00:00 Eastern Bid Opening Closed 3 responses found.online, offline, not submitting, not received Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .FSV Construction Company 07/08/2025 09:25:07 Eastern 8163 NW 60th St, Miami, FL, 33166 $397000.0000 0.0000 Bidding Document 2 .Sun Eagle General Contractors, Corp. 07/08/2025 09:55:54 Eastern 12300 SW 130 st, Unit 5, Miami, FL, 33186 $225779.2800 0.0000 Bidding Document 3 .Tower Contracting Corp. 07/08/2025 09:59:07 Eastern 1100 Atlantic Shores Blvc, 301, Hallandale, FL, 33009 $292640.0000 0.0000 Small Business Bidding Document 154 j Q z 1 z Bidder Bid Price Bid ACK. Bid CERT SOV Bidder Qualif.Ref.ADA Public Entity Crimes and Conflicts Non Coll. Affidavit BUS ENTITY Anti Coll.Scrutinized Company Drug free Workplace Non-Discr.Warranty Accept. Dispute Disclosure Debar SUN EAGLE $225,779.28 X X X X X X X X X X X X X X X X *TOWER CONST.$292,640.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A FSV CONST.$397,000.00 X X X X X X X X X X X X X X X X *TOWER CONST.NON-RESPONSIVE; MINIMUM BID DOCUMENTS NOT PROVIDED ITB PR2025-06: MURRAY PARK POOL RENO PERFORMANCE & PAYMENT BONDS AND PROOF OF INSURANCE IS A CONDITION OF AWARD NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER 155 156 SoutP’Miami THE CITY OF PLEASANT LIVING City of South Miami Reference Check Reference Respondent:MIAMI-DADE COUNTY PARKS &REC.:.JOSE LOPEZ JR. Project Description:The City is soliciting proposals from qualified firms for the professional resurfacing and repair of the swimming pool at the Murray Park Aquatic Center,located at 6701 SW 58 Place,South Miami,FL 33143.The scope of work includes site preparation,surface removal,coping and drain cleaning,resurfacing,tile replacement,waterproofing,joint sealing,lane markings,and restoration of the pool deck and surrounding areas. Firm:Sun Eagle General Contractors,Corp. Date:July 9,2025 1.Please provide a brief description of the scope.of work completed by the subject firm for Please rate questions 2 through 4 on a scale of 1 to 3,with 1 being the lowest and 3 being the highest.: 2. 21 How satisfied were you with the qualifications,experience,and professionalism of the subject firm’s personnel in fulfilling the contract requirements?(Please circle o^j 3.Did the subject firm keep you informed about the progress of the work,especially when special needs or issues arose?(Circle one)o12 157 SouthTMiami THE CITY OF PLEASANT LIVING 4.Please rate the quality of service provided by the subject firm.(Circle one) 2 5.Were there any change orders associated with your project?(Circle one)Yes or No If Yes,please indicate whether the change order(s)were initiated by the Contractor,the Owner,or Both.I 6.If presented with a similar opportunity in the future,would you consider hiring the subject firm to perform the work again?(Circle one/Ye^pr No 7.Is there anything we should consider while evaluating the subject firm for pool renovation improvements at Murray Park Aquatic Center? Title: Phone: t>ate:July .2025 Signature: Emai I Please return the completed form via email to:Steven Kulick,Chief Procurement Manager,at skulick@southmiamifl.gov City of South Miami Reference Check Reference Respondent: Miami-Dade County Transportation & PW: Renessa Gordon Project Description: The City is soliciting proposals from qualified firms for the professional resurfacing and repair of the swimming pool at the Murray Park Aquatic Center, located at 6701 SW 58 Place, South Miami, FL 33143. The scope of work includes site preparation, surface removal, coping and drain cleaning, resurfacing, tile replacement, waterproofing, joint sealing, lane markings, and restoration of the pool deck and surrounding areas. Firm: Sun Eagle General Contractors, Corp. Date: July 9, 2025 1. Please provide a brief description of the scope of work completed by the subject firm for your organization. Please rate questions 2 through 4 on a scale of 1 to 3, with 1 being the lowest and 3 being the highest.: 2. How satisfied were you with the qualifications, experience, and professionalism of the subject firm’s personnel in fulfilling the contract requirements? (Please circle one) 1 2 3 3. Did the subject firm keep you informed about the progress of the work, especially when special needs or issues arose? (Circle one) 1 2 3 158 $South ’Miami THE CITY OF PLEASANT LIVING 4. Please rate the quality of service provided by the subject firm. (Circle one) 1 2 3 5. Were there any change orders associated with your project? (Circle one) Yes or No If Yes, please indicate whether the change order(s) were initiated by the Contractor, the Owner, or Both. 6. If presented with a similar opportunity in the future, would you consider hiring the subject firm to perform the work again? (Circle one) Yes or No 7. Is there anything we should consider while evaluating the subject firm for pool renovation improvements at Murray Park Aquatic Center? Name: _______________________ Title: _______________________ Signature:_______________________ Phone: _______________________ Email:_______________________ Date: July , 2025 Please return the completed form via email to: Steven Kulick, Chief Procurement Manager, at skulick@southmiamifl.gov 159 $South ’Miami THE CITY OF PLEASANT LIVING City of South Miami Reference Check Reference Respondent: CITY OF MIAMI GARDENS: CHARLES ALLEN Project Description: The City is soliciting proposals from qualified firms for the professional resurfacing and repair of the swimming pool at the Murray Park Aquatic Center, located at 6701 SW 58 Place, South Miami, FL 33143. The scope of work includes site preparation, surface removal, coping and drain cleaning, resurfacing, tile replacement, waterproofing, joint sealing, lane markings, and restoration of the pool deck and surrounding areas. Firm: Sun Eagle General Contractors, Corp. Date: July 9, 2025 1. Please provide a brief description of the scope of work completed by the subject firm for your organization. Please rate questions 2 through 4 on a scale of 1 to 3, with 1 being the lowest and 3 being the highest.: 2. How satisfied were you with the qualifications, experience, and professionalism of the subject firm’s personnel in fulfilling the contract requirements? (Please circle one) 1 2 3 3. Did the subject firm keep you informed about the progress of the work, especially when special needs or issues arose? (Circle one) 1 2 3 160 $South ’Miami THE CITY OF PLEASANT LIVING 4. Please rate the quality of service provided by the subject firm. (Circle one) 1 2 3 5. Were there any change orders associated with your project? (Circle one) Yes or No If Yes, please indicate whether the change order(s) were initiated by the Contractor, the Owner, or Both. 6. If presented with a similar opportunity in the future, would you consider hiring the subject firm to perform the work again? (Circle one) Yes or No 7. Is there anything we should consider while evaluating the subject firm for pool renovation improvements at Murray Park Aquatic Center? Name: _______________________ Title: _______________________ Signature:_______________________ Phone: _______________________ Email:_______________________ Date: July , 2025 Please return the completed form via email to: Steven Kulick, Chief Procurement Manager, at skulick@southmiamifl.gov 161 $South ’Miami THE CITY OF PLEASANT LIVING Member Name City of South Miami Bid Number ITB-(ITB) No. PR2025-06-0-2025/SK Bid Name MURRAY PARK AQUATIC CENTER POOL RENOVATION IMPROVEMENTS 39 Planholder(s) found 809 NOTIFIED SupplierName FullNameEmail Address1 City State Code DeclaredAttributes AECOM Technical Services, Inc.Ann Rhodesann.rhodes@aecom.com1625 Summit Lake Drive Tallahassee FL 32317 All Pro Restoration Services LLC Alejandro Velasquezclaims@allprorestoration911.com13331 SW 132 Ave Tampa FL 33186 BDI Marine Contractors LLC Stephen Zippiestimating@bdimarineandsite.com11718 SE Federal 1 Hobe Sound FL 33455 Small Business Blalock Plumbing llc DENNIS BLALOCKblalockplumbingllc@gmail.com1391 NW 18th ST Homestead FL 33030 Hispanic Owned, Small Business, Woman Owned Century Builders & Restoration Inc Mendy KorfMendy@centuryb-r.com1257 Alton Rd Miami Beach FL 33139 Commercial Energy Specialists, LLC (CES)Remy Bakerrbaker@cesmail.org 952 Jupiter Park Lane, Suite 1 Jupiter FL 33458 Hispanic Owned CONEMCO ENGINEERING, INC.Jose Compresbusinessdevelopment@conemco.com250 SW 87th Path Miami FL 33174 Hispanic Owned, Small Business ConstructConnect ConstructConnect Bid Opportunitiescontent@constructconnect.com3825 Edwards Rd Cincinnati OH 45209 construction 95 llc David Shagalovoffice@construction95.com 4810 Northwest 65th Avenue Fort Lauderdale FL 33319 Coreland Construction Corp.Nestor Hernandezbids@corelandconstruction.com13611 South Dixie Highway Miami FL 33176 Small Business, Woman Owned DeJa Blue Pools Dashia Bluemain@dejabluepools.com Clarcona FL Demcon Group, LLC Thomas McConnellthomas@demcongroup.com4671 NBW 103rd Ave Fort Lauderdale FL 33351 Diaz, Carreno, Scotti & Partners, Inc.Vicky Vegavvega@dcsp-ae.com12124 SW 131 AVE MIAMI FL 33186 Hispanic Owned, Small Business Dodge Data Bonny Mangolddodge.docs@construction.com 2860 S State Highway 161, Suite 160 #501 Arlington TX 75052 Edifica LLC Ricardo Mejiarmejia@edificaconstruction.comPO BOX 824008 Pembroke Pines FL 33082 Hispanic Owned, Small Business Emerald Construction Corp.Ramiro Gamezramiro@emeraldconstructioncorp.com1086 NW 1ST CT Dania Beach FL 33009 Hispanic Owned, Woman Owned Family Pools Inc.Frank Russofamily_pools@yahoo.com873 SW South Macedo Blvd. Port Saint Lucie FL 34983 Florida Lemark Corporation Heidi Colettohpabon@floridalemark.com8750 NW 36 ST Miami FL 33178 Hispanic Owned, Small Business, Veteran Owned 2 Document(s) found for this bid 162 FSV Construction Company Andres Sanchezinfo@fsvconstruction.com8163 NW 60th St Miami FL 33166 Gh-Builders Inc Christian Veracveraghb@gmail.com6405 NW 36 ST Miami FL 33166 Gulf Building Giovanna Alessigioa@gulfbuilding.com 1121 East Broward Boulevard Fort Lauderdale FL 33301 H.A. CONTRACTING CORP.HENRY ANGELOHENRY@HACONTRACTING.COM9500 N.W. 12 ST., BAY 1 Miami FL 33172 Small Business Howell Fencing Grant Howellbids@howellfence.com1410 Alvarez Dr Saraland AL 36571 Industry Grade Construction Group Yes Diazyes@industrygcg.com 1201 N Federal Hwy 2A #7562 Fort Lauderdale FL 33338 John Bell Construction, Inc.Jazz Machinjazz@johnbellconstruction.com4000 SW 60 CT Miami FL 33155 Lunacon Construction Group Patricia Bonillapbonilla@lunaconcorp.com16890 S. Dixie Highway Miami FL 33157 Millennium Roofing LLC Alon Oamiinfo@mroofers.com16499 NE 19th Ave North Miami Beach FL 33162 Onvia, Inc. - Content Department Content Source Managementsourcingsupport@deltek.com509 Olive Way, Suite 400 Seattle WA 98101 PoolCorp Gary Ciakgary.ciak@poolcorp.com10287 Villa Palazzo Court Tampa FL 33615 Power Washing And More Scott Peskinbrooke@powerwashingandmore.com49 N. Federal Hwy Pompano Beach FL 33062 Restopro770 Lior Sebagprocurement@restopro770.com4545 NW 103 AVE Fort Lauderdale FL 33351 Hispanic Owned, Small Business, Woman Owned Sun Eagle General Contractors, Corp.yamil castilloyamil@suneaglegc.com12300 SW 130 st Miami FL 33186 Team Contracting, Inc.Daniel Gelldgell@team-contracting.com13911 SW 42nd Street Miami FL 33175 TechGroupOne, Inc Juan C Maggicontractor@techgroupone.com8504 Nw 66th Street Miami FL 33166 Hispanic Owned, Small Business Tower Contracting Corp.Timothy Smitht@towercc.org 1100 ATLANTIC SHORES BLVD Hallandale FL 33009 Small Business Tropic Landscaping & Lawn Maintenance, Inc Joann Sharpetropiclsn@gmail.com24395 SW 162nd Ave HOMESTEAD FL 33031 Waypoint Contracting, Inc Manny Vecininfo@waypointci.comPO BOX 558482 Miami FL 33255 West Construction, Inc. & West Architecture + Design, LLC Racquel Barrettrbarrett@westconstructioninc.net820 North 4th Street Lantana FL 33462 X10 Construction Andrei Pushkaroucgc1534373@gmail.com100 Bayview Dr APT 605 North Miami Beach FL 33160 163 Document Number FEI/EIN Number Date Filed State Status Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation SUN EAGLE GENERAL CONSTRUCTION INC. Filing Information P10000008611 N/A 01/28/2010 FL ACTIVE Principal Address 548 WEST 28 STREET HIALEAH, FL 33010 Changed: 03/22/2011 Mailing Address 548 WEST 28 STREET HIALEAH, FL 33010 Changed: 03/22/2011 Registered Agent Name & Address SARDUY, RICARDO 548 WEST 28 STREET HIALEAH, FL 33010 Name Changed: 03/21/2011 Address Changed: 03/21/2011 Officer/Director Detail Name & Address Title P SARDUY, RICARDO 548 WEST 28 STREET HIALEAH, FL 33010 Title CEO D C Florida Department of State 7/8/25, 11:39 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=SUNEAGL…1/2164 DrmoM of **^>n,^an official Satie of Florida wehd/e Sarduy, Melissa 548 WEST 28 STREET HIALEAH, FL 33010 Annual Reports Report Year Filed Date 2023 01/31/2023 2024 03/12/2024 2025 02/13/2025 Document Images 02/13/2025 -- ANNUAL REPORT View image in PDF format 03/12/2024 -- ANNUAL REPORT View image in PDF format 07/05/2023 -- AMENDED ANNUAL REPORT View image in PDF format 01/31/2023 -- ANNUAL REPORT View image in PDF format 04/05/2022 -- ANNUAL REPORT View image in PDF format 03/19/2021 -- ANNUAL REPORT View image in PDF format 01/17/2020 -- ANNUAL REPORT View image in PDF format 04/30/2019 -- ANNUAL REPORT View image in PDF format 07/19/2018 -- ANNUAL REPORT View image in PDF format 04/24/2017 -- ANNUAL REPORT View image in PDF format 04/19/2016 -- ANNUAL REPORT View image in PDF format 02/21/2015 -- ANNUAL REPORT View image in PDF format 03/04/2014 -- ANNUAL REPORT View image in PDF format 03/07/2013 -- ANNUAL REPORT View image in PDF format 04/10/2012 -- ANNUAL REPORT View image in PDF format 03/22/2011 -- ANNUAL REPORT View image in PDF format 03/21/2011 -- Reg. Agent Change View image in PDF format 01/28/2010 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations 7/8/25, 11:39 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=SUNEAGL…2/2165 548 WEST 28 STREET HIALEAH, FL 33010 Current Principal Place of Business: Current Mailing Address: 548 WEST 28 STREET HIALEAH, FL 33010 Entity Name: SUN EAGLE GENERAL CONSTRUCTION INC. DOCUMENT# P10000008611 FEI Number: NOT APPLICABLE Certificate of Status Desired: Name and Address of Current Registered Agent: SARDUY, RICARDO 548 WEST 28 STREET HIALEAH, FL 33010 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 Officer/Director 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 an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Officer/Director Detail Date FILED Feb 13, 2025 Secretary of State 0495008239CC RICARDO SARDUY P 02/13/2025 2025 FLORIDA PROFIT CORPORATION ANNUAL REPORT Yes Title P Name SARDUY, RICARDO Address 548 WEST 28 STREET City-State-Zip:HIALEAH FL 33010 Title CEO Name SARDUY, MELISSA Address 548 WEST 28 STREET City-State-Zip:HIALEAH FL 33010 166