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Res No 040-24-16145RESOLUTION NO. 040-24-1614S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND A WARDING A CONTRACT FOR CONSTRUCTION TO WESTERN WATERPROOFING COMPANY OF AMERICA D/8/A WESTERN SPECIALTY CONTRACTORS OF AMERICA FOR THE MUNICIPAL PARKING GARAGE PRIORITY 1 STRUCTURAL AND WATERPROOFING REPAIRS (PROJECT) IN THE AMOUNT OF $203,896.39; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CONSTRUCTION FOR THE PROJECT; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. WHEREAS, on September 27, 2023, Kimley Horn and Associates, Inc. provided the City of South Miami ("City") with a Structural Condition Assessment (the "Report'') of the 2007 Municipal Parking Garage (the "Garage"), which Report found the Garage had cracks and spalls on the concrete floor, walls and beams, exposed rebar, corroded steel elements, deck coating and damaged wheel stops; and WHEREAS, on February 15, 2024, the City issued Invitation to Bid No. ITB#PW2024- 02 (the nITB") for the Municipal Parking Garage Priority I Repairs (the "Project"), which includes repairs to the Garage necessary to address the delaminated concrete, waterproofing sealants and deck coating, conoded steel elements and damaged wheel stops; and WHEREAS, the City had plans and specifications developed by Kimley-Hom for the Project; and WHEREAS, on March 21, 2024, the City received a total of eleven ( 11) bids in response to a solicitation; and WHEREAS, Western Waterproofing Company of America d/b/a Western Specialty Contractors of America (the "Contractor'') submitted the lowest, responsive and responsible bid in the amount of $203,896.39; and WHEREAS, the City Commission desires to select the Contractor for construction of the Project and authorize the City Manager to enter into a contract for construction, in substantially the form attached hereto as Exhibit "A" (the "Contract"), for the Project in an amount not to exceed $203,896.39; and WHEREAS, Project costs in the amount of $203,896.39 shall be charged to the Capital Improvement Program Fund account number 30 l-1790-519-6450, which has a balance of $1,903,552.58 prior to this request, or such other funding source as determined by the City Manager to be in the best Interest of the City; and Page 1 of2 Res. No. 040-24-16145 WHEREAS, the City Commission finds that the Project and thi s Resolution are in the best interest and welfare of the City. • NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals . The above-stated recitals arc h·ue and c01i-ect and are incorporated herein by this reference. Section 2. Selection. The City Commission here by selects the Contractor and awards the Contractor the C ontract for the Project. Section 3. Authorization. The C ity Commission hereby authorizes the C ity Manager to enter into the Co ntract, in substantially the fom1 attached he reto as Exhibit "A," with the Contractor for the Project in an amount not to exceed $203,896.39, subject to the approval of the City Attorney as to form, content, and legal sufficiency. The Project costs in the amount of $203,896.39 shall be charged to the Capital Improve ment Program Fund account number 301- 1790-519-6450, which has a balance of $1,903,552 .58 prior to this re que st, or s uch other funding source as d etennined by the City Manage r to be in the best interest of the City. Section 4. Implementation. The City Manager is hereby authorized to take any and all action ne cessary to implement the Project and th e purposes of this R esolution. Section 5. Corrections. Conforming langu age or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to b e inc orporated into the final resolution for s ignature. Section 6. a doption. Effective Date. This Resolution shall become effective immedi ately upon PASSED AND ADOPTED thi s 2nd day of April, 2 024. ATTEST: ') :~:f APPROVED AS TO FORM, LANGUAGE, LEGALITY, AND EXECUTION Tp WEISS SEROT A HELFMAN COLE & BIERMAN, P.L. CITY ATTORNEY ~ AYOR COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commi ssioner Calle: Commi ss ioner Corey: Commiss ioner Liebman: Page 2 of2 4-0 Yea Yea Yea Yea Absent Agenda Item No:4. City Commission Agenda Item Report Meeting Date: April 2, 2024 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND AWARDING A CONTRACT FOR CONSTRUCTION TO WESTERN WATERPROOFING COMPANY OF AMERICA D/B/A WESTERN SPECIALTY CONTRACTORS OF AMERICA FOR THE MUNICIPAL PARKING GARAGE PRIORITY 1 STRUCTURAL AND WATERPROOFING REPAIRS (PROJECT) IN THE AMOUNT OF $203,896.39; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CONSTRUCTION FOR THE PROJECT; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PUBLIC WORKS & ENGINEERING DEPT.) Suggested Action: Attachments: Memo-Pkg_Gar_Prio1Rprs3-25-24pwd.docx 48H1294-Reso Approving Contract for Construction Parking Garage Repairs CAv2.DOCX 48H1198-Contract for Construction Parking Garage Repairs CAv2.DOCX 2023-09-27 CSM Municipal Parking Garage - Condition Assessment Report. FINAL.pdf Western Speciality Bidding Document.PDF v2FINAL ITB South Miami Municipal Parking Garage Repairs 2.15.24.pdf Bid Tabulation - ITB PW2024-02 3.21.24.pdf Proposal Summary ITB PW2024-02 3.21.24.pdf Demand Star ITBPW2024-02 3.21.24.pdf AD-MIA04_2024-02-25_3030.pdf Sun Biz Western Waterproofing Company.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Genaro “Chip” Iglesias,City Manager DATE:Tuesday, April 2, 2024 SUBJECT:Municipal Parking Garage Priority 1 Structural and Waterproofing Repairs ($203,896.39) RECOMMENDATION:Award Western Waterproofing Company of America the contract for construction for Priority 1 structural and waterproofing repairs in the City’s Municipal Parking Garage. BACKGROUND:On September 27, 2023, the City of South Miami received a Structural Condition Assessment of the 2007 Municipal Parking Garage from Kimley Horn and Associates, Inc.The findings revealed deficient items with a more immediate impact to the functionality of the building systems that were recommended to be addressed within 6 months (Priority 1)such as cracks and spalls on the concrete floor, walls and beams, exposed rebar, corroded steel elements, deck coating and damaged wheel stops. The City developed plans and specifications to address Kimley Horn’s findings. PROCUREMENT PROCESS:On February 15, 2024, through the Procurement Division, the City’s Public Works & Engineering Department issued a solicitation (ITB#PW2024-02) for Priority 1 structural and waterproofing repairs. On March 21, 2024, the City received a total of eleven (11) proposals in response to the solicitation. Pursuant to review, it was determined that Western Specialty Contractors of America is the most cost effective and responsible bidder for this proposal. Below are the top three proposals received: VENDOR &EXPENSE:Western Specialty Contractors of America Proposal/contract amount shall not exceed $203,896.39 Contractor Bid Price Western Specialty Contractors of America $203,896.39 A & D Restoration $205,884.00 Quick Painting Group $238,723.40 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM FUND &ACCOUNT:The expenditure shall be charged $203,896.39 to the Capital Improvement Program Fund account number 301-1790-519-6450 which has a balance of $1,903,552.58 prior to this request. ATTACHMENTS:Resolution Municipal Garage Structural Condition Assessment FINAL by Kimley-Horn and Associates, Inc., dated September 27, 2023. Western Specialty Contractors of America Bid Documents Final ITB PW2024-02 Bid Tabulation – ITB#PW2024-02 Proposal Summary ITB#PW2024-02 Demand Star ITB#PW2024-02 AD ITB#PW2024-02 Sun Biz 3 CONTRACT FOR CONSTRUCTION T HJ S CQNT~CT FOR CONSTRUCTION (this "Contract") is made this l 2 h ay of_ APRIL J, 2024 (the "Effective Date") by and between the CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal corporation, (the "City"), and WESTERN WATERPROOFING COMPANY OF AMERICA, A Missouri Corporation, D/B/A WESTERN SPECIALTY CONTRACTORS OF AMERICA (the"Contractor"). WHEREAS, the City issued Invitation to Bid No. PW2024-02 (the "ITB") for construction of CITY OF SOUTH MIAMI MUNICIPAL PARKING PRIORITY 1 GARAGE REPAIRS -LOCATED AT 5829 SW 73rd STREET, SOUTH MIAMI, FL 33143 (the "Project"), which 1TB is incorporated herein by reference and made a part hereof; and WHEREAS, in response to the City's 1TB, 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 $203,896.39 in response to the ITB and was selected and awarded this Contract pursuant to Resolution No. R040-24-l6245 performance of the Work ( as hereinafter defined); and WHEREAS, Contractor has represented to the City that it possesses the nccessaiy qualifications, experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the terms and conditions set f01ih in this Contract. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Contractor and the City agree as follows: I. SCOPE OF WORK 1.1. Scope of Work. Contractor hereby agrees to furnish all of the labor, materials, equipment, se1vices and incidentals necessary to perform all of the work described in th e Contract Documents (the "Work" or the "Project") including, without limitation as described in the approved plans, drawings and/or specifications prepared by Kimley Horn (the "Project Consultant") attached hereto as Exhibit "A" (the "Plans") and any other documents incorporated herein by reference and made a part of this Contract for the following Project: CITY OF SOUTH MIAMI MUNICIPAL PAR10NG GARAGE PRIORITY 1 REPAIRS LOCATED AT 5829 SW 73RD STREET, SOUTH MIAMI, FL 33143 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 Conh·actor must submit its project schedule and schedule of values, if applicable, prior to this conference. I of 27 I of 145 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 (I 0) calendar days from the date this Contract is executed by both paiiies 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 r~jection 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 .pdfformat. 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 ce1iify in writing that the As-Built Record Drawings are conect and accurate, including the actual location of all infrastmcture, 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 strnctures 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 tmderground utilities and appurtenances referenced to permanent smface 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 din1ensions 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 lo Contractor's records and shop drawings. 1.4.1.9. Specifications and Addenda: Legibly mark each section to record: 2 of 27 2 of 145 I .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 instrnctions or by Change Order. 1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical system and instrumentation system. 1.4.1.10.1. As-built documents must be updated monthly as a condition precedent to payment. A final survey signed and sealed by a surveyor must be provided to the City at no additional cost, including digital l (CAD and PDF) versions. 1.4.1.1 0.2. 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 rumotated to show all changes made during constrnction. 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 cleru1, and all changes, c01Tections 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 pe1fo11ned. Contractor must submit one copy of each photograph in print and digitally. The photographs must be printed on 8" X 1 0" 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 tlu-ough 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 cleru· plastic sleeve. Subsequent prints are to be submitted in clear plastic sleeves that can be added to the binder. The tlu·ee-ring binder must be of such size to be able to hold all print pictmes. 1.5. Staging Site. 1.5.1. The Contractor is solely responsible for making all arrangements for any staging site(s) that may be necessaiy for the pe1formance of the Work and the Conh·actor is 3 of 27 3 of 145 responsible for all site security, including any fencing of the site, and any loss, damage or theft to its equipment and materials . Any fencing of the Staging Site is subject to the prior written approval of the City. 1.5.2. The City at its sole discretion may make a staging site available for use by the Contractor . If such site is made available by the City, the City assumes no responsibility or liability for the equipment or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or theft to its equipment and materials. The Contractor must restore the site to its pre-existing condition prior to the Contractor's use of the site. 1.5.3. The Contractor may be required to provide or may choose to use an office trailer for the duration of the Project. The Conh·actor 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 Delive1y, 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 mater:ial(s). Conh·actor must make all arrangement for delive1y . Conh·actor is liable for replacing any damaged equipment or rnaterial(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 Conh'actor shall provide at least fornteen (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 instrncted 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 Conh·act. 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 elate specified in the Notice to Proceed ("Contract Time"). Substantial Completion shall be defined for lhis 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 ninety 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 . 4 of 27 4 of 145 2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within the Contract Time, Contractor shall pay to City the sum of $980.00 SUBSTANTIAL COMPLETION LIQUIDATED DAMAGES for each calendar day after the expiration of the Contract Time that the Contractor fails to achieve Substantial Completion up until the date that the Contractor achieves Substantial Completion. Upon failure of Contractor to fully complete the Work and achieve Final Completion within the Final Completion Time, Contractor shall pay to City the sum of $980.00 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 patties 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 authodzcd 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 inunediately 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 $203,896.39 for the pe1fonnance 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 confonnity 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 (I 0) 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. 5 of 27 5 of 145 Any rejection shall specify the applicable deficiency and necessaiy 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 1 oth 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. Paitial 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 govenunental 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 reconunended 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; 6 of 27 6 of 145 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 wananties; 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 ofliens 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 rnbbish 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, lo protect the City from loss for which the Contractor is responsible in the event that: 3.6.1. The Contractor performs detective 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 com1ection 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 he 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; 7 of 27 7 of 145 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 films 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 subconh·actors 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 pe1fonnance 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 subconh·actor costs, including any early payment or similar discounts (the "Cost Savings"), shall revert to the City. The Conh·act 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 ContractPrice. 3.9.2. Value Engineering. Contractor shall pa1ticipate 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 c01mection with Value Engineering of the Work shall revc1t 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 Conh·act for Constmction (including any change orders and amendments thereto), the Plans and Specifications attached hereto as Exhibit "C" (the "Plans and Technical Specifications"), the 1TB 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 Ce1tificates, the Notice of Award, and the Notice to Proceed, all of which are deemed incorporated into and 8 of 27 8 of 145 made a pmt 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 patties 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 authoiization. 4.4. Conflicts; Order of Priority. This document without exhibits is refened 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. Fomth Priority: Exhibit "B," the Bid; and 4.4.S. 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 ofreasonable attorneys' fees and costs in the defense of any claim made under the 9 of 27 9 of 145 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. TNSURANCE AND BONDS 6.1. Insurance. 6.1.1. Contractor shall secure and maintain tluoughout 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. Ce1tificatcs oflnsurance 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 ce1tificate 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 Prope1ty Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to prope1ty lUlder 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: htl ps ://ww,,v.m y floridacfo .c o rn /D ivi s io n/wc/PublicalionsFormsManualsReports/Broc hurcs/Ke y-Covcrag c-ancl -Eli g i b i lily .pelf. Exemptions ma y be applied for online through the Florida Department of Financial Services, Divi sion of Workers' Compensation at: htt ps ://www.m v florida c fo .com /Divi s ion /wc /Em plo yer/E xem ptions/clefault.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 IO of 27 10 of 145 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: 181. 6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any po1tion 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 Dale 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 ce1tified 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 su~ject 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 primaty 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. 11 of 27 11 of 145 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 ohtain and thereafter at all times during the pcrfmmance 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 ban.la'upt 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 25S.0S(l)(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. I. I . 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 pennits 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 (orassumes 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, 12 of 27 12 of 145 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 docs 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 lmown 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 maimer, free from defects, and that al I 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 pai1s 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 recove1y 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 sh011ages, 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 fm1her specifically represents and warrants that it has considered all impacts and potential impacts, including any current and future supply chain disruptions and labor shortages, associated with the following events: (1) worldwide pandemics including, but not limited to, COVID-19 and Monkey Pox (the "Pandemics") and (2) the current military conflict involving Russia and the Ukraine (the "Ukraine Military Conflict"). Contractor also represents and warrants that in determining time requirements for procurement, installation, and construction completion, Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the Ukrnine 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 13 of 27 13 of 145 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 conunission, percentage, brokerage orconiingent 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 cmTect 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 dcsignee, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be 14 of 27 14 of 145 necessruy 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 necessmy repairs promptly and fully, City may declare Conh·actor 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 fornished provide for a longer warranty, then the Conh·actor shall transfer such warranty to the City prior to Final Completion. Nothing contained herein shall be constrned to establish a period of limitation with respect to any other obligation which Contractor might have under the Conh·act 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 pe1fonn the Work with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the Work within the Conh·act 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 f 01th in the Conh·act Documents or if Contractor shall become insolvent or be declared bankrupt, or conunit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not canyon the Work in an acceptable manner, City may, upon seven (7) days after sending Contractor a written Notice of Te1mination, 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 fmther 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 Conh·actor. In case the damages and expenses so incurred by City shall exceed monies due Conlraclor from City, Contractor shall be liable and shall pay to City the amount of said excess promptly upon demand therefore by City. In the event it is adjudicated that City was not entitled to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed terminated by City for convenience as described below. 8.2. Termination for Convenience. This Contract may be terminated by the City for convenience upon seven (7) calendar days' written notice to the Contractor. In the event of such a termination, the Contractor shall incur no further obligations in connection with the Project and shall, to the extent possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly submit to the City its Application for Payment for 15 of 27 15 of 145 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. (i) Termination Due to Lack of Funding. This Contract is subject to the conditions precedent that: City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract P1ice; (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 hy 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. 8.4. No Damages for Delay. No claim for damages or any claim, other than for an extension of time shall be made or asse11ed 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, inte1ference or hindrance from any cause whatsoever, whether such delay, disrnption, interference or hindrance be reasonable or umeasonable, 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 resultingdelay. 8.S. 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. 8.6. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation. 8.7. 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 16 of 27 16 of 145 or value of the Work shov-m 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 Prqject 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 necessaiy 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 an1otmt 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. IO. MISCELLANEOUS I 0.1. No Assignment. Neither patty 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. I 0.2. Contractor's Responsibility for Damages and Accidents. I 0.2.1. Conh'actor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by City and shall promptly repair any damage done from any cause. I 0.2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. 10.3. Governing Law. This Contract shall be construed in accordance with and governed by 17 of 27 17 of 145 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 . I 0.4. Waiver of Jury Trial. CITY AND CONTRACTOR KNOWIN GLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HA VE TO A TRJAL BY JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION, ARIS IN G OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY. I 0.5. Prevailing Party; Attorneys, Fees. In the event of any controversy, claim, dispute or litigation between the parties arising from or relating to this Contract (including, but not limited to, the enforcement of any indemnity provisions), the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs, expenses, paralegals' fees, experts' fees and attorneys' fees including, but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated with discovery, processing, management, hosting, and production of electronically stored information (ESI). I 0.6. Compliance with Laws. The Conh·actor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in canying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to pe1form the Services under this Agreement at its own expense . Any 111andato1y clauses which are required by applicable law shall be deemed to be incorporated herein . I 0. 7. Examination and Retention of Contractor,s Records. I 0. 7. I. The City or any of its duly authorized representatives shall, for five (5) years after final payment under this Contract, have access to and the right to examine any of the Conh·actor's books, ledgers, documents, papers, or other records involving transactions related to this Contract for the purpose of making audit, examination, excerpts, and h·anscriptions. ln addition, the Contractor agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes . I 0. 7 .2. The Contractor agrees to include in any subcontractor contracts for this Project coITesponding provisions for the benefit of City providing for retention and audit of records. I 0. 7 .3. The right to access and examination of records stated herein and in any subcontracts shall survive termination or expiration of this Contract and continue until disposition of any mediation, claims, litigation or appeals related to this Project. I 0.7.4. The City may cancel and terminate this Contract in1mediately 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. I 0.8. Authorized Representative. I 0.8.1. 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 18 of 27 18 of 145 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. I 0.8.2. The Authorized Representative, project managers, superintendents and supervisors for the Project are all subject to prior and continuous approval of the City. If, at any time during the te1m 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 pers01mel acceptable to the City. I 0.9. Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds the City harmless from any liability on account of any and all such taxes, levies, duties and assessments. I 0.10. Utilities. 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. I 0.1 I. 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. I 0.12. Cleaning Up. Contractor shall, at all times, at its expense , keep its Work areas in a neat, clean and safe condition. Upon completion of any portion of the Work, Contractor shall promptly 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. I 0.13. Liens. Contractor shall not permit any mechanic's, laborer's or materialmen's lien to be filed against the Project site or any pait 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 19 of 27 19 of 145 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 Comi 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 inctlll'ed in connection therewith. I 0.14. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes, and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any required affidavit. I 0.1 5. Independent Contrnctor. 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. I 0.16. 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 ce1iified 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 th.is Contract or such other address as the pa1ty may have designated by proper notice. I 0.17. Ownership and Access to Records and Audits. I 0.17.1. Contractor acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all 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). I 0.17.2. Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Contract. 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 .070 I, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Contract, and following completion of the Contract until the records are transferred to the City. I 0.17.3. Upon request from the City's custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by 20 of 27 20 of 145 Chapter 119, Florida Statutes, or as otherwise provided by law. I 0.17 .4. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Contract are and shall remain the property of the City. I 0.17.5. 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. I 0.17.6. Any compensation due to Contractor shall be withheld until all records are received as provided herein. I 0.17.7. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Contract by the City. I 0.17.8. Notice Pursuant to Section 119.0701(2)(a), Flm·ida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Mailing address: Telephone numhcr: Email: Nkenga "Nikki" Payne, CMC, FCRM 6130 Sunset Drive South Miami, FL 33143 305-663-6340 N Payn c(msouthm iam ifl.gov 10.18. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-V crify system. The contracting entity must provide of its proof of emollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit: hllps://www.e-vcrit\1 .gov /fa g/how-clo-i-provide-proof-of-my- parti cipationcnrollrnent-in-c-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. I I. 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 21 of 27 21 of 145 transaction and are transaction specific: I 1.1. Unsatisfactory Personnel. I I . I . I. 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 . I 1.1.2. 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 pmsuant to the requirements of the Contract Documents. The Contractor must respond to the City with.in 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 dete1mination as to the removal of unsatisfactmy personnel from the Work. The Contractor agrees that the removal of any of such individual(s) does not require the termination or demotion of saidindividual(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 pe1formcd 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 ptior written approval of the City. 11.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law, or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic ("MOT") must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as fmther 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 necessaiy to protect the public and work.men from hazards with the Project limits. Pedeshfan and vehicular traffic must be maintained and protected at all times. Prior to conunencement 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 aiticle, material, anangement, appliance, or method that may be used upon or in any manner be c01mected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. I 1.5. Substitutions. Substitution of any specified material or equipment requires the prior written acceptance of the Project Consultant. It is the sole responsibility of the Conh·actor to provide sufficient information and documentation to the Project Consultant to allow for a thorough review and detennination 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 . 22 of 27 22of145 11.6. Severe Weather Preparedness. During such periods of time as are designated hy 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 stonn event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as non-compensable, excusabledelay. 11. 7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the Work may be fully or pattially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act ("ARPA"). Towards that end, the Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARP A, as further detailed in the ARP A Contract Conditions. If compliance with the ARPA Addendum is required, the City shall select this box: ~- 11.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially fonded 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:□. 11.9. DBE Contract Assurance. 11.9.1. The City affirms it has encouraged women-owned, minority-owned, and disadvantaged businesses of the Project and be responsive to the oppo1tunity of the award of this Contract. 11.9.2. Contractor, or any subcontractor performing Work under this Contract, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the City deems appropriate. I 1.10. Scrutinized Companies. I 1.10.1. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is 23 of 27 23 of 145 engaged in the boycott of Israel during the term of the Agreement. I 1.10.2. If this Agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287 .135, F.S ., the City may immediately terminate this Agreement at its sole option if the Contractor, its affiliates, or its subcontractors are found to have submitted a false ce1tification; 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. I 1.10.3. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. I 1.10.4. As provided in Subsection 287 .135(8), F .S ., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative . [RE MAINDER OF PAGE LEFT BLANK; SIGNATURE PAGES FOLLOW] 24 of 27 24 of 145 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as first stated above. By:__.~ Genaro "Chi ' Iglesias City Manager Attest: By: --+tll----A----------- Nkenga "N 1e, CMC, FCRM City Clerk Approved as to form and legal sufficiency: By:~..,,_._...:.=-=::::.>..<..:.>~------- Wei City Attorney Addt·esses for Notice: Genaro "Chip" Iglesias City of South Miami Attn: City Manager 6130 Sunset Drive South Miami, FL 33143 305-668-25 IO (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: .A, ~, J flrxrf /v..w ::,l Title: ~ 1tA: l\)c., t\ \:1 ~t\JALc! ]L Entity: -=5_C-6 __ u _____ _ With a copy to: ___________ (telephone) ___________ (email) 7lfiQf,~IJl 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 £On ~racting entity mus f"provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/emollment in E-Verify, please visit: h tt ps :/ /www .e-veri fy . gov /fa g/how-cl o-i-provi clc-proof-of-mv-parl ici pationenro 11 ment-in-e- veri fy 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. Y check here to confirm proof of enrollment in E-V crify has been attached to this Affidavit. In the presence of: At1J~;.1 /4.,,J,J.,.~ Signed, sealed and delivered by : N~sle111 }#t-it,!lt ~1elef Witness #1 PrintName a,'f\h, 6r,l1Al PrintName: 4-,~ ~Iv.,, d Title: !)fJ\Nl~ tf NJ/tb£fL Witness #2 Print Name: ~ Entity Name: ... 5'----'c"""""_o_fl_,__P _____ _ ACKNOWLEDGMENT State of Flo.tj.da County of D f2.i>lrvAt D The foregoing instrument was ack.nowled~d before me by means of ~hysical presen on line notarization, this 1,., tJ day of HI\J/ , 20 t. 'I , by ~ ........ ="'-"~""-L:C--+.µ.""-""',-....,:'-'-'=---- (name of person) as Y>fAN £..i\ 111\\'JN,.,Eg, (type of authority) for ~~=~- ___ (name of party on behalf of whom instrument is executed). ~t. '°' l +-y C <)\"\ f rt.c,¼r 5 ~rsonally !mown to me; or Notary Public (Print, Stamp, or Type as Commissioned) ___ Produced identification (Type of Identification: _________ _, ___ Did take an oath; or ___ Did not take an oath Notary Public State of Flor ida Yolande B Mahonec __.~.,_ My Commission _HH 357688 Expires 5 129/2027 AMERICAN RESCUE PLAN ACT ADDENDUM TO CONTRACT FOR THE CITY OF SOUTH MIAMI MUNICIPAL GARAGE REPAIRS BETWEEN THE CITY OF SOUTH MIAMI AND WESTERN WATERPROOFING OF AMERICA DBA WESTERN SPECIALTY CONTRACTORS OF AMERICA THIS ADDENDUM to the Western Waterproofing of America dba Western Specialty Contractors of America, (the "Addendum") is entered into as of the 2 day of April, 2024 (the "Effective Date of this Addendum"), by and between the CITY OF SOUTH MIAMI, a Florida municipal corporation, (the ·'City") and Western Waterproofing of America dba Western Specialty Contractors of America, a Florida Contractor if out of state entity, add and confirm that the entity is: authorized to do business in Florida] (hereinafter, the "Contractor"). Collectively, the City and the Contractor are referred to as "Parties." WHEREAS, on April 2, 2024, the City entered into a Construction Contract (the ·'Agreement") with the Contractor for the Construction Services related to the CITY OF SOUTH MIAMI MUNICIPAL GARAGE REPAIRS (the "Project"), as further defined in the Agreement; and WHEREAS, on March 11, 2021, the federal government adopted the American Rescue Plan Act ("ARPA"), which, among other things, provides local governments with emergency COVID-19 funding; and WHEREAS, the City desires to utilize ARP A funding to implement the Project; and WHEREAS, in order to utilize ARP A funding for the Project, the City desires to incorporate federally required contract provisions relating to ARP A into the Agreement, as set forth in this ARP A Addendum; and WHEREAS, the City and Contractor wish to modify the terms of the Agreement in accordance with the terms and conditions set forth in this ARP A Addendum. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the City and Contractor agree as follows: 1 1. Recitals Incorporated. The above recitals are true and correct and incorporated herein. 2. American Rescue Plan Act Provisions. The Agreement is hereby amended by adding the following provisions to the Agreement: 2.1.Mandated Federal Agreement Conditions. 2.1.1. In connection with the performance of this Agreement, Contractor acknowledges that compensation for the Project services under this Agreement shall be fully or partially funded using the Coronavirus State and Local Fiscal Recovery Funds allocated to the City 1 Coding: StFil1et~reug~ 'NeFels are deletions to the existing words. Underlined words are additions to the existing words. 28 of 145 pursuant to the American Rescue Plan Act. As such, Contractor shall comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by the American Rescue Plan Act , including, but not limited to the following documents and guidelines, which are incorporated herein and made a part of this Agreement: ARPA Exhibit I.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), as applicable and as may be amended from time to time; ARPA Exhibit 2.The U.S. Department of the Treasury's Final Rule governing ARPA, dated January 27, 2022; ARPA Exhibit 3.U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds Award Terms and Conditions (Assistance Listing Number 21.019); ARPA Exhibit 4.The U.S. Department of the Treasury's Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions, dated April 27, 2022; ARP A Exhibit 5.American Rescue Plan Act Corona virus Local Fiscal Recovery Fund Agreement between the City and the State of Florida, Division of Emergency Management; ARPA Exhibit 6.The U.S. Department of the Treasury's ARPA Compliance and Reporting Guidance, dated June 17, 2022; and ARPA Exhibit ?.Assurances of Compliance with Civil Rights Requirements. A copy of the above-referenced documents are available for inspection by the Contractor at the Office of the City Clerk and at the following City link: ARP A Agreements and Docs 2.1.2. Title VI Requirements. Contractor acknowledges that the City has certified compliance with Title VI of the Civil Rights Act of 1964 to the U.S. Department of the Treasury on the form incorporated herein as ARP A Exhibit 7. Towards that end, Contractor shall ensure that performance of work in connection with this Agreement complies with the certifications and requirements contained in ARP A Exhibit 7 and shall also adhere to the following provisions: ( 1) The Contractor and its subcontractors, successors, transferees, and assignees shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement. 29of145 (2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor shall undertake an active program of nondiscrimination in its administration of the Work under this Agreement. 2.1.3. Americans with Disabilities Act Requirements. The Contractor agrees to comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and Local government services, and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against individuals on the basis of discrimination under any program or activity under this Agreement. 2.1.4. Age Discrimination Act off 975. Contractor shall comply with the requirements of 42 U .S.C. §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31 CFR Part 23 ), which prohibits the discrimination on the basis of age in programs or activities under this Agreement. 2.1.5. Protections for Whistleblowers. (1) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation oflaw, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (2) The list of persons and entities referenced in the paragraph above includes the following: i.A Member of Congress or a representative of a committee of Congress. ii.An Inspector General iii.The Government Accountability Office. iv.A Federal employee responsible for contract or grant oversight or management at the relevant agency. v.An authorized official of the Department of Justice or other law enforcement agency. vi.A court or grand jury. vii.A management official or other employee of the Contractor, subcontractor, the State of Florida, or the City who has the responsibility to investigate, discover, or address misconduct. 30 of 145 (3) The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 2.1.6. Compliance with Immigration and Nationality Act (INA). Contractor hereby certifies that it does not knowingly employ unauthorized alien workers in violation of the employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. 2.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor shall adopt and enforce policies or programs that require employees to use seat belts while operating or traveling on vehicles owned, rented, or personally owned by the Contractor and its employees while performing the Work. 2.1.8. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225, Contractor shall adopt and enforce policies that ban text messaging while driving and workplace safety policies designed to decrease accidents caused by distracted drivers. 2.1.9. Publication. Contractor shall obtain approval from the City in writing prior to issuing any publications in connection with this Agreement. If approved by the City, the Contractor shall include the following language in any and all publications issued: "This Project is [being funded/was supported] in part by federal award number (FAIN) [Insert Project FAIN] awarded to City of South Miami by the U.S. Department of the Treasury." 2.1.10. Reporting Conflict o{lnterests. Contractor agrees to disclose in writing to the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any potential conflicts of interest affecting the use of funds awarded under the American Rescue Plan Act in accordance with 2 CFR 200.112. 2.2. Compliance with Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Final Rule and other guidelines provided in connection with the American Rescue Plan Act, Contractor shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to: 2.2.1. Equal Employment Opportunity Compliance. During the performance of this Agreement, the Contractor agrees as follows: (I) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; 31 of 145 b. layoff or termination; c. rates of pay or other forms of compensation; and d. selection for training, including apprenticeship The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. ( 4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the U.S. Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for fu1ther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked 32 of 145 as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the U.S. Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph ( 1) and the provisions of paragraphs ( l) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 2.2.2. Contract Work Hours and Safety Standards Act Compliance. During the performance of this Agreement, the Contractor shall comply with the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as follows: (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Agreement Work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph ( 1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph ( 1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph ( 1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 33ofl45 (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through ( 4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through ( 4) of this section. 2.2.3. Clean Air Act Compliance. During the performance of this Agreement, the Contractor shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as amended) and specifically agrees as follows: ( l) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in tum, report each violation as required to assure notification to the Environmental Protection Agency Region 4 (Southeast) Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance in connection with this Agreement. 2.2.4. Federal Water Pollution Control Act Compliance. During the performance of this Agreement, the Contractor shall comply with the provisions of Federal Water Pollution Control Act (33 U.S.C. § 125 l et seq., as amended) and specifically agrees as follows: (I) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in tum, report each violation as required to assure notification to the Environmental Protection Agency Region 4 (Southeast) Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance in connection with this Agreement. 2.2.5. Debarment and Suspension Compliance. During the performance of this Agreement, the Contractor warrants that Contractor or its subcontractors are not debarred, suspended, or otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Contractor shall comply with the following provisions: (I) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S. Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 34ofl45 (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and /or debarment. ( 4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. (5) Contractor certifies that they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 11. Have not, within a five (5)-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under 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. iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local); and 1v. Have not, within a five (5)-year period preceding this Agreement, had one or more public transactions (Federal, State or Local) terminated for cause or default. If the Contractor is unable to obtain and provide such certification, then the Contractor shall attach an explanation to this Agreement as to why not. 2.2.6. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). During the performance of this Agreement, the Contractor and its subcontractors shall comply with the provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). Specifically, Contractor represents and warrants as follows: (1) No Funds received by the Contractor under this Agreement have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, 35of145 continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any monies, other than Funds received by Contractor under this Agreement, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The Contractor shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all such sub-recipients shall certify and disclose accordingly. ( 4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by the Byrd Anti- Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2.2.7. Copeland "Anti-Kickback" Act. During the performance of this Agreement, the Contractor and its subcontractors shall comply with the provisions of the Copeland "Anti- Kickback" Act as follows: (1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by reference into this Agreement. (2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal government may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of this Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 2.2.8. Procurement o(Recovered Materials. Contractor shall comply with the provisions of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items, unless the product cannot be acquired: (1) competitively within a timeframe providing for compliance with the contract perf01mance schedule; (2) meeting contract performance requirements; or (3) at a reasonable pnce. 36 of 145 Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site , https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program . 2.2.9. Domestic Preferences for Procurements. To the greatest extent practicable, Contractor and its subcontractors shall provide preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, in accordance with 2 CFR 200.322, ·'Domestic preferences for procurements." 2.2.10. 2 CFR Subpart F -Audit Requirements. Contractor shall assist the City in complying with the audit requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provisions") and the reporting requirements of the U.S. Department of the Treasury's Final Rule, as amended, and other guidelines issued in connection with the American Rescue Plan Act. ( 1) Contractor shall assist the City in complying with the Federal Audit Provisions by providing the City, the State of Florida, the U.S. Depaitment of the Treasury, the Treasury Office of the Inspector General, the Government Accountability Office, or other federal government entities, and any of their duly authorized representatives, access to personnel, accounts, books, records, suppmting documentation, and other information relating to the performance of the Agreement or the Work ("Documentation") necessary to complete federal audits. Contractor shall promptly assist the City in the event Documentation must be supplemented to address audit findings or other federal inquiries. (2) Contractor shall keep all Documentation up-to-date throughout the performance of this Agreement and the Work. Contractor shall provide the City with all Documentation for each fiscal year by October l of each year or within five days of the completion of the Work, whichever occurs first. Contractor shall assist the City in complying with additional guidance and instructions issued by the U.S. Department of the Treasury governing the reporting requirements for the use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds. 3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the terms and provisions of this Addendum and the terms and provisions of the Agreement, the terms and provisions of this Addendum shall control. 4. Agreement Ratified. Except as otherwise specifically set forth or modified herein, all terms in the Agreement are hereby ratified and affirmed and shall remain unmodified and in full force and effect in accordance with its terms. 5. Defined Terms. All initial capitalized terms used in this Addendum but not otherwise defined herein shall have the same meaning ascribed thereto in the Agreement. 6. Counterparts. This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same 37ofl45 instrument. An executed facsimile or electronic copy of this Addendum shall have the same force and effect as an original hereof. [Remainder of page intentionally left blank. Signature pages follow.] 38 of 145 EXHIBIT A DESIGN PLANS AND SPECIFICATIONS Prepared by: Kimley Horn 1TB No. PW2024-02 CITY OF SOUTH MIAMI MUNICIPAL PARKING PRIORITY I GARAGE REPAIRS 39 of 145 PROJECT LOCATION CITY OF SOUTH MIAMI MUNICIPAL GARAG _..,,...,d~ STATE MAP NTS LOCATION MAP SCAlE 1~ • 300' 5829 SW 73rd St South Miami, Florida 33021 GARAGE RESTORATION BID SET DECEMBER 14, 2023 • PROJECT TEAM OWNER'S AGENT CITY OF SOUTH MIAMI CQNTAC, AURELIO I CAAME,N,\lES P,E. oUOSIJNSETDAIVC "'-""•L»U3 Pl!OS •CU.l'Oll ..e..--.._....._- SoL THEC l ji l 1 ·, i I 8 . ,, i ; l! I ! l I l .. ol n ,, I !! _i :! ;! Bi ·l ,, i ' !, :f !! ! 1.00 DOCUMENTS ANO LIMITATIONS 11• l'~,l'Mtlf,',. f'AlCI/IAll(JH';, !)11011C41K.l"<I';, ANll -!ll'HO!J.JCIIO',I'; ,1,1(1 .. s~ ... l,l~NTS er S(AV>C[ f0 Bf: usco ONlV r~ T>i•S P~O.(CT :11:.1 II,:,; V"'Jl.~ .. u,oo lhAI ll•L SIH\JCIVIH•L LNW.LLN OI ... i.COMJ 1,1 ... ,(L:. 110 w.1.fUl.t,Nh', [lf'M~~ Cd'ACSSCO Ofl IMP\.ICO. AS TO r ,11i01NCS. OCSICNS. 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VI ll.~ STRUCTURAL_QENERALNOTES 12.00 SUBMITT ALS 12.01 R(r[R 10 SP(o:Ic.\TIONS f"OR .\001·,cNAL sue1.1I·tALl<(OUl~[MtN·s 1701 H1HM 10 !:ICT;ON HOO, lltllll l'IIA:;l'IG 1'14'1, OI 1111" GHllftAI :--IUII:; SHEET f()A 111--'SINC PL4'1 SUB111TT•L A(OJ REIAENtS 1lOJ A C0'11W4Cl01< ~VCI\I 1l4L ~Cl-lWLl ~ALL tll SUt!MllllO 10 11-1l l'N:'.""~ ANI') o ..... rii PQIOII rn !,(~jlN(; C:,l/RMITTAIS ANO R•r-lNNNC: ~RK. Tl-1( (NO'll:'.(A fllU. R(Vl[\111 SU8 ... ITUL SCH[OuL[ "-"-C PAOVlo( C0hO.l(NTS TO loiE CONTRACTQq \1111?1"1,-H OArS OI' AECEII"· 120• •'1t CONtJ!AC·o:i SHALL CC P(!lt.1 r,:o W()Al(•NG 1"10,J-.!S l"Ht0-1 O ULC:1,,.,INC, WO'-/oC SCo:>E OI' WCb St<4LL BC PPio=t ·o ece ... i..NC ~.c. 10 l,,l,Nl."'4IL 1,1()1 'IOI~ U.VI..L~ QI( L-L M, ONl,Y 8[ CONCNJCTEO AT ll!IC 4;,~<M:O BY 4CC0Jt:).i.i..cc tlllfH .OCM.. Of'OIIIA'ICES CCN lOOttl.lNAlt. <.OH::,U,1,,t,IO,.. :i,c"1~0Ull 12~ A •-.-c~--LOOt<.-11 .. rio CQt.Sl'AJCTIO'I SCt<Ou~C Sl-t'"LL BE SIJB,,.ll!C ·o TI< (N() ... 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OP(R.t.TI'IC ANO l,IAi..t('I.\NC( t,11ANV,I.L 10 IHl UW'lt.., 13.00 OWNER'S TESTING AGENCY QUALIFICATIONS I.JUI -,f lNltl .. NO•Nl O:,IN: 4UNCY MU' 1-t Clrl~lt../HJ "-~UP 4"I t Ill 4V->io=tlr,cs -i4VWC .IJA,S()ICTION, 4"0 l,IVST BC 0t..,•url(o ACCO!fl lHG ·o •s·vc1on ,1.N() ASTM(J29 l'(:p I)<[ t(STI'IC INOCA"!:t , ... fH( (ON::.IINC ll,N uo:ut.1:,t,,I~. ·~ J:J:.'\.WlN ti.: M."t;O,,l)IN(; 10 4~1VL:t•:s P(~SONH(L C&o.lCTINC f"l(LO rests St-AU. BC CL.l.UF'l:.C AS AC, CONCA:Ef( nEI..O T(SIINC l[o.t.lOll'I, c.RNX I, ACCO~ttNC T< AClt:{'-1)1 OR A'I rouvAtr~H CfPP(IC4TION ~()Gll,t.1,1 P(~S0NN0. P(R~Olh,IIHC LA80-1"10AV T(STS St-AL. 9( ALI-U.Mllll.0 CONLrll.lL :OIM£k(,ll1 1l:011NG ILC:,11I1(.:IAN At-.~· CCNCREI( LA9~4T0RV T'ESll'IC T[Ct<M04'1 -GR40EI T(5 11N.:; •cc-..:,. L"BOOTOIIV suPER\1SOA S>i .. LL a( ..... .i.c1-C(IH1f"IEO i,;OM,")(tlt l4tl0'-l410H"" ll$1I'1:; lll,;t-,MC,14'1 (,MM)LI. 14.00 STUCCO NOTES 1401 c,11r.:,rr A:..L OCL ... MINAl'(O srucco wt1, CIIIS~L ANJ 11•v1.1CR. 14(1:.1 l<l(~l.WlY L'l.V,N UISUNC Sl,IW►ACt 10 Mtt."\.I\,\. S1UCCO "!:."411< 140J AOUc;,,1('1 (oiS11NC s1,ArAC( A'-0 REMOVE .OOSE M.\T(lll,I.~ ro 4SS .,RE PIIIOP!• W()Nl)l'I(:, !oVW ►All ._.IJ',I H ► SIIWC U"'AIP '>l)l..,N1J Al'fl) t:HIIN, •11►> Cit 11.111~ A'IO •LL OIL CAEASC wo, ,vsr, SANO j1RT, LAIIANCE. ::>A1NT I ◄~ (.0/lt PAf"P11•rn .... ,Rr.t."I' 1111TH 11H APPRO\'rD R()NOIIIC A ,r..,, 140:. ~-ACC C,l,t,114a:O OR CORROOCO srucco COGC TRll,I \Ollll ,cw Vl'l•L S~1,CC0 1406 srucco A(t'AR ... d'El>IALS $1-tAlL M•TCH THC (~tSTINC s ·ucco SUBl,IIT PPOOUCf 04U f"OR .t.Pl>AOV"L 1407 lt,SUl,l N(W l'NIS .. :o•· 0'" STUCCO to ..... CH ::,Isr1>1c IN COLOR T1-1Co;N(~S .,.-.C)APll'(.t.A#,IIC( 15.00 STUCCO REPAIR :.o AU. HSI ...... UON 0--StO M.lT(RUI.S !CA 'EOVJV ) S+<IIU. 9[ P(lff"O:,M~ Br Ol,/ola,i'".,-0 Pf(00JCT P(AS()t-.N(L :.02 u>ro[P 110 (~MST.IIH:::CS S,,All .un or fl,,( l"ilOOUC"'$ 9C A~J(R(O "' AOO-.C .... , 4t>CT'wtS. (JC(PI r()Jt SMALL """OUN"S or CLC.IIH "Al[A AS lllltt', ·rn Ct,, T"' A'V'I AM"lf'ltfFTJ", 11.CCf"I P•Al()lt~ RA:tln ,..,f>l'R", •~C• T(S. ( TC UC rOA91:)0(N II ~I< •CL':>Lf.11-.1 .. t.1'4.t.,_1 \,IU tlLloltt.l(.)\\.UtlYWII<• tl"U::.H,.,;A,.,.)tllAlollNl:, w•TtA8l4STINC, OR 01H(P Af'f'POf'AIAT• M(.t.N':' h ►•• Oi' '-l.lNO to.I"'!' •O I01,1U1,ttU H• !lal!lfl) ,l.(JI) WA.,,,. ,\Nll l<N~ <.-c (.)1 .. 11< _.._,PACPll'l•Tt W•Alol " r mf"11t nit• PClf,IOUS, 0<! ,Vl~FIF"NT ..... ,P~AJ's W!"H ~f"IICf" CQf,IOtTl!JNl'H .,9 )1(.) 1,1\LC W 11,)1< ><ICM.• AtlSIJl,ll:'t""I SAM.MN SJH ►ACL ~ .t.'10 (1<A(.,o:1N(; su11r•cts ►(,II<' l'•IH tO )/J"IACtS .,.t.lNl t,1J::,I i:,t. .,~l,IQVlO tfl WHL tlHU) .. , S,<1,09LASTIN :;, W.t.J(A&.A!,TINC OR O"t<EII 4f'NIOt'Alllt( IA[4N~ •.f(llN•"C PROC:tOU41 OR LC40 OCJ.lhNC PIIIN':CO SU~.t.CCS Ohl~: :RC..,! """' 'll'AT(A tlAlot:J!,AJl,l•.ll..:lCt.lNL>IIIJNLI< C 11" PA"C .. INC, f'll.ut,.C Oil LC-.tu,c or IRACCJl.t.RITl(S IS ACOUIIICO, .... o T:t ltf'P/11,1[1 IOOY, f)l'fl'lh0AAINC: PLASWlt, CON:11nr, ()R ~:1111. ,irp,l/fl 'll'IIM •"PAOPl>l•l'( l{",l(UI-IC ... AT{AIAL ·o ;H(KN~SS ll[QU!:)[J 10 .t.CH(V'[ 11 s.,,oo·..-. ru.11.1e suPr•cc 16.00 OPENINGS IN SLABS, BEAMS AND WALLS I i ~1 IN CAS--IN -Pl.ACC CONCA(f'E '"'ORI\ NO QPrNLNCS SH .. LL 9( P[RMITtEO IN "OI M •, 'll'ITHIN 4 [,1:,1,r,;., t LI-~{.HI INC;i,t•·• ►"'1111 IH. •ACt l»" COI.UM'I c,, EOC[ Of" S~4£1 OPENNCS BCTW(['I (IC-ii TO ·wt'll'!' fOUR ---------------,8 S"'AlL NOT IIOVAL Cf" IH[ n,,r, rrrr r110l.f "-LL'!' PEAVITTI.:C 16 02 IN PIIECIIST CO'ICR[l'E WCR11. OPENl'-1:;S LESS THAN 10 IHCH(S AOJH() OP '4.1.lHr "N4.I H CCAl•tl ANII UHII 1:1<NH • CH :,AW UJ t,Y IHt r-uot A(Ol..,tffl'I:; C)P['I i..c Af"tE.:i VEMBCQ IS (A(CTCO SUCH QP[Nl'l:.S SH.I.LL 8[ COl)QCIN..,TEO 9'1' THE CONTll,t.CTO'I ,1.i..o ll![C[I,'( IIQe(;P "'Pf'AOVAI. 9l ,.,~ t'~~CA!:.. lo'f"R NI() .oi[ ('l:;.N[[~ 16 OJ CP('l t,,CS ,._ CONC:l["{ WAU.S .,.,. .. e£ :»(Al,l,1HtO S06JCc· JO Tti[ Al'l'kOVAL u,· ll•L i.:11,1NLl"' QI HLCO-ll ' lbC4 Cl't.'IM;~ IM-'OUQ-t oll':,t;!, U, ttt,llt.1!, M<t. l1ftMl':lllt0 lCLll'I A~ ~rlf,C.toH, c:;,.ow-.. C'..H 1..-r >, ,lNc:; lbC::> NO t>◄1lUl ,lt; lllltOUGil :A"-·JS, U'.AWS, CO-.UMN".;. V" WAL.:; :.!•AU. Lil C-'AR(O OJT E•C[Pt -.i;i,, Tl1E SS"CCll'C 4P"R0VAL 0' 111( ENCIH([R O' RC:OPC. SJCt, .:.PP!f:)Vl-L If' Gll'.lN';'[0. S>i4.L 9£ 0,1 A C"-SC SY CASE t:1 ... 'i,!, 17.00 POWERWASH 1?n• CCNIW.\"IOI-I <.;1I•t1 !-'<J\111..tW4'>1 I {X)M '\1/ll!.\C ', (► Ill 1-'.\ll"-INf: lf"VflC:, \lltl(A~ CONC~rTf" 'if4 fR<; <;f"lll411jJ · 4NI) TltAl'f", ('C'JA1,.,i'i WLL 9( INSt•L [0 17n; CCNTRACTOA S►<,.Ll ... I".[ 11-[ NC t (SSAltY P~(c ... u·IcNS IC~ i,['IT 0(811! S f"llOM (Nf[A1'-I :: Toi ;' ORA t-.AC( 5 TS"'[r,, CGNTRll:::TOA ~Al,,I,, "MC N[,.("i'.M1T r,q;:i;11u·(IN re PltOTE C" V\..111(.LL$ &: !.,UtNIJl./.1,IN t. NVl'-IOl,MLNI 18.00 DRAIN SYSTEM CLEANING 1.11 0' CCNTR.\:TOA St-,'-U. Q.EAN Tl-<( ()P,<1N.r,,Ci:: S "ST(~I NCLJjcNG j 'l>AtNS AhO PnS TO -.!~lo'O-..( OE8HIS ... ~01,,iCH VIICl,/i.,.M1NC 11'10 J(ITlNG CCNTRA::rOR S'"AU. COllECT ,\'IC) rRti'iF;Lf OIS"O!( 0, T►C ~0AIS 19.00 REINFORCED CON• IQ o, TIU". r.rNrRA. C:O'ltl<.t.r.a t-.C(P('IOENT T£STlNC L M-iICr St-N..L COt-OUCT C(')•1::r.:r;r.\l;()Rl\,4t,ORI .\'lj PROl,,IPTLT TO Tl-( 1!) 01 jEt/lJ.INC Of" Q(t:IAR SI- ell Vl:~t:N 01 \I ll .t.ll 1)1 '""STITU>E"S t,,t.T'(Sl (()IT s,.os, ORA""'~cs P(PTN' lt-,t •M.INHI, IOI< HI:; \~OJ C0-1::..-Lll St..llMITT(O 1.,Afll-1[C -'"'VlllJVl,ll .\CC<P".\/lllf 11()-1 C°""STRVCTION JOl'ltS S ~t,,i,mf".:r:: ANnt1-<rA1tt: 46 .. OURS PRI°" ro t1-1 1q OS .\ CC:t'Y or .t.C .'101 -~ au U>1r.cs· l,NI) AD sP ,., :l-4~ ~0.[CT f"ELO ( 19 0G CO'ITR4CTOI-' Soi"~L Plf£ TO ('ISCR( t(~IP(~•T!Jf lt<l --ltl.:UINi:.lol~NI~ IN I ?Q,j~<; AP:»1 T T(l .\NT jM(NSIQ'I IS CP(ATEA 1q n7 co~ic:i.r·• cnvPRFS!'.IVf" ".t AA-CN-f.P.C)r ·1rvur1 nrAi.t$ •t-.1') CO..UMNS CITY OF SOUTH MIAMI MUNICIPAL GAIU Scope of Work -Garage Restoration REPAIR LIST Number I Item I Unit Quantity Structural Elements 1 Concrete Repair 1.1 FC Floor Crack lf 2.509 1.2 FS Floor Spall SF 140 1.3 OFS Overhead Floor Spall Sf 73 1.4 cs Column Soall SF 3 1.5 WC Wall Crack lf 78 1.6 ws Wall Spall Sf 13 1.7 OBS Overhead Beam Spall SF 12 1.8 OBC Overhead Beam Crack lF 23 1.9 DT·ST Double Tee Stem Spall SF 2 1.10 ER Expo~ed Rebar lF 124 1.11 OER Overhead Exposed Rebar lf 128 1.U PSC Precast Steel Connection Each 8 2 Waterarooflnir 2.1 HS Horizontal Sealant lf 528 2.2 vs Vertical Sealant Lf 425 2.3 DC Deck CoatinP. 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' '\L R -r;::J\_ '':1-_/ Eal '\_ Cl c:J..,..,_,._ \_a.,.~R2 FS1 J eR 4 IPst OFs,Jr--i~ ~ .. s, fSZ_/ FS1 ,RAt PS'/ OFSI OER• RA< q I :i •• 1 1' 0 1 -BRJ FS1 ' -~ \__ ' /; OFS1 .:I I fS1 _/ --1- OFSJ~ OFS2b \ • '" ·-··••p r'"_reR, OF$ I l :·°'"· Cl ' t::!-:""" ■ I !I -----, . l■ ···-·-= Q LEVEL 3 REPAIR PLAN S-103 SCALE '313r • 1"-0- FS2-...._ OER1!,\ □--\ • I f)_-= ~"f\■ FC6 y ii ,._., ,_. .. , U"'J OER!I -------··------- "~-,.., --,-.... ~ i:'' ~ r.-, --• "\:.FC12 fS2 , ~FC6 -_y _,u - ,...--_..._ r _a r. . .,,~-J - 8R2J 1 FS I ' ' CJ, "- FS!\ • R~PAIR LEGEND ~ SYM80l IO TV~ NAME "" ~ re D FS D o:s 035 r.OOP .RACII. rooi-,<;P.t.11 QV(:;,..::.t.O flOOR' SPAl (.v(:H•AO BE•tA S"'AL nn11A1t4 rr• c;rn .. <;Poli 1 we w.1 •• c~,1,.ci.. W$ W1'. S 1'L, (..';) f,.l.)l.UU, ~A.l fl~ r~PCV'l RfA.t.Q ~Fl UV:W,..lA:l lYl-'lhl'J Hlt~Mt ,..~ PR:c:.t.<:;• ,;re-1 C""ON~fr"TICN ~ EE I ' l l ilt -!'.! :j !i ,. l: q ~ . l' ! i !l !i il H ' ii e I • l • l .. . . • ! ,, '.! .1 l •' oi .i "I ;! ., } I ,1 •' i :! ,. ,. d ~ ! ,j .. ,, !, ! ( 1 A! I ~ ! ·i _l ., l i ,! t . H ~I 1: I\ B C 3 .4 0 ~'f 11i-::~:-\-~j.l~---i ·T:~~{:~--~-----. ·.;:: . -, F •~~ ,j, I ' f ~ I ,i ... , ' • . 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OFS1 .J OER•-, rRA' I i yOPSCHI / /RAl~ _, .-RA22 I. .~OFSI FC,O CJ'Zfj,e" .;.I: ' r•c,o ,.,_ FC,O r=s,\ JFC10 ! ~FSl J:::: Of~) : 1 FCI~ ·~-f ,,-, f.~"-· FC10 •. wc.10 --,,..~s\ ..,,.t,.. ,-we~, we." •-··;;,· i:5-:rwc.:.,_wc~ ~--~ -- ----~-:FS1 .:-..t~oFs: \ ~ -I .. ______ _ i7'~°'"'r-..:-□ @ LEVEL 4 REPAIR PLAN S-UM SCALE lllr • !'"4" ..C,:., "\ ~ .. , •••-'\I ..,.(__ •--""~1 ff) -.A-.-,~- ----· '··-------~.;c.~.,---: • ~-···· ·--= • R~P~R LEGEND KEY: SYMBOl. IP_ TY~ ._ __ ., JWI NAME re D rs D O'S 035 or-,;, WC w,; cs " "'' •S<. r!.OOP :RAC,- r~ (,p.tJ1 QY[:;;'H~AD fLOOR SPAL. 0V(£.tl:'.AD 8£•1A S~AL- OOJAl f-trf CiTfl,I 9A:I w,. ciacl( WA I.. S,.,AL. CUI.JIJ' Y'A..L fAPC~f') RfAIR uv:.MHt.110 l~I'~\) Mt,tj,SM PRf!"'1."i-c;r:-1 CON,rn,cN ~ ~ E;:: 1:£ l q ,, !! : ; ! i G• .. ~ . il i: !i ii ii ; j H . n !I • t !~ a, ,l ,, ; I .f ' •• . ' ii i • i ; I h ; 1 • i : ! t: -i ' i 'l " h : ! I' ! 1, 'I ~! i i .. ii ! i : l z; 9 • l ·r C) A I • •••• ·----,,· . 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" we, RA• ,;· ..,, ::.\~~ 7RA~::~~¥-~~j I • = SYM80l t0 :::T7.i ._,..,. re @ LEVEL 5 REPAIR PLAN S.105 SCALE ll3r • 1'4' D rs D O'S 03S nr~,; WC "" C> ,. "'" ""'- REPAIR L_Ej3END TY~ """' r DOR RACK r 00A '1J'Al V(~H ~AO rLOOR SPAL t V(::;H-;.AO BE•tA 5;,.4.L- OOuA r rr• ~rr ... ~A I WA __ c:. ... :11. w11._ sr-,.L- 1.Ul.VIA' ~A .~ J",PCSf"O RFRil.R OVr.WHt.A: lX .... Q')llJ k~tl#-H PR'('A<;." s·r•, l"'ON,rC'TICN ~ m -;-- K ~ '. tO < ' ' ~ [!,or , . lgG .. . • I , i· : 1~~ ~ . . ; . • • :I 1 0 ·1;1_-- r 5 0 !:!. z 0 ~ w :u t!'.1 I < w J: 0:: w > 0 ~ !i • • ~, • ' , • : • . • ~ □~~ t t t [J~8 0:: 4: c.. w 0:: J: I-c.. w 0 ...J < i= 0:: < c.. N!i ~ ·~L z 0 ~ 0 ii: ii!:! >w 00 :; u. wo o:: en l!:!i1i ~~ uo:: ZO Su. @~ 01-z< wo:: :; ::::, :;~ ou. uz wo o::u -!i • l ;' ;' ;' ;' ,_/ I; -i~--'---,,.-<-t- w (!) I u. 0 0:: ~ 0:: !! ! 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IIW' @ COATING TERMINATION_IN~SLAB DETAIL S-302 S,CALE NT S, :::i •t i -3 \ ,: ~E ·1!'; ~~ I- i1i 1-i @~ ~t .. ~;! z (J) ih i1i ., •1ia•~; :'S I-~ (J) .. !M~.i <( w z I-!~ :~i;;i~ (J) 0 z 1! !z a~ w ~!!!~ii --, :; :t< J ~I w !'•~ii! w ;! <( u :::;; a u ::S ~ fl'•·• w i== \ e ;.-~~~ ~~ 0:: a.. w ~~!~I~i w ~\ wt > 0:: ~ ahl;~i~ a.. w '" ~~ "ii . ' ( • ii ~i 9 .. ,, fl ¥ ' • -~· • ~; is, ' i-~ ~!~ • i -;a'" l i ! ~h •• X (J) I-z 0 --, J 0 0:: I-z 0 u ~ I-z :'S <( w (J) I-z w . :::;; ~ w a u . :'S a.. ~ w 0:: -i M iii • --'- -.... -•• -.._ .......... ·~-, ........ -...... _... -_ ... __ •• _,.,_ 04 .. ,_ ...... , .... ·-· , ... _ ................. ---,. --· ............ \I -... , .... --.......... , ... ·-...... , ..... ,.._ .... _,.,,. .. M .......... ,_ .. ,_._ .... ,.._ ........... -, .. -.... ···••UCI ·--1, ·-tor s ., ..... -.. ~ ....,, • ..,,H. -:l >.-"l'I ~ lQQHHOO ,.. ,,;;.,o tlW' .. -~o .,., l • ' • ........... ..:, ."'" "'5.:1 ,o-s ,u,11 ~ -_,. .......... .. :. 1 . L_ H i 'r-. -W ll u ~ t) w z z 0 t) ...J w w 1-- (1'.) ~ w 0: Q. Q. 0 § w w ~ w tii 0: .,, t) 'z z ... Q i (.)~ _, _,.,-•• -__ _, __ ,.,,_,.,.,.... ••-. .., ,..._..,. ..,_ --• ,, ...... _ ,,. _,.........., ,..,..,. •-• ,.._.._., .. _. •-.. •II""'"°"'"•--•---..,.,..• , .. "° • .......... _... .. __ ,, .. _ ._. ""' ••-,,.._.,'</ 00101 Q •-•••• .. ,. ,-«•$ OIN ., ~ ... 10,0INII ,00 ,,,...n • 11 i 'i •L0 UOC 01 ... ,.,.,.0 1<0>~0 .... , ... ,..... .00 ~-" ~-101, IH,S • ,._,.. _, "'" .......... d .. ,! !l ,. g! VI !j ?·· : ! ,, }j ' ! I • l ,, i J ., -! :! :d ri ·-~! •t :1 t, 'I !! ;, !i ll n ;11 ~ ! FLOOR CRACK S~1 SCALE N.T S @ ~~~~EAD FLOOR SPALL _.. ________ _ @ ~~;~~EAD BEAM SPALL , FLOOR CRACK S-401 SCALE N,T,S Cu EXPOSED REBAR ~ 11_./ SCALE N.T S. ~ ~ s- OVERHEAD BEAM SPALL SCALE NTS , FLOOR SPALL s...ao, SCALE N.T.S. OVERHEAD EXPOSED REBAR S-401 SCALE N.T.S. @ PRECAST STEEL CQNNECTION S~t SC-Al! N f $, @- I @- ~ ~. ~ d ·, : i 2 l q h !I l> ! i ''i , DOUBLE TEE JOINT SEALANT S-.02 SCALE N,T.S @ YERIICAL SEALANT 12/ SCALE N TS @ BOLLARQ RUST ~2 SCALE HTS , DOUBLE 1"EE JOINT SEALANT $.-402 SCALE N.T.S. @ ~~~!~~NTAL SEAi.ANT @ ~--, 00 ~eE SUPPORT ~ 12_./ SCALE N T.S. @ ~~~l~sG PLASTIC COVER @- ~ WHEEL STOP REPAIR 12/ SCALE N TS ~ EXHIBIT B INVITATION TO BID 1TB No. PW2024-02 CITY OF SOUTH MIAMI MUNICIPAL PARKING PRIORITY I GARAGE REPAIRS 57ofl45 Sout~iami Tl ti CITY or Pl FAS,\NT I IVl'JC CITY OF SOUTH MIAMI INVITATION TO BID (1TB) No. PW2024-02 CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY I REPAIRS City of South Miami Commission Mayor Javier Fernandez Commissioner Lisa Bonich Commissioner Steve Calle Commissioner Josh Liebman Commissioner Brian Corey City of South Miami City Hall 6 I 30 Sunset Drive South Miami, Florida 33143 ISSUE DATE: February I 5, 2024 BID DUE DATE: March IS, 2024 BID DUE TIME: I 0:00 A.M BID OPENING DATE: March 15, 2024 BID OPENING TIME: I 0:30 A.M. 58ofl4S 1111 nn OI Pl fASAr-. T LIVl'-it, PUBLIC NOTICE INVITATION TO BID (1TB) No. PW2024-02 CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY I REPAIRS NOTICE IS HEREBY GIVEN that the City of South Miami ("City") is soliciting bids for the City of South Miami Municipal Parking Garage Priority I Repairs Project. Interested companies, firms, and individuals ("Bidders") may obtain a copy of Invitation to Bid No. PW2024-02 (the "ITB") to be issued on February 15, 2024, 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 1TB 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 1TB 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 1TB once posted to the website. The bid submission shall be submitted electronically via DemandStar and marked "Bid to City of South Miami, 1TB No. PW2024-02 for the "CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY I REPAIRS" LOCATED AT 5829 SW 7JRD STREET, SOUTH MIAMI FL 33143." Bids must be received by the City by no later than March 15, 2024 at I 0:00 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 I 0:30 AM, local time. Members of the public are invited to view the bid opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by dialing+ 1-786-635-1003 Meeting ID: 3056636339. 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 SA-7 of the City Code. "Cone of Silence," as used herein, means a prohibition on communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or request/invitation for bid between a potential vendor, service provider, proposer or bidder, or agent, representative, lobbyist or consultant for the potential bidder; and (i) members of the City commission; (ii) the City's professional staff; or (iii) any member of the City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or City Attorney with any questions on the Cone of Silence. Date Issued: February I 5, 2024 59 of 145 TABLE OF CONTENTS Section Page Section I: Information for Bidders 4 Section 2: Terms and Conditions II Section 3. Scope of Work 17 Section 4: Bid Submission Requirements and Evaluation & 20 Forms and Attachments Section 4: Bid Form -Form 7 37 60 of 145 SECTION I. INFORMATION FOR BIDDERS 1.1. INTRODUCTION/GENERAL BACKGROUND. The City of South Miami, Florida (the "City") is soliciting bids for the "CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY I REPAIRS" {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 1TB shall provide the services, design, labor, materials, equipment, and all incidentals necessary, as further defined in Section 3 of this 1TB {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 1TB for the Work described in this 1TB. 1.2. SCHEDULE OF EVENTS. The following schedule is anticipated for this 1TB process, but is subject to change by the City, in its sole discretion, at any time during the 1TB procurement process. No. Event Date* Time* (EST) I Advertisement/ Distribution of 1TB February I 5, 2024 3:00 PM Non-Mandatory / Mandatory Pre-Bid Conference 2 and Site Visit NONE 6130 Sunset Drive SCHEDULED South Miami, FL 33143 3 Deadline to Submit Questions I Requests for March I, 2024 10:00AM Clarification 4 City Issues Addenda and Responds to Questions March 8, 2024 10:00AM 5 Deadline to Submit Sealed Bids -Submission March I 5, 2024 10:00AM Deadline E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at 6 https://zoom.us/j/3056636339 ,or listen to the meeting on March I 5, 2024 10:30 AM a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339. 7 City Manager issues recommendation to City Commission April 2, 2024 7:00 PM 8 Award Bid(s) and Agreement(s) at City Commission April 2, 2024 7:00 PM Meeting 61 of 145 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 I 0:00 a.m. E.S.T. on March 15, 2024 (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/3056636339 or by listening to the bid opening meeting on a dedicated phone line by dialing+ 1-786-635-1003 Meeting ID: 3056636339. 1.4. PRE-BID CONFERENCE AND SITE(S) VISIT. A pre-bid conference, will be 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 1TB 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 1TB. 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 March I, 2024 at I 0:00 a.m. All such interpretations or clarifications will be made in writing in the form of an Addendum to this 1TB 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 1TB and a part of the Agreement and each Bidder will be bound by such Addenda, whether or not received. It is the responsibility of each prospective Bidder to verify that it has received all Addenda issued before Bid are submitted and opened. 1.6. SUBMISSION OF BID. 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, 1TB No. PW2024-02, "CITY OF SOUTH MIAMI MUNICIPAL PRIORITY I GARAGE REPAIRS" and addressed to: Steven P. Kulick City of South Miami Chief Procurement Officer 6 I 30 Sunset Drive 62of145 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 1TB 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 I 0:30 AM, local time. Members of the public are invited to view the bid opening meeting through Zoom at https://zoom.us/j/30S6636339 or by listening to the bid opening meeting on a dedicated phone line by dialing+ 1-786-63S-1003 Meeting ID: 30S6636339. 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 (I) 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 (I) 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 1TB. The emphasis should be on accuracy, clarity, comprehensiveness and ease of identifying pertinent information and suitability of the Work. Bids MUST include the following: I. 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 I. Form 2A. Form 2B. Form 3. Form 4. Form 5. Matters Form 6. Form 7. Form 8. Bid Form Package Acknowledgement. Bidder's Certification (if Company or Corporation) Bidder's Certification (if Partnership) Single Execution Affidavits Dispute Disclosure Certification Regarding Debarment, Suspension, & Other Responsibility Primary Covered Transactions Bidder's Qualifications Survey Bid Form Reference List 63 of 145 I. 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. I. 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. I. 7 .6. Bidder may provide any additional information that highlights experience or expertise, which is relevant and directly applicable to this 1TB. 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 1TB. 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 1TB (the "Responsible Bidder"). In evaluating responsibility, the City may also consider previous contracts with 64 of 145 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 1TB. 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 1TB. If the successful bidder to whom the contract is awarded forfeits the award by failing to meet the conditions of this 1TB, 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 1TB, 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 "C," 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 1TB 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 1TB, 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 1TB. The City's Cone of Silence provisions can be found under Section SA-7 of the City Code of Ordinances. Questions regarding the Cone of Silence may be sent to: Nkenga "Nikki" Payne, CMC, FCRM City Clerk City of South Miami 61 30 Sunset Drive South Miami, Florida 33143 N payne @ 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 65of145 (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. § 286.0 I I 3; (iii) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the selection or negotiation committee meetings; (iv) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City clerk by the potential bidder or bidder's representative. The City clerk shall make copies available to any person upon request; (v) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's purchasing agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (vi) Communications with the City attorney and his or her staff; (vii) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (viii) Any emergency procurement of goods or services pursuant to City code; (ix) Responses to a request made by the City's purchasing agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (x) Communications prior to bid opening between City's professional staff and potential bidders and/or bidder's representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential bidders and/or bidder's representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. 1.1 0.2. 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 (I) ordinance, resolution, action 66of145 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-S(c)(9), of the City Code of Ordinances and completing Attachment B to this 1TB. 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 BA-5 of the City Code of Ordinances for further information. To register as a lobbyist, please contact the City Clerk at: Nkenga "Nikki" Payne, CMC, FCRM City Clerk City of South Miami 61 30 Sunset Drive South Miami, Florida 33 143 Npayne@southmiamifl.gov END OF SECTION I 67ofl45 SECTION 2. TERMS AND CONDITIONS 2.1. PURPOSE OF BID. The City requests Bids from qualified firms for the "CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY I REPAIRS" Project (the "Project"). The Work to be performed includes, but is not limited to, services related to the repairs, production/fabrication, assembly if required, as illustrated in the attached documents 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 1TB 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 1TB 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 1TB 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 1TB 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 1TB, the prices and fees quoted in the Bid shall remain fixed and firm during the term of the Agreement. 2.S. 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 1TB, 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 shall be in full force and effect on the date of performance of the Work and further represents that it 68 of 145 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 AM. 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 1TB 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 1TB. 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. 69 of 145 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 the 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 I 00 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 I 00 percent of the price specified in the contract. The payment bond shall provide that the bonding company or surety will promptly pay all persons who supply labor, materials, or supplies used directly or indirectly in the performance of the work provided for in the contract between the 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 I 0. 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 Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be returned after the Contract is awarded and executed. 70 of 145 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 1TB. 2.11. ASSIGNMENT. The Contractor shall not transfer or assign the performance of the Work required by this 1TB and the Agreement without the City's prior written consent. Any award issued pursuant to this 1TB 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 1TB 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. 2.1 S. 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 1TB and/or from any procurement decision of the City including without limitation, awarding the Agreement to a Contractor. 2.17. MULTIPLE /OTHER VENDORS. The City reserves the right to select and award multiple Bidders to provide some or all of the Work. If the selected contractors are unavailable, the City reserves the right to seek and obtain other sources. 71 of 145 2.18. PUBLIC ENTITY CRIME/DISQUALIFICATION. Pursuant to Section 287. I 33(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 1TB are public records subject to public disclosure in accordance with Chapter I 19, Florida Statutes. If there is any apparent conflict between Florida's Public Records Law and this 1TB, Florida Law will govern and prevail. All Bids submitted in response to this 1TB 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 119.070 I (2)(a). Florida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Mailing address: Telephone number: Email: Nkenga "Nikki" Payne, CMC, FCRM 6 130 Sunset Drive South Miami, FL 33143 305-663-6340 N Payne@southmiamifl.gov 2.21. AMERICAN RESCUE PLAN ACT PROVISIONS. Bidder acknowledges that the Work or Services may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act ("ARPA"). The selected Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in ATTACHMENT C, ARPA ADDENDUM to this solicitation. 72 of 145 If compliance with this section is required, the City shall select this box: @'. 2.22. GRANT FUNDING. By submitting a response to this solicitation, Bidders acknowledge that the Work or Services may be fully or partially funded utilizing funds from the grants listed below (the "Grant"). Accordingly, by submitting a response to this competitive solicitation, the Bidder warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work or Services in accordance with the terms and conditions of the Grant(s). Grant Title Grant Agreement Attachment No. If the Work or the Services will be funded utilizing Grant funds, the City shall select this box:□. END OF SECTION 2 73 of 145 SECTION 3. SCOPE OF WORK. SPECIFICATIONS. AND REQUIREMENTS 3.1. GENERAL REQUIREMENTS. The Work specified in this Invitation to Bid (1TB) 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 1TB (the "Work"). The Work is to be performed in accordance with specifications and the contract documents that are provided to the Contractor by the City herein, as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. The Work also includes but is not limited to keeping the Project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s) for cleanup and disposal; disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City's satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 81 I to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, as well as all laboratory tests, engineering and architectural specifications, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City. Permit fees charged by other government entities, if required, are the responsibility of the Bidder/Contractor; however, in all cases; it is the responsibility of Bidder/Contractor to secure any and all permits that may be required for this project. All work is to be completed in accordance with specifications, engineering construction drawings, and in accordance with the terms and conditions described in Attachments A, 8, C, D & Fall federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City Land Development Code, all applicable ordinances of Miami-Dade County and the City, and the Americans with Disabilities Act (ADA). If the Project involves a City park, the Contractor must comply with the City's public playground safety standards, rules, and guidelines. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances. 3.2. SPECIFIC REQUIREMENTS. The City is soliciting proposals from highly qualified firms for "Priority I Repairs" consisting of structural and waterproofing repairs. All work must be completed within 90 calendar days from the issuance of a purchase order and building construction permit as per the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Attachments A, 8, C, D & F. 74 of 145 The scope of work is to remove and repair delaminated concrete, replace waterproofing sealants, replace damaged deck coating, clean and coat corroded steel elements and repair/replace damage wheel stops. Respondents shall review enclosed specifications, engineering construction plan documents, tree survey details. Respondents are required to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). 3.3. SITE LOCATION. The Project will be held at City of South Miami Municipal Parking Garage located at 5829 SW 73 rd Street, South Miami, FL, 33143. 3.4. DESIGN PLANS & SPECIFICATIONS. Design plans and specifications for the Project are attached to this solicitation as Attachment D, "Design Plan and Specifications, City of South Miami Municipal Parking Garage Priority I Restoration prepared by Kimley Horn dated December 14, 2023. 3.5. PROIECT DURATION. After permit(s) have been secured/approved, the Bidder is responsible for completing this project within ninety (90) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager. 3.6. WARRANTY. Bidder must include a warranty and/or guarantees of all material and labor that includes: 3.6.1. 3.6.2. 3.6.3. 3.6.4. 3.6.5. 3.6.6. any conditions; and guaranteed response time for repair; and guaranteed replacement during the warranty period; and life expectancy under normal use; and Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and 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 (I) 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 being provided, the standard manufacturer's warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City. 75 of 145 3.7. DOCUMENTATION. A prerequisite to final payment is the execution and delivery to the City of all documents required by any governmental agency, including the City. Such documentation includes documentation for the conveyance of any property or facilities that are the subject of this Project. SPECIAL NOTE PERFORMANCE AND PAYMENT BONDS ARE REQUIRED FOR THIS PROJECT IN ACCORDANCE WITH SECTION 6.2 END OF SECTION 3 76 of 145 SECTION 4. BID FORM PACKAGE As provided in the 1TB, the following items must be attached to this Bid: FORMS STATUS Form I -Bid Form Package Acknowledgement ✓ Form 2A. Bidder's Certification (if Company or Corporation) ✓ Form 28. 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 compet1t1ve 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. Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Sample Contract Declaration /Affidavit of Representation American Rescue Plan Act (ARPA) Addendum to Contract Design Plans & Specifications -uclTY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE -PRIORITY I RESRORA TION," prepared by Kimley Horn, dated December 14, 2023 Form of Payment Bond Form of Performance Bond 77 of 145 FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS hereby propose to furnish the goods and services specified in the Invitation to Bid, 1TB No. PW2024-02. 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. 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 1TB (Check the box next to each addendum received). ___ Addendum I ___ Addendum 2 Addendum 3 --- Addendum 4 --- ___ Addendum 5 ___ Addendum 6 ___ Addendum 7 ___ Addendum 8 ___ Addendum 9 ___ Addendum I 0 Attached hereto are the following forms/documents which form a part of this Bid: Form I. Form 2A. Form 2B. Form 3. Form 4. Form 5. Form 6. Form 7. Form 8. Bid Form Package Acknowledgement. Bidder's Certification (if Company or Corporation) Bidder's Certification (if Partnership) Single Execution Affidavits Dispute Disclosure Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Bidder's Qualifications Survey Bid Form Reference List 78 of 145 FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) NAME OF BIDDER FIRM SIGNATURE OF BIDDER NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS (__J ________________ _ 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). ___ Personally known to me; or Notary Public (Print, Stamp, or Type as Commissioned) ___ Produced identification (Type of Identification: ______________ , ___ Did take an oath; or ___ Did not take an oath 79 of 145 FORM 2A BIDDER'S CERTIFICATION (if Company or Corporation) CERTIFICATE STATE OF ) ) ss COUNTY OF ____ _ HEREBY CERTIFY that a meeting of the Board of Directors of a corporation or company existing under the laws of the State of ___________ _ held on __________ , 2024, the following resolution was duly passed and adopted: (SEAL) RESOLVED, that, as ______ of the Corporation/Company, be and is hereby authorized to execute the Bid dated, ____ , 2024 to the City of South Miami for 1TB No. PW2024- 02 City of South Miami Municipal Parking Garage Repairs Project, and that this execution thereof, attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation/company on this the ______ of _____ , 2024. Secretary 80of145 (if Partnership) CERTIFICATE STATE OF ------ COUNTY OF FORM 2B BIDDER'S CERTIFICATION ) ) ss ) I HEREBY CERTIFY that a meeting of the Partners of ________ _ _________________________________ ,, a partnership existing under the laws of the State of ____________ , held on __________ , 2024, the following resolution was duly passed and adopted: "RESOLVED, that as of -----------------------------the Partnership, be and is hereby authorized to execute the Bid dated _______ ,. 2024, to (SEAL) the City of South Miami for 1TB No. PW2024-02 "City of South Miami Municipal Parking Garage Priority I Repairs" 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 ____ , 2024. Secretary 81 of 145 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 IO 1-336, I 04 Stat 327, 42 USC 1210 I 12213 and 47 USC Sections 225 and 661 including Title I, Employment; Title 11, Public Services; Title Ill, 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 82 of 145 Public Entity Crimes Affidavit I understand that a "public entity crime" as defined in Paragraph 287.133( I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that "convicted" or "conviction" as defined in Paragraph 287.133( I )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133( I )(a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133( I )(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) D 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. D The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. D The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that 83 of 145 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 I 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 2-1 1.1, as applicable to City, or the provisions of Chapter 112, part Ill, 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; 84ofl45 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 I. Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this 1TB 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 1TB 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 1TB 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 1TB. 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 85 of 145 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 1TB 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 1TB, the employee must abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 4) Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) D The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the requirements set forth under F.S. § 287.087. D The entity submitting this sworn statement is not a drug-free workplace. Bidder Initials City Non-Discrimination Requirements Affidavit Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will not enter into or award a contract to an entity engaged in a boycott. Bidder understands that "Boycott" as defined under Section 3-1.1 of the Code of the City of South Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race, color, national origin, religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a discriminatory manner. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or required by federal law or state law. Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1.1 of the Code of the City of South Miami. Bidder Initials Acknowledgment. Warranty. and Acceptance I. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations. 86 of 145 2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of 1TB No. PW2024-02 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.] 87ofl45 In the presence of: Signed, sealed and delivered by: Witness #I 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). ___ Personally known to me; or Notary Public (Print, Stamp, or Type as Commissioned) ___ Produced identification (Type of Identification: ______________ _ ___ Did take an oath; or ___ Did not take an oath 88 of 145 FORM4 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 _____ 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). ___ Personally known to me; or Notary Public (Print, Stamp, or Type as Commissioned) ___ Produced identification (Type of Identification: _____________ ) ___ Did take an oath; or ___ Did not take an oath 89 of 145 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 19160-1921 I). 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 ( I )(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or 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 90 of 145 FORM6 BIDDER'S QUALIFICATIONS SURVEY COMPANY QUALIFICATIONS QUESTIONNAIRE Please complete this Company Qualifications Questionnaire. By completing this form and submitting a response to the 1TB, you certify that any and all information contained in the bid is true, that your response to the 1TB is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a response to the 1TB 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 1TB, 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 __________ _ 91 of 145 Please identify the Firm's primary business: ______________________ _ 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 Name of Entity Issuing License No. License Issuance Date Type License or Certification Please identify the name, license number, and issuance date of any prior companies that pertain to your Firm: License/Certification Name of Entity Issuing License No. License Issuance Date Type License or Certification Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their si gnin g 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 em ployees by trade (e.~ .. 20 electricians, 5 laborers, etc.}: Total No. of Em ployees Total No. of Managerial/Administrative Em ployees Total No. of Trad es Em ployees 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 o 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: 92 of 145 Owner/Partner Name Title Ownershi p (%) 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 o f ownership held by the stated owner/partner: Owner/Partner Name Other Entity Name Ownershi p (%) 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: ______ _ 93 of 145 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 PAY DESCRIPTION UNITS QTY UNIT PRICE AMOUNT ITEM STRUCTURAL AND WATERPROOFING REPAIRS FC Floor Crack I 2509 LF $ $ FS Floor Spall 2 SF 140 $ $ OFS Overhead Floor Spall 3 SF 73 $ $ cs Column Spall 4 SF 3 $ $ WC Wall Crack 5 78 LF $ $ ws Wall Spall 6 SF 13 $ $ OBS Overhead Beam Spall 7 SF 12 $ $ OBC Overhead Beam Crack 8 23 LF $ $ DT-ST Double Tee Stem Spall 9 SF 2 $ $ ER Exposed Rebar 10 124 LF $ $ OER Overhead Exposed 11 Rebar 128 LF $ $ PSC Precast Steel 12 Connection EACH 8 $ $ HS Horizontal Sealant 13 528 LF $ $ vs Vertical Sealant 14 425 LF $ $ DC Deck Coating 15 SF 840 $ $ PS Pipe Support 16 EACH 11 $ $ BR Bollard Repair 17 EACH 26 $ $ SR Steel Deck Rust 18 SF 15 $ $ 94 of 145 RA Remove Anchor 19 EACH 345 $ $ WSR Wheel Stop 20 Repair/Replacement EACH 152 $ $ SUBTOTAL STRUCTURAL AND WATERPROOFING REPAIR ITEMS $ ITEM II PAY DESCRIPTION UNITS QTY UNIT PRICE ITEM MISCELLANEOUS ITEMS 21 101-1 MOBILIZATION (10%) LS. I $ 22 102-1 MAINTENANCE OF LS. I TRAFFIC $ 23 TRAFFIC CONTROL HR OFFICER $ 24 CONTINGENCY (20%) LS. I $ SUBTOTAL MISCELLANEOUS ITEMS $ TOTAL $ SUBMITTED THIS PROPOSAL SUBMITTED BY: DAY OF 20 __ . Company Name of Person Authorized to Submit Proposal Signature Title 95ofl45 --------- Telephone Number Fax Number Email Address AMOUNT FORMS REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, BIDDER SHALL PROVIDE A MINIMUM OF THREE 3 REFERENCE LETTERS. REFERENCE #I 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 ___ _ 96 of 145 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 ___ _ 97ofl45 REFERENCE #3 Public Entity Name: __________________________ _ Reference Contact Person/Title/Department: ___________________ _ Contact Number & Email __________________________ _ Public Entity Size/Number of Residents/Square Mileage: ________________ _ Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) ________________________ _ Is the Contract still Active? Yes ___ No ___ _ END OF SECTION 4 98 of 145 ATTACHMENT A SAMPLE OF CONTRACT CONTRACT FOR CONSTRUCTION THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this ___ day of _ _______ _, 2024 (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. PW2024-02 (the "ITB") for construction of CITY OF SOUTH MIAMI MUNICIPAL PARKING PRIORITY I GARAGE REPAIRS - LOCATED AT 5829 SW 7JRD STREET, SOUTH MIAMI, FL 33143 (the "Project"), which 1TB is incorporated herein by reference and made a part hereof as Exhibit "A"; and WHEREAS, in response to the City's 1TB, 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 1TB 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: I. SCOPE OF WORK 1.1. Scope of Work. Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the work described in the Contract Documents (the "Work" or the "Project") including, without limitation as described in the approved plans, drawings and/or specifications prepared by Kimley Hom (the "Project Consultant") attached hereto as Exhibit "A" (the "Plans") and any other documents incorporated herein by reference and made a part of this Contract for the following Project: CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE PRIORITY I REPAIRS LOCATED AT 5829 SW 7JRD STREET, SOUTH MIAMI, FL 33143 I .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. 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 ( I 0) calendar days from the date this Contract is 99 of 145 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. I .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. I .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. 1.4.1.1 0. Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical system and instrumentation system. 100 of 145 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 I (CAD and PDF) versions. 1.4.1.10.2. For construction of new building, or building additions, field improvements, and or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed Registered 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, RFls, 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 IO" high resolution glossy commercial grade and weight color photographic print paper or in a format acceptable to the City. Each photograph must be imprinted on its face with the title of the Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg 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. 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 IOI of 145 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. I. 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 ninety 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 $980.00.00 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 $980.00 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 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 102 of 145 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 ( I 0) 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 I 0th of each month for the prior month to the Project Consultant. Progress payments shall be made in an amount equal to the percentage of Work completed as determined by the City or City's Project Consultant, but, in each case, less the aggregate of payments previously made and less such amounts as City shall determine or City may withhold taking into account the aggregate of payments made and the percentage of Project completion in accordance with the Contract Documents and Schedule of Values, if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or Pay Application (the "Retainage") shall be retained by City until final completion and acceptance of the Work by City. In the event there is a dispute between Contractor and City concerning a Pay Application, dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the disputed Payment Application. The City shall reach a conclusion within 15 days thereafter and promptly notify Contractor of the outcome, including payment, if applicable. 103 of 145 3.4. Prosress 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; 104 of 14S 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 105 of 145 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 Savin&s 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 1TB 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 negot1at1ons, 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 106 of 145 4.4.S. 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 ( I 0) 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 107 of 145 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/wdPublicationsFormsManualsReports/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/wdEmployer/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 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 108 of 145 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 ( I 00%) 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( I )(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 109 of 145 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 chanKed market conditions. 7.2.1. In entering into the Contract, Contractor represents and warrants that it has accounted for any and all inflation-related events, recession, labor or material shortages, supply chain disruptions, delivery lead time, or price increases that may be caused by local and or national conditions, whether known or unknown at the time of entering into the Contract (the "Market Conditions"). Contractor further specifically represents and warrants that it has considered all impacts and potential impacts, including any current and future supply chain disruptions and labor shortages, associated with the following events: (I) worldwide pandemics including, but not limited to, COVID-19 and Monkey Pox (the "Pandemics") and (2) the current military conflict involving Russia and the Ukraine (the "Ukraine Military Conflict"). Contractor also represents and warrants 110 of 145 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, 111 of 145 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 112of145 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 113 of 145 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. I 0. MISCELLANEOUS I 0.1. No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City Manager. I 0.2. Contractor's Responsibility for Damages and Accidents. I 0.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by City and shall promptly repair any damage done from any cause. I 0.2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. I 0.3. 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. I 0.4. Waiver of lury Trial. CITY AND CONTRACTOR KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR 114 of 145 CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY. I 0.5. Prevailing Party; Attorneys' Fees. In the event of any controversy, claim, dispute or litigation between the parties arising from or relating to this Contract (including, but not limited to, the enforcement of any indemnity provisions), the prevailing party shall be entitled to recover from the non- prevailing party all reasonable costs, expenses, paralegals' fees, experts' fees and attorneys' fees including, but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated with discovery, processing, management, hosting, and production of electronically stored information (ESI). I 0.6. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed to be incorporated herein. I 0. 7. Examination and Retention of Contractor's Records. I 0. 7. I. The City or any of its duly authorized representatives shall, for five (5) years after final payment under this Contract, have access to and the right to examine any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this Contract for the purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees to comply specifically with the provisions of Section I 19.070 I, Florida Statutes. I 0. 7 .2. The Contractor agrees to include in any subcontractor contracts for this Project corresponding provisions for the benefit of City providing for retention and audit of records. I 0.7.3. The right to access and examination of records stated herein and in any subcontracts shall survive termination or expiration of this Contract and continue until disposition of any mediation, claims, litigation or appeals related to this Project. I 0. 7.4. The City may cancel and terminate this Contract immediately for refusal by the Contractor to allow access by the City Manager or designees to any Records pertaining to work performed under this Contact that are subject to the provisions of Chapter I 19, Florida Statutes. I 0.8. Authorized Representative. I 0.8.1. 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. I 0.8.2. The Authorized Representative, project managers, superintendents and supervisors for the Project are all subject to prior and continuous approval of the City. If, at any time during the term of this Contract, any of the personnel either functionally or nominally performing any of the positions named above, are, for any reasonable cause whatsoever, unacceptable to the City, Contractor shall replace the unacceptable personnel with personnel acceptable to the City. 115 of 145 I 0.9. Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds the City harmless from any liability on account of any and all such taxes, levies, duties and assessments. I 0.10. Utilities. 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. I 0.1 I. 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. I 0.12. Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean and safe condition. Upon completion of any portion of the Work, Contractor shall promptly 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. I 0.13. 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 ( I 0) 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. I 0.14. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes, and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any required affidavit. I 0.15. 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, 116of145 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. I 0.16. 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. I 0.17. Ownership and Access to Records and Audits. I 0.17.1. Contractor acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all 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). I 0.17.2. Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Contract. The City Manager or her designee shall, during the term of this Contract and for a period of five (5) years from the date of termination of this Contract, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Contract. Contractor additionally agrees to comply specifically with the provisions of Section I 19.070 I, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Contract, and following completion of the Contract until the records are transferred to the City. I 0.17.3. Upon request from the City's custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter I 19, Florida Statutes, or as otherwise provided by law. I 0.17 .4. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Contract are and shall remain the property of the City. I 0.17.5. 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. I 0.17 .6. Any compensation due to Contractor shall be withheld until all records are received as provided herein. I 0.17.7. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Contract by the City. 117 of 145 I 0.17.8. Notice Pursuant to Section 119.070 I (2)(a). Florida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Mailing address: Telephone number: Email: Nkenga "Nikki" Payne, CMC, FCRM 6 I 30 Sunset Drive South Miami, FL 33143 305-663-6340 N Payne@southmiamifl.gov I 0.18. E-Verif_y 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 v1s1t 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. I I. SPECIAL CONDITIONS The following provisions in this Section IO supersede any other provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given transaction and are transaction specific: I 1.1 . Unsatisfactory Personnel. I 1.1.1. Contractor must at all times enforce strict discipline and good order among its employees and 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. I 1.1.2. 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). I 1.2. 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 118 of 145 Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above without the prior written approval of the City. 11.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law, or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic ("MOT") must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department of Transportation, FHWA), must be followed in the design, application, installation, maintenance and removal of all traffic control devices, warning devices and barriers necessary to protect the public and workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and protected at all times. Prior to commencement of the Work, Contractor must provide the City with a proposed MOT plan for 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. I 1.4. 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. I 1.5. Substitutions. Substitution of any specified material or equipment requires the prior written acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient information and documentation to the Project Consultant to allow for a thorough review and determination on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the Contractor's responsibility to meet the requirements of the Contract Documents. The City may require an adjustment in price based on any proposed substitution. I 1.6. Severe Weather Preparedness. During such periods of time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has been given notice of same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as non-compensable, excusable delay. 11.7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act ("ARPA"). Towards that end, the Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Contract Conditions. If compliance with the ARPA Addendum is required, the City shall select this box: □. 11.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded utilizing funds from the grants listed below (each a "Grant"). Accordingly, the Contractor warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work in accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds, the City shall select this box: □. Grant Title Grant Agreement Exhibit 119 of 145 If the Work will be funded utilizing Grant funds, the City shall select this box:□. I I. 9. DBE Contract Assurance. 11.9.1. The City affirms it has encouraged women-owned, minority-owned, and disadvantaged businesses of the Project and be responsive to the opportunity of the award of this Contract. 11.9.2. Contractor, or any subcontractor performing Work under this Contract, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the City deems appropriate. 11.10. Scrutinized Companies. I 1.10.1. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. I 1.10.2. If this Agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. I 1.10.3. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. I 1.10.4. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above- stated contracting prohibitions then they shall become inoperative. 120 of 145 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 61 30 Sunset Drive South Miami, FL 33143 305-668-2510 (telephone) 305-663-6345 (facsimile) chip@southmiamifl.gov ( email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Lillian Arango, Esq. City of South Miami Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 33134 larango@wsh-law.com (email) CONTRACTOR By: ____________ _ Name: _____________ _ Title: ______________ _ Entity: _____________ _ Addresses for Notice: ___________ (telephone) ___________ (email) With a copy to: ___________ (telephone) ___________ (email) 121 of 145 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# I 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 D 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 122 of 145 NOTICE TO PROCEED Dated: ________ _. 20 __ To: Project Name: CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE PRIORITY I REPAIRS You are hereby notified that the Contract Times under the above Contract will commence to run on _____ , 2024. 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 --------~ 2024 and _________ , 2024, __ / __ days respectively. Before you may start any Work at the site, Article 6 provides that you must deliver to the City(.--- check here if applicable, with copies to ______ and other identified additional insureds) Certificates of Insurance in accordance with the Contract Documents. In addition, before you may start any Work at the site, you must: (add any additional requirements) CITY OF SOUTH MIAMI By: ____________ _ Genaro "Chip" Iglesias City Manager ACCEPTANCE OF NOTICE TO PROCEED [INSERT NAME OF CONTRACTOR]. By: ____________ _ Name: _____________ _ Title: ______________ _ Date: ______________ _ 123 of 145 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, following declaration under penalties of perjury: ________ , makes the 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. 124 of 145 ATTACHMENT C ADDENDUM TO CONTRACT AMERICAN RESCUE PLAN ACT (ARPA) 125 of 145 AMERICAN RESCUE PLAN ACT ADDENDUM TO [INSERT NA ME OF AGREE MENT] BETWEEN THE CITY OF SOUTH MIAMI AND [NA ME OF ENTITYJ THIS ADDENDUM to the [INSERT NA ME OF AGREE MENT] (the "Addendum") is entered into as of the_ day of ____ ~ 2022 (the "Effective Date of this Addendum"), by and between the CITY OF SOUTH MIAMI, a Florida municipal corporation, (the "City") and NA ME OF ENTITY, a [State] [type of entity] [if out of state entity, add and confom that the entity is: authorized to do business in Florida] (hereinafter, the "Contractor"). Collectively, the City and the Contractor are referred to as "Parties." WHEREAS, on [DATE], the City entered into a [type of agreement] (the "Agreement'J with the Contractor for the [type of services] related to the [type of roject(s for contractor to implement] (the "Project"), as further defined in the Agreement; and WHEREAS, on March 11, 2021, the federal government adopted the American Rescue Plan Act ("ARPA"), which, among other things, provides local governments with emergency COVID-19 funding; and WHEREAS, the City desires to utilize ARP A funding to implement the Project; and WHEREAS, in order to utilize ARP A funding for the Project, the City desires to incorporate federally required contract provisions relating to ARP A into the Agreement, as set forth in this ARP A Addendum; and WHEREAS, the City and Contractor wish to modify the te1ms of the Agreement in accordance with the terms and conditions set forth in this ARP A Addendum. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein , the City and Contractor agree as follows: 1 1. Recitals Incorporated. The above recitals are true and correct and incorporated herein. 2. American Rescue Plan Act Provisions. The Agreement is hereby amended by adding the following provisions to the Agreement: 2.1.Mandated Federal Agreement Conditions. 2.1.1. In connection with the performance of this Agreement, Contractor acknowledges that compensation for the Project services under this Agreement shall be fully or partially funded using the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act. As such, Contractor shall comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by the American Rescue Plan Act, 1 Coding: Stril1ethr01,1gh wares are deletions to the existing words. Underlined words are additions to the existing words. 126 of 145 including, but not limited to the following documents and guidelines, which are incorporated herein and made a part of this Agreement: ARPA Exhibit I.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), as applicable and as may be amended from time to time; ARPA Exhibit 2.The U.S. Department of the Treasury's Final Rule governing ARPA, dated January 27, 2022; ARPA Exhibit 3.U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds Award Te1ms and Conditions (Assistance Listing Number 21.019); ARPA Exhibit 4.The U.S. Department of the Treasury's Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions, dated April 27, 2022; ARP A Exhibit 5.American Rescue Plan Act Corona virus Local Fiscal Recovery Fund Agreement between the City and the State of Florida, Division of Emergency Management; ARPA Exhibit 6.The U.S. Department of the Treasury's ARPA Compliance and Reporting Guidance, dated June 17, 2022; and ARPA Exhibit ?.Assurances of Compliance with Civil Rights Requirements. A copy of the above-referenced documents are available for inspection by the Contractor at the Office of the City Clerk and at the following City link: ARP A A greements and Docs 2.1.2. Title VJ Requirements. Contractor acknowledges that the City has certified compliance with Title VI of the Civil Rights Act of 1964 to the U.S. Department of the Treasury on the form incorporated herein as ARP A Exhibit 7. Towards that end, Contractor shall ensure that performance of work in connection with this Agreement complies with the certifications and requirements contained in ARP A Exhibit 7 and shall also adhere to the following provisions: ( l) The Contractor and its subcontractors, successors, transferees, and assignees shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with ·•Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement. 127of145 (2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206 .11, and that the Contractor shall undertake an active program of nondiscrimination in its administration of the Work under this Agreement. 2.1.3. Americans with Disabilities Act Requirements. The Contractor agrees to comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and Local government services, and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against individuals on the basis of discrimination under any program or activity under this Agreement. 2.1.4. Age Discrimination Act 0{1975 . Contractor shall comply with the requirements of 42 U .S.C. §§ 6101 et seq., as amended, and the Treasury's implementing regulations (31 CFR Part 23), which prohibits the discrimination on the basis of age in programs or activities under this Agreement. 2.1.5. Protections for Whistleblowers. (1) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation oflaw, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (2) The list of persons and entities referenced in the paragraph above includes the following: i.A Member of Congress or a representative of a committee of Congress. ii.An Inspector General iii .The Government Accountability Office. iv.A Federal employee responsible for contract or grant oversight or management at the relevant agency. v.An authorized official of the Department of Justice or other law enforcement agency. vi.A court or grand jury. vii.A management official or other employee of the Contractor, subcontractor, the State of Florida, or the City who has the responsibility to investigate, discover, or address misconduct. 128 of 145 (3) The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 2.1.6. Compliance with Immigration and Nationality Act (INA). Contractor hereby certifies that it does not knowingly employ unauthorized alien workers in violation of the employment provisions contained in 8 USC Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act ("INA")]. 2.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor shall adopt and enforce policies or programs that require employees to use seat belts while operating or traveling on vehicles owned, rented, or personally owned by the Contractor and its employees while performing the Work. 2.1.8. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225, Contractor shall adopt and enforce policies that ban text messaging while driving and workplace safety policies designed to decrease accidents caused by distracted drivers. 2.1.9. Publication . Contractor shall obtain approval from the City in writing prior to issuing any publications in connection with this Agreement. If approved by the City, the Contractor shall include the following language in any and all publications issued: "This Project is [being funded/was supported] in part by federal award number (FAIN) [Insert Project FAIN] awarded to City of South Miami by the U.S. Department of the Treasury." 2.1.10. Reporting Conflict oflnterests. Contractor agrees to disclose in writing to the City, U.S . Department of the Treasury, and the State of Florida, as appropriate, any potential conflicts of interest affecting the use of funds awarded under the American Rescue Plan Act in accordance with 2 CFR 200.112. 2.2. Compliance with Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Final Rule and other guidelines provided in connection with the American Rescue Plan Act, Contractor shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to: 2.2.1. Equal Employment Opportunity Compliance. During the performance of this Agreement, the Contractor agrees as follows: ( 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; 129ofl45 b. layoff or termination; c. rates of pay or other forms of compensation; and d. selection for training, including apprenticeship The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. ( 4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the U.S. Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked 130ofl45 as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the U.S. Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph ( 1) and the provisions of paragraphs ( 1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 2.2.2. Contract Work Hours and Safety Standards Act Compliance. During the performance of this Agreement, the Contractor shall comply with the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as follows: (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Agreement Work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph ( l) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph ( l) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph ( 1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 131 of 145 (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through ( 4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through ( 4) of this section. 2.2.3. Clean Air Act Compliance. During the performance of this Agreement, the Contractor shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as amended) and specifically agrees as follows: (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in tum, rep011 each violation as required to assure notification to the Environmental Protection Agency Region 4 (Southeast) Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance in connection with this Agreement. 2.2.4. Federal Water Pollution Control Act Compliance. During the performance of this Agreement, the Contractor shall comply with the provisions of Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows: ( 1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in tum, report each violation as required to assure notification to the Environmental Protection Agency Region 4 (Southeast) Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in pai1 with Federal assistance in connection with this Agreement. 2.2.5. Debarment and Suspension Compliance. During the performance of this Agreement, the Contractor warrants that Contractor or its subcontractors are not debarred, suspended, or otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Contractor shall comply with the following provisions: (1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S. Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded ( defined at 2 C.F.R. § 180.940) or disqualified ( defined at 2 C.F.R. § 180.935). 132of145 (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into . (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City , the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C .F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. (5) Contractor certifies that they: 1. Are not presently debarred, suspended, proposed for deba1ment , declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 11. Have not, within a five (5)-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under 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. iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local); and 1v. Have not, within a five (5)-year period preceding this Agreement, had one or more public transactions (Federal, State or Local) terminated for cause or default. If the Contractor is unable to obtain and provide such certification, then the Contractor shall attach an explanation to this Agreement as to why not. 2.2.6. Byrd Anti-Lobbying Amendm ent (31 U.S.C. § 1352. as amended). During the performance of this Agreement, the Contractor and its subcontractors shall comply with the provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). Specifically, Contractor represents and warrants as follows: (1) No Funds received by the Contractor under this Agreement have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, 133ofl45 continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any monies, other than Funds received by Contractor under this Agreement, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The Contractor shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all such sub-recipients shall certify and disclose accordingly. ( 4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by the Byrd Anti- Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100 ,000 for each such failure . 2.2.7. Copeland "Anti-Kickback " Act. During the performance of this Agreement, the Contractor and its subcontractors shall comply with the provisions of the Copeland "Anti- Kickback" Act as follows: (1) The Contractor shall comply with 18 U.S.C . § 874, 40 U .S.C. § 3145 , and the requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by reference into this Agreement. (2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal government may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses . (3) Breach. A breach of the contract clauses above may be grounds for termination of this Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 2.2.8. Procurement o(Recovered Materials . Contractor shall comply with the provisions of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items, unless the product cannot be acquired: (l) competitively within a timeframe providing for compliance with the contract performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable pnce. 134of145 Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site , htt ps: //www.e pa.gov/smm/ com prehensive procurement-guideline-c pg -pro gram . 2.2.9. Domestic Preferences for Procurements. To the greatest extent practicable, Contractor and its subcontractors shall provide preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, in accordance with 2 CFR 200.322, "Domestic preferences for procurements." 2.2.10. 2 CFR Subpart F -Audit Requirements. Contractor shall assist the City in complying with the audit requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provisions") and the reporting requirements of the U.S. Department of the Treasury's Final Rule, as amended, and other guidelines issued in connection with the American Rescue Plan Act. ( 1) Contractor shall assist the City in complying with the Federal Audit Provisions by providing the City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the Inspector General, the Government Accountability Office, or other federal government entities, and any of their duly authorized representatives , access to personnel, accounts, books, records, supporting documentation, and other information relating to the performance of the Agreement or the Work ("Documentation") necessary to complete federal audits. Contractor shall promptly assist the City in the event Documentation must be supplemented to address audit findings or other federal inquiries. (2) Contractor shall keep all Documentation up-to-date throughout the performance of this Agreement and the Work. Contractor shall provide the City with all Documentation for each fiscal year by October 1 of each year or within five days of the completion of the Work, whichever occurs first. Contractor shall assist the City in complying with additional guidance and instructions issued by the U.S. Department of the Treasury governing the reporting requirements for the use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds. 3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the terms and provisions of this Addendum and the terms and provisions of the Agreement, the terms and provisions of this Addendum shall control. 4. Agreement Ratified. Except as otherwise specifically set forth or modified herein, all terms in the Agreement are hereby ratified and affirmed and shall remain unmodified and in full force and effect in accordance with its terms. 5. Defined Terms. All initial capitalized terms used in this Addendum but not otherwise defined herein shall have the same meaning ascribed thereto in the Agreement. 6. Counterparts. This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same 135ofl45 instrument. An executed facsimile or electronic copy of this Addendum shall have the same force and effect as an original hereof. [Remainder of page intentionally left blank. Signature pages follow.] 136 of 145 ATTACHMENT D NOTE: PLANS ARE PROVIDED AS A SEPARATE DOCUMENT "DESIGN PLANS AND SPECIFICATIONS" "MUNICIPAL GARAGE PRIORTY I RESTORATION" Prepared by: KIMLEYHORN 2 Alhambra Plaza Suite 500 Coral Gables, FL 33134 Ph: 305/673-2025 138ofl45 ATTACHMENT E FORM OF 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 1TB No. PW2024-02, which was awarded on ---------~ 2024, 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: I. 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( I) 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 (I) 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 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. 139ofl45 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, AD., 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 (Affix Corporate Seal) FOR THE SURETY: WITNESS: Name of Corporation By: ____________ _ Print Name: ____________ _ Title: ______________ _ Agent and Attorney-in-Fact Print Name: ____________ _ Title: ______________ _ Address: _____________ _ Telephone: ______ _ 140 of 145 mEM PAV.ITE IQI 1 FC 2 FS 3 OFS 4 cs 5 WC 6 ws 7 OBS 8 OBC 9 OT-ST 10 ER 11 OER 12 PSC 13 HS 14 vs 15 DC 16 PS 17 BR 18 SR 19 RA 20 WSR fl'Ef!J P-A)>,ITEM 21 101-1 22 102-1 23 24 REVISED SCHEUDLE OF VALUES: ADDENDUM No. 2 March 8, 2024 City of South Miami -SCHEDULE OF VALUES 1TB #PW2024-02 ~ ~ DE,SORlP.ill l0N UNftS Ql:iAN:riT,'r' U:f,I Jll,p~IGJ: STRUCTURAL AND WATERPROOFING REPAIRS Floor Crack 2509 8 .71 LF $ Floor Spall SF 140 115 .00 $ Overhead Floor Spall SF 73 136.00 $ Column Spall SF 3 550 .00 $ W all Crack 78 57 .00 LF $ W all Spall SF 13 247.00 $ Overhead Beam Spall SF 12 226 .00 $ Overhead Beam 23 88 .00 Crack LF $ Double Tee Stem SF 2 515 .00 Spall $ Exposed Rebar 124 s 91 .00 LF Overhead Exposed 128 s 120.00 Rebar LF PrecastSteel EACH 8 s 92 .00 Connection Horizontal Sealant 528 9 .28 LF $ Vertical Sealant 425 9.64 LF $ Deck Coaling SF 840 9 .16 $ Pipe Support EACH 11 s 104.00 Bollard Repair EACH 26 196.00 $ Steel Deck Rust SF 15 96.00 $ Remove Anchor EACH 345 s 25.00 Wheel Stop EACH 152 s 100.00 Repair/Replacement - SUBTOTAL STRUCTURAL AND WATERPROOFING REPAIR ITEMS OE,SJ;Rlp:rfe.t,1 MOB I LIZA TION(10%) MAINTENANCE OF TRAFFIC TRAFFIC CONTROL OFFICER 5~onlingency 20% UNl'FS 'll!0~TIT,¥ 1$fliPRJOE I MISCELLANEOUS ITEMS L.S . 1 - L.S . 1 - HR 400 $ 52.00 L.S. 1 - SUBTOTAL MISCELLANEOUS ITE MS 3 of 3 144 of 145 TOTAL AM 0 UNT $ 21 ,853 .39 $ 16 ,100 .00 $ 9,928 .00 $ 1,650 .00 $ 4 ,446.00 $ 3,211 .00 $2,712.00 s 2 ,024 .00 s 1,030.00 s 11,284 .00 s 15,360.00 $ 736 .00 $ 4,900.00 s 4,097.00 s 7,700 .00 s 1,144.00 $ 5 ,096 .00 $ 1,440.00 s 8 ,625 .00 s 15 ,2 00.00 $ 138,536.39 ll 41,1eu~rr ~ $ 13,853.00 $ 3,000.00 $ 20,800.00 $ 27 .707 .00 $ 65,360.00 $ 203,896.39 END OF DOCUMENT 145 of 145 1 of 87 CONTRACT FOR CONSTRUCTION THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made this dayof , 2024 (the “Effective Date”) by and between the CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal corporation, (the “City”), and WESTERN WATERPROOFING COMPANY OF AMERICA, A Missouri Corporation, D/B/A WESTERN SPECIALTY CONTRACTORS OF AMERICA (the“Contractor”). WHEREAS, the City issued Invitation to Bid No. PW2024-02 (the “ITB”)for construction of CITY OF SOUTH MIAMI MUNICIPAL PARKING PRIORITY 1 GARAGE REPAIRS – LOCATED AT 5829 SW 73rd STREET, SOUTH MIAMI, FL 33143 (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 $203,896.39 in response to the ITB and was selected and awarded this Contract pursuant to ResolutionNo.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 OFWORK 1.1.Scope of Work.Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the work described in the Contract Documents (the “Work” or the “Project”) including, without limitation as described in the approved plans, drawings and/or specifications prepared by Kimley Horn (the “Project Consultant”) attached hereto as Exhibit “C” (the “Plans”) and any other documents incorporated herein by reference and made a part of this Contract for the followingProject: CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE PRIORITY 1 REPAIRS LOCATED AT 5829 SW 73RD STREET, SOUTH MIAMI, FL 33143 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 thisconference. 1.3.Project Schedule.Contractor must submit a proposed Project Schedule asfollows: 6 2 of 87 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 paymentapplication. 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 .pdfformat. 1.4.Records. 1.4.1.As-Built Drawings. During the Work, Contractor must maintain records of all deviations fromtheDrawingsasapprovedbytheProjectConsultantandpreparetwocopiesof As-BuiltRecord 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 asfollows: 1.4.1.1.Depths of various elements of foundation in relation to finish first floordatum. 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 periodicmaintenance. 1.4.1.4.Field changes in dimensions anddetails. 1.4.1.5.Changes made by Project Consultant’s written instructions or by ChangeOrder. 1.4.1.6.Details not on original ContractDrawings. 1.4.1.7.Equipment, conduit, electrical panellocations. 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 torecord: 1.4.1.9.1.Manufacturer, trade name, catalog number and Supplier of each product and item of equipment actuallyinstalled. 1.4.1.9.2.Changes made by Project Consultant’s written instructions or by Change 7 3 of 87 Order. 1.4.1.10.Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical system and instrumentationsystem. 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 sealedby a FloridaLicensed Registered LandSurveyor. 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 Drawingmust be submitted in both hardcopyand as electronicplot 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 inanacceptableformat to theCity.Contractormustsubmitwith eachapplicationforpayment 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 sleevesthatcanbeaddedto thebinder.Thethree-ringbindermust beofsuchsize to beableto hold all printpictures. 1.5.StagingSite. 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,includinganyfencingofthesite,andanyloss,damageortheft to its equipment and materials. Any fencing of the Staging Site is subject to the prior written approvaloftheCity. 1.5.2.The City at its sole discretion may make a staging site available for use by the 8 4 of 87 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 responsiblefor anyloss, damageor theft to its equipment and materials. The Contractor must restore the site to its pre-existing condition prior to the Contractor’s use of thesite. 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 includedinthecostoftheWork.TheContractoris solelyresponsibleforthepurchase,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 asapplicable. 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 thisContract. 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 Completionshallbedefinedfor this purposeas the dateon which Cityreceivesbeneficialuseof the Project. TheWork shallbefullycompleted inaccordancewith theContractDocumentswithin ninety 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 requiredherein. 2.3.Upon failure of Contractor to substantially complete the Work as defined in this Agreement within the Contract Time, Contractor shall pay to City the sum of $980.00 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 9 5 of 87 Work and achieve Final Completion within the Final Completion Time, Contractor shall pay to City the sum of $980.00 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 damagespayable by Contractor to Cityfor 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 underthis Contract. In casethe liquidated damageamount due to Cityby Contractor exceeds monies due Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City the amount of saidexcess. 3.CONTRACT PRICE AND PAYMENT PROCEDURES 3.1.Guaranteed Maximum Price.The City shall pay the Contractor an amount not to exceed $203,896.39 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 bylaw. 3.2.ScheduleofValues.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 breakdownafterreviewoftheContractor’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 CityManager. 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 10 th of 10 6 of 87 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 WorkbyCity.Intheeventthereisadispute 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, ifapplicable. 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 forpayment; 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 Contractorof: 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 ContractDocuments; 11 7 of 87 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 ContractDocuments; 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 anddebris; 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 CostSavings. 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 Cityfrom loss for whichthe Contractoris 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 defectiveWork; 3.6.2.A third-partyfilesa claimor lien in connectionwiththeWork 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 ContractSum; 3.6.5.The Contractor, its employees, subcontractors, or agents have damaged theCity; 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 anticipateddelay; 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 12 8 of 87 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.Anyother 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 ValueEngineering. 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 ContractPrice. 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 toCity. 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 “C” (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 13 9 of 87 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 writtenauthorization. 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 BaseAgreement; 4.4.3.Third Priority: Exhibit “C,” the Plans and TechnicalSpecifications; 4.4.4.Fourth Priority: Exhibit “B,” the Bid; and 4.4.5.Fifth Priority: Contract Documents, excluding this Base Agreement and Exhibits listed in this Section. 5.INDEMNIFICATION 5.1.To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its officers, agents, consultants, and employees, from and against any and all demands, claims, losses, expenses, suits, liabilities, causes of action, judgment or damages, including but not limited to legal fees and costs and through appeal, arising out of, related to, resulting from, or in any way connected with Contractor’s negligence, recklessness, or intentional misconduct in the Contractor’s performance or non- performance of this Contract, Contractor’s obligations, or the Work related to the Contract, including but not limited to by reason of any damage to property, or bodily injury or death incurred or sustained by any person, or to injury to or destruction of tangible property or any other property (other than the Work itself) including the loss of use resulting therefrom, caused in whole or in part by any willful, wanton, or negligent, or grossly negligent acts or omissions of Contractor, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a 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 thisContract. 14 10 of 87 6.INSURANCE ANDBONDS 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 setforth in this Section 6.1. 6.1.1.1.Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit (except for Products/Completed Operations) shall be in the amount of $2,000,000. 6.1.1.2.Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker’s Compensation insurance. In order for this requirement to be waived, Contractor must provide proof of exemption from such laws. Information regarding eligibility for an exemption from the State of Florida Workers’ Compensation Law is available at: https://www.myfloridacfo.com/Division/wc/PublicationsFormsManualsReports/Broc hures/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 15 11 of 87 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 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 anyclaim. 6.1.3.The provisions of this section shall survive termination of thisContract. 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 16 12 of 87 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 ANDWARRANTIES 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 requirementsofthe 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 (orassumes 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. 17 13 of 87 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 ContractDocuments. 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,studiesanddata with the Contract Documents. 7.1.1.7.Contractor has given City written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by City is acceptable to Contactor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.1.1.8.The Contractor agrees and represents that it possesses the requisite qualifications and skills to perform the Work and that the Work shall be executed in a good and workmanlike manner, free from defects, and that all materials shall be new and approved by or acceptable to City, except as otherwise expressly provided for in the Contract Documents. The Contractor shall cause all materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project. 7.2.No recovery for changed market conditions. 7.2.1.In entering into the Contract, Contractor represents and warrants that it has accounted for any and all inflation-related events, recession, labor or material shortages, supply chain disruptions, delivery lead time, or price increases that may be caused by local and or national conditions, whether known or unknown at the time of entering into the Contract (the “Market Conditions”). Contractor further specifically represents and warrants that it has considered all impacts and potential impacts, including any current and future supply chain disruptions and labor shortages, associated with the following events: (1) worldwide pandemics including, but not limited to, COVID-19 and Monkey Pox (the “Pandemics”) and (2) the current military conflict involving Russia and the Ukraine (the “Ukraine Military Conflict”). Contractor also represents and warrants that in determining time requirements for procurement, installation, and construction completion, Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and Contract Sum. 7.2.2.Contractor shall not seek any price increases or time extensions relating to or arising from the impacts of any Market Conditions, the Pandemics or Ukraine MilitaryConflict. 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 18 14 of 87 perform in a position of employment, and agrees to abide by all federal and state laws regardingnon-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 orcontingent 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 saidWork, 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 thefees. 7.4.Defective Work; Warranty andGuarantee. 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-defectiveWork. Contractor shallbear 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 indefault. 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 19 15 of 87 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 isdiscovered. 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 discontinuethe 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 anyor all materials and equipmenton the Projectsite as maybe 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 anymonies 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 saidexcesspromptlyupondemandthereforebyCity. In theevent 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 describedbelow. 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 theprovisions 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. (i)Termination Due to Lack of Funding.This Contract is subject to the conditions precedent that: City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price; 20 16 of 87 (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 isrequired. 8.4.No Damages for Delay.No claim for damages or any claim, other than for an extension of time shallbemadeorassertedagainstCitybyreasonofanydelays.Contractorshallnotbeentitledto 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 resultingdelay. 8.5.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. 8.6.Litigation of Claims.Mediation shall not be required before either party may proceed to litigation. 8.7.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 THEWORK 9.1.ChangeOrders. 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 21 17 of 87 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 CityCouncil. 9.1.4.In theevent a satisfactoryadjustmentcannotbe reached,and a COhasnotbeenissued, 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 theCity. 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 CityManager. 10.2.Contractor’s Responsibility for Damages andAccidents. 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 toCity. 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 22 18 of 87 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 enforcementof 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 requiredbyapplicablelawshallbedeemed to be incorporatedherein. 10.7.Examination and Retention of Contractor’sRecords. 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,theContractoragrees to comply specifically with the provisions of Section 119.0701, FloridaStatutes. 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 ofrecords. 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 thisProject. 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 23 19 of 87 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 theCity. 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 andassessments. 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'sexpense. 10.13.Liens.Contractorshallnotpermit anymechanic’s,laborer’sor materialmen’s liento 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 24 20 of 87 pay City ’s reasonable attorneys' fees and costs incurred in connectiontherewith. 10.14.Public Entity Crimes Affidavit.Contractor shall comply with Section 287.133, Florida Statutes, and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference,including execution of any requiredaffidavit. 10.15.Independent Contractor.The Contractor is an independent contractor under the Contract. This Contract doesnotcreateanypartnershipnorjointventure.ServicesprovidedbytheContractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees,oragentsoftheCity.Personnelpolicies,taxresponsibilities,socialsecurityand health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of theContractor. 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 propernotice. 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 (whetherpatentable 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 theCity. 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 25 21 of 87 the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of this Contract, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 10.17.6.Any compensation due to Contractor shall be withheld until all records are received as provided herein. 10.17.7.Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Contract by the City. 10.17.8.Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records:Nkenga “Nikki” Payne, CMC, FCRM Mailing address:6130 Sunset Drive South Miami, FL 33143 Telephone number:305-663-6340 Email:NPayne@southmiamifl.gov 10.18.E-Verify Affidavit.In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each partyto the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:https://www.e- verify.gov/faq/how-do-i-provide-proof-of-my- participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E- Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. 11.SPECIAL CONDITIONS The following provisions in this Section 10 supersede any other provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given transaction and are transaction specific: 11.1.Unsatisfactory Personnel. 11.1.1.Contractor must at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or anyone not skilled in the Work to which they areassigned. 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 26 22 of 87 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 saidindividual(s). 11.2.Hours of Work.Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall conduct its operations so as not to interfere with or close any thoroughfare, without the written consent of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in accordance with the requirements and limitations of applicable law including, without limitation, the City Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above without the prior written approval of the City. 11.3.Maintenance of Traffic.Whenever required by the scope of Work, by federal, state, or local law, or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic (“MOT”) must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department of Transportation, FHWA), must be followed in the design, application, installation, maintenance and removal of all traffic control devices, warning devices and barriers necessary to protect the public and workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and protected at all times. Prior to commencement of the Work, Contractor must provide the City with a proposed MOT plan for review.TheCitymayrequirerevisionsto theproposed MOTplan.The MOTplan 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 MOTplan. 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 pricesstipulatedintheContract for saidWork. 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 proposedsubstitution. 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 necessaryto 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, excusabledelay. 11.7.American Rescue Plan Act Contract Conditions.The Contractor acknowledges that 27 23 of 87 the Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). Towards that end, the Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Contract Conditions. If compliance with the ARPA Addendum is required, the City shall select this box: ☐. 11.8.Grant Funding.The Contractor acknowledges that the Work may be fully or partially funded utilizing funds from the grants listed below (each a “Grant”). Accordingly, the Contractor warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work in accordance with the terms and conditions of the Grant. If the Work will be fundedutilizing Grant funds, the City shall select this box:☐. Grant Title Grant Agreement Exhibit If the Work will be funded utilizing Grant funds, the City shall select this box:. 11.9.DBE Contract Assurance. 11.9.1.The City affirms it has encouraged women-owned, minority-owned, and disadvantaged businesses of the Project and be responsive to the opportunity of the award of thisContract. 11.9.2.Contractor, or any subcontractor performing Work under this Contract, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the City deems appropriate. 11.10.Scrutinized Companies. 11.10.1.Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 11.10.2.If this Agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or 28 24 of 87 engaged with business operations in Cuba or Syria during the term of the Agreement. 11.10.3.The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under thisAgreement. 11.10.4.As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above- stated contracting prohibitions then they shall becomeinoperative. 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:CONTRACTOR: WESTERN WATERPROOFING COMPANY OF AMERICA D/B/A WESTERN SPECIALTY CONTRACTORS OF AMERICA 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: By: Name: Title: Entity: Addresses for Notice: Genaro “Chip” Iglesias City of South Miami Attn: City Manager 6130 Sunset Drive South Miami, FL 33143 (telephone) 305-668-2510 (telephone)(email) 305-663-6345 (facsimile) chip@southmiamifl.gov (email) 29 25 of 87 With a copy to: Weiss Serota Helfman Cole & Bierman, P.L.____________________________________ Attn: Lillian Arango, Esq. ____________________________________ City of South Miami Attorney 2800 Ponce de Leon Blvd., Suite 1200 Coral Gables, FL 33134 larango@wsh-law.com (email) 30 26 of 87 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 (Typeof Identification:) Did take an oath; or Did not take an oath 31 27 of 87 NOTICE TO PROCEED Dated:, 20 To:` Project Name: CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE PRIORITY 1 REPAIRS You are hereby notified that the Contract Times under the above Contract will commence to run on , 2024. 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 ,2024 and , 2024, / daysrespectively. Before you may start any Work at the site, Article 6 provides that you must deliver to theCity ( check here if applicable, with copies to and other identified additional insureds) Certificates of Insurance in accordance with the Contract Documents. In addition, before you may start any Work at the site, you must: (add any additional requirements) CITY OF SOUTH MIAMI By: Genaro “Chip” Iglesias City Manager ACCEPTANCE OF NOTICE TO PROCEED [INSERT NAME OF CONTRACTOR]. By: Name: Title: Date: 32 City of South Miami Municipal Garage Structural Condition Assessment – FINAL September 27, 2023 33 1 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Table of Contents Executive Summary .................................................................................................................... 2 Introduction ................................................................................................................................. 3 Scope of Work .................................................................................................................................. 3 General Description ......................................................................................................................... 3 Previous Modifications and Repairs Observed ................................................................................ 4 Ratings ....................................................................................................................................... 5 Key Findings ............................................................................................................................... 7 Concrete and Waterproofing ............................................................................................................ 7 Miscellaneous Items ....................................................................................................................... 11 Recommendations .................................................................................................................... 13 Prioirity 1 Recommendations ......................................................................................................... 14 Priority 2 Recommendations .......................................................................................................... 14 Priority 3 Recommendations .......................................................................................................... 15 Appendices ................................................................................................................................... Appendix A - Field Photographs .................................................................................................... 16 Appendix B – Limitations................................................................................................................ 19 Appendix C – Guidelines and Definitions ....................................................................................... 20 Appendix D – Opinion of Probable Cost ........................................................................................ 24 34 2 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL EXECUTIVE SUMMARY At the request of City of South Miami (“Owner”), Kimley-Horn and Associates, Inc. completed a limited condition assessment of the Municipal Parking Garage, as part of the agreement dated May 23, 2023. The limited condition assessment site visits were performed on August 29, September 5, and September 13, 2023. The purpose of the condition assessment was to observe the general condition of the parking structure, identify deficient items, provide repair recommendations and order of magnitude cost for repairs. The parking garage is constructed of various structural framing systems, including precast concrete and cast-in-place concrete elements. The property is located at 5829 SW 73rd St, South Miami, Florida with a single entrance to parking at the ground level on the west side of the garage. In this report, the elements observed during the condition assessment are categorized into three types of systems: the primary structural framing system, operational systems, and aesthetic systems. The observed structural framing system consis ted of the slabs, beams, columns, walls, bearing pads, curbs, joints, waterproofing, architectural sealants, and parapets. The observed operational systems generally consisted of the piping, lighting, striping, signage, and safety items. Observed aesthetics systems consisted of the exterior façade, painting, and general overall appearance. No destructive or intrusive testing was performed as part of our evaluation. Deficient items observed during the non-destructive, visual walkthrough survey have been categorized according to the recommended urgency with which the deficiencies are recommended to be addressed. Critical Priority items have been determined to compromise the structural integrity of precast double-tee members and shall be addressed immediately. Priority 1 items have been determined to impose a more immediate impact on the building and parking deck and are those items that are recommended to be addressed within the next 6 months. Priority 2 and 3 items include those deficiencies that have less immediate impact on structural and operations of the building and are therefore recommended to be addressed after Priority 1, but in the next 24 months. Refer to the Opinion of Probable Cost (“OPC”) provided in Appendix D for the total cost of all Priorities. No immediate, life-threatening structural issues were observed in the condition assessment. However, double tee (DT) flange connections in the ramp form Level 2 to level 3 shall be monitored periodically. The extent of recommended repairs remained generally consistent throughout the parking garage. Based on limited, non-destructive, visual observations, the overall performance rating for the City of South Miami Municipal parking garage is fair. The details of these findings are discussed further in the main body of this report. 35 3 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL INTRODUCTION S COPE OF W ORK At the request of City of South Miami (“Owner”), Kimley-Horn and Associates, Inc. (Kimley-Horn) has performed a condition assessment for the City of South Miami Municipal Parking Garage. The objective of this report is to provide the Owner with a condition assessment report to document the general condition of the parking and service facilities, identify deficient items, and recommend repairs to maintain and extend the service life of the structures. Based on our recommendations, opinion of probable repair costs is provided in Appendix D. As part of the scope of services, a visual, non-destructive limited condition assessment of the parking deck’s structural components, waterproofing components, and drainage deficiencies was conducted. In addition, Kimley-Horn completed the following tasks as part of the on-site assessment: 1. Met with the Client to prepare the condition assessment and restoration scope, who were familiar with the structures to solicit input related to known maintenance issues. 2. Reviewed limited structural and architectural plans provided by the Client. Kimley-Horn observed structural framing elements including, precast concrete components and cast-in- place concrete components. The precast concrete structural framing components included double-tees, inverted T-beams, columns, and shear walls. The cast-in-place concrete components included slab-on- grade, topping slabs, and concrete washes . Kimley-Horn observed waterproofing systems including waterproofing membrane, and joint sealants. Kimley-Horn observed miscellaneous items including vehicular barrier systems, pipes, and railings. Observations of the exterior façade were conducted from grade level. Limited hammer soundings were performed on representative areas of concrete floor systems to identify delamination. Destructive and/or intrusive testing was not performed as a part of our visit. Defining structural characteristics and items indicative of overall current conditions along with specific items requiring attention were documented with photographs and can be found in Appendix C. A limited review was completed of documents previously provided by the Client. The documents consisted of original and as-built plans for the parking garage. Kimley-Horn only reviewed the documents to become familiarized with the parking garage layout. Kimley-Horn did not perform structural calculations, structural analyses (gravity or lateral) or code reviews of the structures, including accessibility. G ENERAL D ESCRIPTION Provided below is a general description of the Municipal Garage, based on the walk-through performed and information provided in the existing plans provided by the Client. • Property: The property is located at 5829 SW 73rd St, South Miami, Florida. The structure consists of restaurants, commercial retail spaces and parking decks. The parking structure on the property is confined by SW 58th Ct, SW 58th Ave and SW 73rd St. 36 4 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Aerial Image Courtesy of Google Earth • Contractor: Unknown. • Year Constructed: Construction of the parking garage and commercial spaces was circa 2006. • Construction Type: The structural framing system consists of precast double-tees, inverted T- beams, columns, and walls; and cast-in-place slabs and washes. • Parking and Vehicular Access: There is a single entrance to parking at the ground level on the west side of the garage. • Expansion Joints: There are no expansion joints in the parking structure. • Description: The parking garage consists of four elevated parking decks over a commercial space on the ground level containing restaurants and retail stores . PREVIOUS MODIFICATIONS AND REPAIRS OBSERVED The following repairs were observed to be previously completed under a separate project (not by Kimley- Horn). • Waterproofing sealant application. • Concrete repairs and patches. • Routed and sealed concrete. 37 5 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL RATINGS A visual, non-destructive condition assessment of the readily accessible structural and waterproo fing elements was conducted on the parking deck and vehicle service facilities. The tables in this section contain categories of structural and waterproofing components that were observed during the on-site limited condition assessment with each element receiving a rating of ‘Good’, ‘Fair’, ‘Poor’, or ‘N/A’ which represents the median condition of all individual similar elements within that category. Rating descriptions are defined in Appendix C. Tables are also provided summarizing assessment ratings for several readily accessible operational and aesthetic elements. The parking garage was generally found in fair condition, with damaged precast connections, minor cracks and spalling in concrete members and typical water proofing deficiencies. More detailed information is provided within the next section elaborating on key observations and findings, noted with an asterisk (*). Table 1. Structural Elements Ratings Item Rating Description Concrete (General) Good Concrete was found in generally good condition, with minor deterioration observed around the structure, such as spalls with or without exposed reinforcement, delaminated concrete, and cracking. Slab-on-Grade Fair Typical cracks were observed on grade level. Additional cracks not observed may be present upon removal of dirt and debris from powerwashing the floor surface. Precast Double Tees Fair/Poor Precast Double Tees were observed to have few spalling on the stems and floor cracks. Multiple flange connections are damaged at the ramp from Level 2 to Level 3. Multiple spalling was observed adjacent to flange connections. Additional cracks not observed may be present upon removal of dirt and debris from powerwashing the floor surface. Inverted T-Beams Good Inverted T-beams were found in generally good condition, with few cracks and spalls throughout the garage. Columns/Walls Good Walls and columns were observed to be in generally good condition, with few cracks and spalls throughout the garage. Sealants Fair Sealants were observed to be in generally fair condition, with areas deteriorated around column and panel joints throughout the garage, primarily on covered floor. Sealants on the top deck were in good condition. Waterproofing Traffic Coating Fair Traffic coating was observed to be in generally fair condition, with signs of typical wear and debonding. Miscellaneous Metals Poor Mechanical equipment supports, pipe supports, bollard base plates, and electrical conduit pipe supports were observed to be in generally poor condition with significant corrosion. Precast Steel Connections Fair/Poor Damaged Double-Tee Flange connections were observed in multiple locations along the ramp from Level 2 to level 3. Typical precast steel connections were observed with signs of corrosion. Plastic covers were missing in few locations, allowing exposure to the elements. 38 6 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Table 2. Operational Elements Ratings Item Rating Description General Maintenance Fair Parking deck was observed to contain dirt and debris build up. Water stains and signs of water intrusion observed in multiple locations. Floor Drains Good Floor drains throughout the garage were observed to be in generally good condition and free of debris. Water Ponding Good Only few small areas of water ponding were observed, which indicates overall adequate drainage slope and functioning floor drains. Pipes Good/Poor Pipes were observed to be in generally good condition without significant corrosion. However, pipe supports were observed to be corroded. Table 3. Aesthetic Elements Ratings Item Rating Description Façade Good Façade was observed to be in generally good condition with typical concrete and stucco wall cracks at few locations. Paint Fair Areas in need of new paint were observed on the top deck. 39 7 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL KEY FINDINGS Outlined below are the key findings of our limited condition assessment of the parking garage. The intent of this summary is not to list every deficiency observed or recommended for repair, but rather to provide a more detailed description of key items included in the list of elements in the ratings tables above. Representative photographs were taken to provide examples of observed deficiencies and can be found in Appendix A. Select photographs are provided within this section. CONCRETE AND WATERPROOFING • Precast Double Tees Areas of cracking and spalling of concrete were observed on the double tee beams, primarily at the base of the stem or at the flange connections. Overhead floor spall Overhead floor crack Overhead floor spall Overhead spall 40 8 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL • Slab-on-Grade Slab-on-grade floor cracks Slab-on-grade floor cracks Typical instances of cracking and spalling of concrete were observed on the slab-on-grade. Previous crack repairs consisting of routing and sealing were observed. Additional cracks not observed may be present upon removal of deck coating and dirt and debris from powerwashing the floor surface. • Spandrels and Inverted T-Beams Few cracks and spalls were observed on the spandrels and inverted T-beams, which generally occurred at the column supports. Parking Level 3 Level 2 Exterior 41 9 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL • Double-Tee Connections Broken and missing flange connection were identified in the ramp from Level 2 to Level 2. Significant cracking was also observed in some instances on the top side of the double-tee cantilevered flange. This may be attributed to failed flange connections between the double-tees, which results in high bounce at the joint and further damage to the structural members around the connection. Missing Flange Connection Broken Flange Connection Floor crack Floor crack 42 10 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL • Sealants Multiple areas of deteriorated sealant were observed. Deteriorated sealants were noted between column/wall to floor slabs and wall joints. Water intrusion stains were observed at various areas. Horizontal sealant Horizontal sealant Horizontal double-tee sealant Vertical sealant 43 11 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL • Water Proofing Traffic Coating Signs of water intrusion were observed throughout the garage due to inadequate water proofing. The deck coating on the lower levels is showing signs of deterioration and overtime will lead to water intrusion into the slab and concrete members if not replaced. Deck coating Water intrusion – parking level 4 MISCELLANEOUS ITEMS Other miscellaneous items such as steel corrosion, wheel stop replacement/repair and powerwashing were observed to be needed. Steel anchors embedded into the concrete deck remain exposed and will lead to corrosion and concrete delamination over time. Additionally, powerwashing of the parking deck is recommended as part of the general maintenance of the garage. Debris buildup Electrical Conduit Pipes 44 12 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Pipe supports Pipe supports Metal deck rust Missing plastic cover 45 13 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL RECOMMENDATIONS Parking decks are exposed to the environment and require diligent upkeep of waterproofing and sealing systems to maintain structural components in good condition. Anywhere water is intruding or steel is exposed to the environment should be addressed, as ignoring these items can limit the useful life of the garage. While operational and aesthetic issues may not directly affect the deck’s life span in the same way that structural issues can, they should not be ignored solely on that basis. The Owner has a vested interest in maintaining a user friendly, appealing structure in the same way it has an interest in protecting its parking investment from the effects of disregard of structural repairs. The recommendations in this report are primarily structural and waterproofing issues; however, some operational issues are also addressed. The following repair recommendations have been prioritized according to their impact on the overall structural and waterproofing systems, operational and aesthetic systems of the parking garage. Priority 1 recommendations are typically more structural in nature and intended to repair / restore items that are now deficient. Priority 2 and 3 recommendations are intended to assist in protecting the deck from further deficiencies. A table has been prepared with action items for each priority. • CRITICAL PRIORITY 1 deficient items may present a life-safety concern if not periodically monitored and are recommended to be addressed immediately. • PRIORITY 1 deficient items have a more immediate impact to the functionality of the building systems and are recommended to be addressed within 6 months. Included are also items observed that may present a life-safety concern if not periodically monitored. • PRIORITY 2 and 3 deficient items are intended to assist in protecting the building from further deficiencies and are recommended to be addressed within 24 months. Implementation of these recommended repairs can be phased and scheduled around the Owner’s parking and service program to accommodate patron usage during the repair process. Many of the recommendations listed below will require specialized design and construction. Specific repair procedures are not part of this condition assessment report. These recommendations outline items in need of repair and present limited conceptual procedures. Construction documents should be developed to address material selection and detailed methods of repairs. A firm with expertise in parking deck repairs should be retained to design and detail the specialty recommendations provided below. Once restoration construction documents are prepared, a specialty contractor should be selected to perform the work . CRITICAL PRIOIRITY RECO MMENDATIONS Table 4. Critical Priority Recommendations Number Description Notes STRUCTURAL DT Flange Connections Reinforce damaged connections by installing supplementary rebar on each side of the connection. Repair concrete spalling at the edge of DT flanges and install new joint sealant. Divert traffic away from the driving lanes (i.e. center/mid-span of the DT) on the ramp from Level 2 to Level 3 where deficiencies were observed and only permit cars to travel up and down the ramps along the parking spaces/lanes. 46 14 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL PRIOIRITY 1 RECO MMENDATIONS Table 5. Priority 1 Recommendations Number Description Notes STRUCTURAL Concrete floor cracks Rout and fill with epoxy floor cracks. Overhead concrete floor cracks, walls cracks, beam cracks, overhead beam cracks, column crack Epoxy inject concrete cracks to fill gap and minimize water intrusion. Concrete floor spalls Remove loose concrete at floor spalls, clean and coat all exposed reinforcement and welded connections. Replace reinforcement with significant section loss, and place concrete repair mortar. Overhead concrete floor spall, overhead beam spall, overhead exposed rebar Remove loose concrete at overhead beam spalls, overhead floor spall, and overhead exposed rebar, clean and coat all exposed reinforcement and welded connections. Replace reinforcement with significant section loss, and place concrete repair mortar. Wall spall, column spall Remove loose concrete at wall spall and column spall, clean and coat all exposed reinforcement and welded connections. Replace reinforcement with significant section loss, and place concrete repair mortar. Further investigation of concrete spalling at the stair connection is recommended to properly repair or strengthen the damaged area. Exposed rebar Remove loose concrete around exposed rebar, clean and coat all exposed reinforcement. Replace reinforcement with significant section loss, and place concrete repair mortar. Precast steel connections Clean and coat steel connections and replace steel with significant section loss. Replace missing or damaged plastic covers at columns. Metal deck Clean and coat metal deck. Double-tee connections Additional testing and observation should be performed to determine if connections are failing on Level 1 and Level 4 where cracks were identified on top side of flange at the edge of the stem. Repair/replace damaged connections, and place concrete repair mortar. PRIORITY 2 R ECOMMENDATIONS Table 6. Priority 2 Recommendations Number Description Notes STRUCTURAL & WATERPROOFING Slab on grade cracks Rout and seal floor cracks. Remove existing sealant from previous floor crack repairs, and rout and seal floor cracks. 47 15 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Overhead concrete floor cracks, stucco cracks, wall cracks Epoxy inject concrete cracks to fill gap and minimize water intrusion. Replace cracked and loose stucco. Sealants Remove existing joint, cove, and vertical sealants. Install backer rod where necessary and apply new sealants. Wheel Stops Replace missing or damaged wheel stops and move displaced wheel stops to the correct locations. Steel Anchors Fully remove steel anchors from the deck and patch concrete. PRIORITY 3 RECOMMENDATIONS Table 7. Priority 3 Recommendations Number Description Notes WATERPROOFING Sealants Remove existing joint, cove, and vertical sealants. Install backer rod where necessary and apply new sealants. Waterproofing Membrane Replace deck coating on lower levels and apply new traffic coating over exposed parking decks after concrete repairs are completed. 48 16 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL APPENDIX A – FIELD PHOTOGRAPHS Photo 1 – General maintenance Photo 2 – General maintenance Photo 3 – Floor crack Photo 4 – Floor spall Photo 5 – Overhead floor spall Photo 6 – Overhead exposed rebar 49 17 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Photo 7 – Column spall Photo 8 – Horizontal/Vertical sealant Photo 9 – Horizontal sealant Photo 10 – Precast steel connection Photo 11 – Precast steel connection Photo 12 – Precast steel connection 50 18 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Photo 13 – Old pipe penetrations Photo 14 – Missing plastic cover Photo 15 – Bollards Photo 16 – Bollards Photo 17 – Water intrusion Photo 18 – Debris build-up Photo 19 – Damaged wheel stop Photo 20 – Damaged wheel stop 51 19 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL APPENDIX B - LIMITATIONS Kimley-Horn and Associates, Inc. endeavors with this report to assist the Owner in the understanding of the existing conditions of the parking facilit ies in an effort to plan for the repair and maintenance of the structures. This report is based on the specific observations made and the professional opinion and experience of Kimley-Horn. Our recommendations do not provide specific repair details or specifications. The report is not a warranty or guarantee of the items noted. The extent of our evaluation was limited, and we cannot guarantee that the assessment discovered every possible condition that has or will occur. Throughout the parking structure’s service life it will be exposed to environmental conditions detrimental to the structural integrity and the aesthetic and operation system conditions. Kimley -Horn cannot guarantee further deterioration will not occur over time. However, preventative maintenance performed by the Owner can help to minimize the long-term repair needs. This report has been prepared in accordance with the professional standard of care. No other warranties or guarantees, express or implied, are made or intended. This report has been prepared solely for City of South Miami for the purpose stated herein and should not be relied upon by any other party for any other purpose. Specifically, this report may not be used in connection with actual renovation or construction of any kind. The conclusions in this report are based on the limited investigation described above. Any reliance on this report by any party other than City of South Miami shall be without liability to Kimley-Horn and Associates, Inc. or its employees. 52 20 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL APPENDIX C – GUIDELINES AND DEFINITIONS Rating Guidelines: The following narrative provides a summary of the rating guidelines and brief definitions of some items that were observed in the garage and noted in this report. Good – rating denotes no life-safety issues, no immediate losses of strength or performance, including aesthetics, and no short term changes in performance with regular maintenance and observation. A structural system is said to be in good condition if there is minor concrete damage, minimal rust, and no leaks or leaching. An operational system is said to be in good condition if the system is in good working order with minor cleaning or routine maintenance required. Fair – rating denotes no life-safety issues and functional performance but repairs are needed to maintain the current level of service. There are some aesthetic issues and inconveniences to patrons. Without repairs, the deterioration will continue to accelerate. Fair condition is assigned to the structural system if moderate damage, rust, leaks, or leaching is found in several locations or if severe damage is found in a few locations. Poor – rating denotes obvious problems, even to the casual observer, that without immediate remediation will result in further loss of structural member capacity. This condition can produce noticeable deflections in members, cause loose concrete to spall away, and presents the possibility of an unsafe condition to vehicles and/or pedestrians in the near future. The system may still be functioning at this state but repair costs will increase rapidly with the amount of time that passes before the item is corrected. The structural system is considered poor if severe damage is found in several locations. A poor assessment is assigned to any operational system that requires replacement. N/A – Not Applicable to this garage. While typically included as a part of our normal condition assessment, this particular category of items was not originally installed in this garage or was not part of the scope of this evaluation. 53 21 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Definitions: Figure 1: Failing Concrete Patch Figure 2: Concrete Delamination Figure 3: Concrete Spall The photographs provided in Appendix C are sample representative photographs of each definition. 1. Patches – Repairs to concrete that require a filler material, usually grout or repair mortar. Patches may be required due to the following causes: reinforcing steel corrosion, concrete spalling, concrete delaminations, failing grout pockets, or external forces, such as automobile collisions. See Figure 1. 2. Delamination – A delamination of concrete occurs when bleed (excess) water rises in concrete to just below the concrete surface as the concrete is curing. This process leaves a thin layer of concrete that separates from the concrete body. Delaminations are detectable by sounding the suspected concrete with a metal object, such as a chain or hammer, and listening for the distinctive dead/hollow sound produced. The sounding instrument will produce a crisp metal ring when sounding over solid concrete. See Figure 2. 3. Spall – A spall is generally a piece of concrete that separates from the main body of the concrete member. Examples include a grout patch that has shrunken away from its pocket or a corner of a member that has broken off and is in the process of falling away or has fallen away already. See Figure 3. 54 22 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Figure 4: Fine Crack Figure 5: Medium Crack Figure 6: Wide Crack Figure 7: Leaking and Leaching Concrete 4. Cracking – Cracks are qualitatively assigned values of Fine (F), Medium (M) or Wide (W). A fine crack is a hairline crack less than 0.01” thick and can sometimes be very hard to see. A medium crack is in between 0.01” and 1/32” wide and a wide crack is anything greater than 1/32” wide. Cracks are qualitatively rated according to their dominant characteristics. See Figure 4, Figure 5, and Figure 6. 5. Leaking – Leaking is determined by any observable sign of fluid flow through a crack or joint. See Figure 7. 6. Leaching – Leaching occurs when water flows through a crack, thereby dissolving away the components of the concrete, mainly calcium, and depositing it in the form of a whitish film or stalactite on the surface. The whitish film is also called efflorescence. See Figure 7. 55 23 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL Figure 8: Ponding Water Figure 9: Structural Steel Rust and Scaling 7. Ponding – Ponding water is the settling of water in low areas where it has no way to drain. This standing water not only presents a pedestrian safety hazard, but as water penetrates the concrete the deterioration mechanism is accelerated. See Figure 8. 8. Rust and Scaling – Rust occurs when steel is oxidized. Air, water, and chlorides are some agents that typically cause steel to rust. Scaling is a more advanced condition of rust and occurs when rust is deeper than the surface and flakes off in pieces or ‘scales’. See Figure 9. 56 24 City of South Miami Municipal Garage │Parking Garage Condition Assessment September 27, 2023 │FINAL APPENDIX D – OPIN ION OF PROBABLE COSTS This page intentionally left blank 57 Structural Elements 1 Concrete Repair 1.1 FC Floor Crack - Rout and Seal (SOG)$6 LF 1700 $10,200 1.2 FC Floor Crack - Epoxy Feeding $35 LF 800 $28,000 1.3 FS Floor Spall $100 SF 7 $700 110 $11,000 1.4 OFS Overhead Floor Spall $150 SF 90 $13,500 1.5 OBS Overhead Beam Spall $150 SF 25 $3,750 1.6 DT-S Double-Tee Stem Spall $180 SF 5 $900 1.7 WC Wall Crack $60 LF 90 $5,400 1.8 WS Wall Spalls $120 SF 15 $1,800 1.9 CS Column Spall $120 SF 1 $120 1.10 ER Exposed Rebar $100 LF 150 $15,000 1.11 OER Overhead Exposed Rebar $150 LF 120 $18,000 1.12 PSC Precast Steel Connection $65 EACH 50 $3,250 1.13 DTC Double Tee Connection $1,500 EACH 66 $99,000 22 $33,000 2 Waterproofing 2.1 HS Horizontal Sealant $7 LF 200 $1,400 5000 $35,000 2.2 VS Vertical Sealant $7 LF 1200 $8,400 2500 $17,500 2.3 CSL Cove Sealant $7 LF 3500 $24,500 1500 $10,500 2.4 DT-S Double-Tee Horizontal Sealant $7 LF 376 $2,632 5600 $39,200 6500 $45,500 2.5 DC Deck Coating $6 SF 40000 $240,000 3 General 3.1 DCR Drain Cap Replacement $300 EACH 1 $300 3.2 RPS Replace Pipe Support $80 EACH 50 $4,000 3.3 BR Bollard Repair $90 EACH 25 $2,250 3.4 SR Steel Deck Rust $65 SF 40 $2,600 3.5 RA Remove Anchor $50 EACH 350 $17,500 3.6 WSR Wheel Stop Repair/Replacement $75 EACH 170 $12,750 Sub-Total: $102,332 $130,920 $125,900 $348,500 General Conditions (Overhead, Profit & Insurance)20%$20,466 $26,184 $25,180 $69,700 Total Estimated Hard Cost $122,798 $157,104 $151,080 $418,200 Contingency 15%$15,350 $19,638 $18,885 $52,275 Engineering Fee/Testing & Inspections 18%$18,420 $23,566 $22,662 $62,730 Total Estimated Cost: $156,568 $200,308 $192,627 $533,205 REPAIR LIST PRIORITY 1 PRIORITY 2 PRIORITY 3 Number CRITICAL PRIORITY Quantity Est. Cost City of South Miami Municipal Parking Garage Opinion of Probable Cost - Structural & Waterproofing Restoration Quantity Est. Cost Miscelaneous Item Unit Price Quantity Est. Cost Quantity Est. Cost 58 59 FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS hereby propose to furnish the goods and services specified in the Invitation to Bid, 1TB No. PW2024-02. 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. 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 1TB (Check the box next to each addendum received). i. Addendum I Addendum 6 Y. 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 I. Form 2A. Form 2B. Form 3. Form 4. Form 5. Form 6. Form 7 . Form 8. Bid Form Package Acknowledgement. Bidder's Certification (if Company or Corporation) Bidder's Certification (if Partnership} Single Execution Affidavits Dispute Disclosure Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Bidder's Qualifications Survey Bid Form Reference List 21 of 87 60 FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) ?BIDDEilRM ~~ SIGNATURE OF BIDDER Qu·1Y\A &i1A£::& A~~;5J,"',,J--!3rtil l\Cih Mtt(I~/ NAME & TITLE, TYPED OR PRINTED V MAILING ADORES~ a 1,5 °ID N -"/!prJ-er Ii~ {lO¾.) (1~ t./) 0,,4 ~ t/~ 77 TELEPHONE NUMBER State of Florida County of P,Jll>INA'K-TJ The foregoing instrument was acknowled~~d before me by means of_ physical PrErr QCe or_ on line notarization , this ao~ day of !1Af L H '20 1. t/, by~@T"'-'-i,,~i n~t1~_01~,~'~f.f.t~,li, _____ _ (name of person) as A~s•,4 .f: 8 Jl Ht>.fl h'f~ (type of authority) for (M-e.n<,<n ¥.e.c.14/-A/ C"efrt.1,,./t>yf> (name of party on behalf of whom instr~ment is executed). Notary Public (Print, Stamp, or Type as ✓ Commissioned) -~_Personally known to me; or ___ Produced identification (Type of Identification : _____________ _ ___ Did take an oath; or ___ Did not take an oath 22 of 87 ..i.. Notary Public S tat e of Florida aa Yo la nde B Mahonec ~ My co171m1ssion HH 357688 Exp ires 5/29/2027 61 (if Company or Corporation) CERTIFICATE STATE OF f'Lt>"i---toA COUNTY OF 'Bl,2>1,,JAJl:!7 FORM 2A BIDDER'S CERTIFICATION ) ) ss HEREBY CERTIFY that a meeting of the Board of Directors of a corporation or compan e}!sting und r the laws of the State of Fl-o11.;t-r;A , held on ~'.t C... ~ , 2024, the following resolution was duly passed and adopted: RESOLVED, that, as N5 flTL f1,4'M4f<~e Corporation/Company, be and is hereby authorized to execute the Bid dated, },1A:1U+l 1,.. f? 2024 to the City of South Miami for 1TB No. PW2024- 02 City of South Miami Municipal Parking Garage Repairs Project, and that this execution thereof, attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto corporation/company on this the 1,,6 .}L,, set my hand ar:ic;I affixed the of HA7l~-24_. ----- ~ 23 of 87 62 (if Partnership) CERTIFICATE STATE OF ------ COUNTY OF FORM 2B BIDDER'S CERTIFICATION ) ) ss ) I HEREBY CERTIFY that a meeting of the Partners of ________ _ ________________________________ ,a partnership existing under the laws of the State of ____________ , held on _________ , 2024, the following resolution was duly passed and adopted: "RESOLVED, that as ____________________________ of the Partnership, be and is hereby authorized to execute the Bid dated _______ , 2024 , to (SEAL) the City of South Miami for 1TB No. PW2024-02 "City of South Miami Municipal Parking Garage Priority I Repairs" 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 ____ , 2024. Secretary 24 of 87 63 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: 61:~ YlY'\ 6 r1 .fCd:b For (Name of Proposing or Bidding Entity): h/-e.~,I\ ¥·1£,>.l d-y Cadc G c-tz>Y.5 Whose business address is:"Z 5 ~ 0 N • 'ft;j,.J<-e( /i (µ..., flJ !£m flb.{n) &uh fl I And (if applicable) its Federal Employer Identification Number (FEIN) is: £/s -I I) l / 7 o / (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. IO 1-336, I 04 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title 11, Public Services ; Title Ill, 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 Tran sit Act, as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631 . ~(7, erinitials 25 of 87 64 Public Entity Crimes Affidavit I understand that a "public entity crime" as defined in Paragraph 287.133( I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that "convicted" or "conviction" as defined in Paragraph 287.133( I )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133( I )(a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(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, i[ar1ners, 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. D The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. □ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that 26 of 87 65 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 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. Q~ 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. Qt;\ 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 112, part Ill, 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. Qa 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; 27 of 87 66 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 I . Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135 , F.S., the City may immediately terminate the Agreement that may result from this 1TB 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 1TB 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 1TB 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 1TB. 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 28 of 87 67 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 se r vices under the 1TB 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 1TB, 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. (INDICAT E W HI C H STA TEM ENT APPLIE S.) >{ The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the fe~uirements set forth under F.S. § 287.087. D The entity submitting this sworn statement is not a drug-free workplace. I)~ 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. Q t;; er Initials Acknowledgment, Warranty, and Acceptance I. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations . 29 of 87 68 2. Contractor warrants that it has read, understands , and is willing to comply with all requirements of 1TB No. PW2024-02 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 ccurate. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 30 of 87 69 Signed, sealed and delivered by: ~me ~C\C.jf{• Witness #2 Print Name: o 5t Aft. no;.)c.AQD ACKNOWLEDGMENT State of Florida County of f>J2,Z>l-JA12.J7 The foregoing instrum ~ was acknowledg~d before me by means of½ e,hysical presence or_ online notarization, this ~ day of H/t!-LH , 20 '-'1 , by G.u \-nn ~ r-1 Sntn (name of person) as Ass. "611.. ,1lrrJA<:Jf,t'L (type of authority) for (,J~{+co1 :r,.e-,d../y V',,-f°f2e,1r<S (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 , Notary Public Slate of Florida c A Yolande B Mahonec _.J!llillli-My Commission HH 357688 ' : l:m,llllllrilWI Expires 5/29/2027 -- 31 of 87 70 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 ____ NO 'f... 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 I l A 17 County of B:£..Ovvf'\'r---Q The foregoing instru ~nt was acknowledgecj before me by means of ~hysical prese.i;i s:_e,,or D online notarization, this ~ day of f:1/'r(l._c.,H , 201.'{, by--=L...-'c..:c'Y\.:....Y'l..:...._....-.:;_>1_,..:....1..+..:..:.,.µ,_'--'-"-tlt ____ _ (name of person) as Ass: ;g 1L 1//AtJAh fL (type of authority) for bJ S G ___ (name of party on behalf of whom instrument is executed). ✓ Personally known to me; or Notary Public (Print, Stamp, or Type as Commissioned) ___ Produced identification (Type of Identification : ____________ _ ___ Did take an oath; or ___ Did not take an oath No tary Publi c St at e of Fl ori da • Yo land e B M a h o n ec ~ My Co mmis s i on HH 357688 1111 Expir es 5/29/202 7 32 of 87 71 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. (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 t r ansactions 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 ( I )(b) of this certification ; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal , State, or 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: vJ ...e, skr )'\ LJ\-\±r0~';> Date '3 Lo !'I, '/ I t- By ~ M- Signature of Authorized Representative a,'f\n (a6f_{)A f¼·-r,sJ: ,1fl_ t1AN/'6EIL Name and Title of Authorized Representative 33 of 87 72 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 1TB, you certify that any and all information contained in the bid is true, that your response to the 1TB is made without prior understanding, agreement, or connections with any corporation , firm or person submitting a response to the 1TB 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 1TB, 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 Pl ~'1-1 ,'/--1/ f,. 77 Telephone Number Facsimile Number a,;, t,v, ;j'i)~s-k, "~rl>-Aµ, .GQm Email Addre l[3 -Ja,J70 I 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? / 08 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: 8 '-1 J 71,1.... /e:,78 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: LceJn5-/(IAL,-btt, ::tndtAdr1 / L Vl (_/~ -z 8 I 5 I Category / License No. Date Licensed Please indicate the type of en~ form of the Firm (if other, please describe): □ Individual □ Partnership/\ Corporation □ LLC □ LLP □ Other __________ _ 34 of 87 73 Please identify the Firm 's pri mary business:1'.-"-C. S±orb\i:'i On / t'&-5ce. :r:vA"fi l>:p ~)) 5-tflA~ $,ac v-l LJ..4-~ I Please identify the number of continuous years your Firm has performed its primary business : Log 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 Name of Entity Issuing License No. License Issuance Date Type License or Certification NA Please identify the name, license number, and issuance date of any prior companies that pertain to your Firm: License/Certification Name of Entity Issuing License No. License Issuance Date Type License or Certification /\JI+- Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their si nin authorit : Authorized Signor's Name Title Signing Authority Threshold $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 iz..ao Total No. of Managerial/Administrative ~75 Employees Total No. of Trades Employees by Trade et1.S INSURANCE INFORMATION Please provide the following information about the Firm's insurance company : AoJJ Jl.~SK 5&cviL<-e.S 7:JJL; Insurance Carrier Name Insurance Carrier Contact Person Has the Firm filed any insurance claims in the last five (5) years? a'N o □ 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: 35 of 87 74 fl_rase Identify whether any of the owners/partners Identified above are owners/partners in another entity: 1-J,'Jo □ 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 (%) "'1-f\ RECENT CONTRACTS Please Identify the five (5) most recent contracts In which your Firm has provided services to other public entitles: • Email Address By signing below, Bidder certifies that the Information contained herein Is complete and accurate to the best of Bidder's knowledge. Firm: \tJ -e-'!,,t-<, \'-- Authorized Signature: ~=.:..:_ __ ~_,.__.-::....y.:.......,i:;..__ Print or Type Name: Q&in\,,v (a r· 36 of 79 75 ITEM PAY IT EM 1 FC 2 FS 3 O FS 4 cs 5 WC 6 ws 7 OBS 8 OBC 9 DT -S T 10 ER 11 OER 12 PSC 13 HS 14 vs 15 DC 16 PS 17 BR 18 SR 19 RA 20 WSR ITEM PAY ITEM 21 101-1 22 102-1 23 24 REVIS ED SC H EUD LE O F VALUES: ADDENDUM No. 2 Mar ch 8, 2024 City of South Miami -SCHEDULE OF VALUES 1TB #PW20 24-0 2 DESCRIPT IO N UN lifS Ql!J ANTlil"Y UNIT PRICE STRUCTURAL AND WATERPROOFING REPAIRS Floor Crack 2509 8 .7 1 LF $ Fl oor Spa ll SF 140 115 .00 $ Overhead Fl oor Spa ll SF 73 136 .00 $ Col umn Spall SF 3 550 .00 $ Wall Crack 78 57.00 LF $ Wall Spa ll SF 13 $ 247 .00 Overhead Beam Spa ll SF 226 .00 12 $ Overhead Beam 23 88.00 Crack LF $ Double T ee Stem S F 2 515.00 Spall $ Exposed Rebar 124 s 91 .00 LF Overhead Exposed 128 s 120 .00 Rebar LF Precast Steel EAC H 8 s 92 .00 Connection Horizo nta l Sea la nt 528 9 .28 LF $ Vertica l Seala nt 425 LF $ 9.6 4 Deck Coating SF 9 .16 840 $ Pipe Su ppo rt EACH 11 s 10 4.00 Bollard Repair EACH 26 196.00 $ Steel Deck Rust SF 15 96.00 $ Remove A nchor EAC H 345 s 25 .00 W hee l Stop EACH 152 s 100 .00 Repair/Replacement SUBTOTAL STRUCTURAL AND WATE RPROOFING REPAI R ITEMS DESCR IPTI ON UN IT S QU ANT ITY UNIT PRICE MISCELLANEOUS ITEMS MO B I LI ZA TI ON(10 %) L.S . 1 - MAINTENANCE O F L.S. 1 T RAF FI C - TRAFFI C CONTROL HR 4 00 OFFI CER $ 52.00 5:e:ontingency 20 % L.S . 1 - SUBTOTAL MISCELLAN EOUS ITEMS TOTAL 3 of 3 AM Ol!l NT $ 21 ,853 .39 $ 16 ,100 .00 $ 9,928 .00 $ 1,650 .00 $ 4 ,4 46.00 $ 3,211.00 s 2 ,712 .00 s 2 ,024 .00 $1,030.00 s 11 ,284 .00 s 15 ,360.00 $ 736.00 $ 4 ,900 .00 s 4,097 .00 $ 7 ,700 .00 s 1,144.00 $ 5 ,096 .00 $ 1,440.00 $ 8 ,625.00 s 15 ,200 .00 $ 138 ,536 .39 AMOUNT $ 13 ,853.00 $ 3,000 .00 $ 20,800.00 $ 27 .70 7.00 $ 65 ,360.00 $ 203 ,896.39 76 FORM 8 REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, BIDDER SHALL PROVIDE A MINIMUM OF THREE (3) REFERENCE LETTERS. REFERENCE #I Public Entity Name: SD CA De,~lt\t',J A-sscu. \~-+, {),v Reference Contact Person/Title/Department: ~N~or~m~V\~V'\~~l -~ od~~l)~_ZJ~O _______ _ Contact Number & Email _3_~_5_-~Z-/~'B~;-~7_/~~-q ________________ _ Public Entity Size/Number of Residen t s/Square Mileage : £,/i., J ~L Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) C:c;,,,. / k, "J /4 ~P,-• 5,.;, J;,·, " -/, UhL.~k '.JI--~~kd:1...J / 81>1rd-e-r C<::1.bl~<» I Is the Contract still Active? Yes ___ No ~X..___ __ 39 of 87 --------- ------ 77 REFERENCE #2 Public Entity Name: £5yll-\Y1J'-L.. l'SD 1NoJ2:Ttl AV(; Reference Contact Person/Title/Department: B,\ V\'f\ WAI ~r ,6 hS'-1 //t,,nfs Contact Number & Email 'B<\"' Y) t7,.__~ 8 )5 -8 8~ -58 00 Public Entity Size/Number of Residents/Square Mileage: ~ f /4'. J Q..e.t., IL Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Wock/Complexity) [}.u, f,_ (a,,.f; ") ,/Gxp-p Ji"' Ji,i n :k C0nu~ ~f;.,r.s Is the Contract still Active? Yes ___ No K 40 of 87 78 REFERENCE #3 Public Entity Name: FAU fAp):.::J;N6. v(ll,,L #7- Reference Contact Person/Title/Department: -L-H-"-~-'--'12.-=-l<-----'5'-----'~Le.ftlo..,__,__$""'------------ Contact Number & Email '1-5'f-887 ""'/l. J 7 Public Entity Size/Number of Residents/Square Mileage:R..,.-k ~ j P..,....'-'k...- Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on s;ze/Scope of Work/Complex;ty) 'J ,;, ,..} S-e.,. j "-" ~ /c-•nc.;1<,,•l:·<--&p," j D~"--L-O°'-t1 Is the Contract still Active? Yes '/.. No ___ _ END OF SECTION 4 41 of 87 ------- CITY OF SOUTH MIAMI INVITATION TO BID (ITB) No. PW2024-02 CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY 1 REPAIRS City of South Miami Commission Mayor Javier Fernández Commissioner Lisa Bonich Commissioner Steve Calle Commissioner Josh Liebman Commissioner Brian Corey City of South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 ISSUE DATE: February 15, 2024 BID DUE DATE: March 15, 2024 BID DUE TIME: 10:00 A.M BID OPENING DATE: March 15, 2024 BID OPENING TIME: 10:30 A.M. 1 of 87 79 PUBLIC NOTICE INVITATION TO BID (ITB) No. PW2024-02 CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY 1 REPAIRS NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the City of South Miami Municipal Parking Garage Priority 1 Repairs Project. Interested companies, firms, and individuals (“Bidders”) may obtain a copy of Invitation to Bid No. PW2024-02 (the “ITB”) to be issued on February 15, 2024, 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. PW2024-02 for the “CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY 1 REPAIRS” LOCATED AT 5829 SW 73RD STREET, SOUTH MIAMI FL 33143.” Bids must be received by the City by no later than March 15, 2024 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/3056636339 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 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: February 15, 2024 2 of 87 80 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 20 Section 4: Bid Form – Form 7 37 3 of 87 81 SECTION 1. INFORMATION FOR BIDDERS 1.1. INTRODUCTION/GENERAL BACKGROUND. The City of South Miami, Florida (the “City”) is soliciting bids for the “CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY 1 REPAIRS” (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. No. Event Date* Time* (EST) 1 Advertisement/ Distribution of ITB February 15, 2024 3:00 PM 2 Non-Mandatory / Mandatory Pre-Bid Conference and Site Visit 6130 Sunset Drive South Miami, FL 33143 NONE SCHEDULED 3 Deadline to Submit Questions / Requests for Clarification March 1, 2024 10:00 AM 4 City Issues Addenda and Responds to Questions March 8, 2024 10:00 AM 5 Deadline to Submit Sealed Bids – Submission Deadline March 15, 2024 10:00 AM 6 E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. March 15, 2024 10:30 AM 7 City Manager issues recommendation to City Commission April 2, 2024 7:00 PM 8 Award Bid(s) and Agreement(s) at City Commission Meeting April 2, 2024 7:00 PM 4 of 87 82 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 March 15, 2024 (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/3056636339 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 1.4. PRE-BID CONFERENCE AND SITE(S) VISIT. A pre-bid conference, will be 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 March 1, 2024 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. 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. PW2024-02, “CITY OF SOUTH MIAMI MUNICIPAL PRIORITY 1 GARAGE REPAIRS” and addressed to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Drive 5 of 87 83 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/3056636339 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 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. 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 6 of 87 84 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. Bidder may provide any additional information that highlights experience or expertise, which is relevant and directly applicable to this ITB. 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 7 of 87 85 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 “C,” 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 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 8 of 87 86 (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 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 9 of 87 87 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 87 88 SECTION 2. TERMS AND CONDITIONS 2.1. PURPOSE OF BID. The City requests Bids from qualified firms for the “CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY 1 REPAIRS” Project (the “Project”). The Work to be performed includes, but is not limited to, services related to the repairs, production/fabrication, assembly if required, as illustrated in the attached documents 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 shall be in full force and effect on the date of performance of the Work and further represents that it 11 of 87 89 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. 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. 12 of 87 90 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 Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be returned after the Contract is awarded and executed. 13 of 87 91 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. 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. 14 of 87 92 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 publi c 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. AMERICAN RESCUE PLAN ACT PROVISIONS. Bidder acknowledges that the Work or Services may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). The selected Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in ATTACHMENT C, ARPA ADDENDUM to this solicitation. 15 of 87 93 If compliance with this section is required, the City shall select this box: . 2.22. GRANT FUNDING. By submitting a response to this solicitation, Bidders acknowledge that the Work or Services may be fully or partially funded utilizing funds from the grants listed below (the “Grant”). Accordingly, by submitting a response to this competitive solicitation, the Bidder warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work or Services in accordance with the terms and conditions of the Grant(s). Grant Title Grant Agreement Attachment No. If the Work or the Services will be funded utilizing Grant funds, the City shall select this box:. END OF SECTION 2 16 of 87 94 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 in accordance with specifications and the contract documents that are provided to the Contractor by the City herein, as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. The Work also includes but is not limited to keeping the Project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s) for cleanup and disposal; disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City’s satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, as well as all laboratory tests, engineering and architectural specifications, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City. Permit fees charged by other government entities, if required, are the responsibility of the Bidder/Contractor; however, in all cases; it is the responsibility of Bidder/Contractor to secure any and all permits that may be required for this project. All work is to be completed in accordance with specifications, engineering construction drawings, and in accordance with the terms and conditions described in Attachments A, B, C, D & F all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City Land Development Code, all applicable ordinances of Miami-Dade County and the City, and the Americans with Disabilities Act (ADA). If the Project involves a City park, the Contractor must comply with the City’s public playground safety standards, rules, and guidelines. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances. 3.2. SPECIFIC REQUIREMENTS. The City is soliciting proposals from highly qualified firms for “Priority 1 Repairs” consisting of structural and waterproofing repairs. All work must be completed within 90 calendar days from the issuance of a purchase order and building construction permit as per the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Attachments A, B, C, D & F. 17 of 87 95 The scope of work is to remove and repair delaminated concrete, replace waterproofing sealants, replace damaged deck coating, clean and coat corroded steel elements and repair/replace damage wheel stops. Respondents shall review enclosed specifications, engineering construction plan documents, tree survey details. Respondents are required to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). 3.3. SITE LOCATION. The Project will be held at City of South Miami Municipal Parking Garage located at 5829 SW 73rd Street, South Miami, FL, 33143. 3.4. DESIGN PLANS & SPECIFICATIONS. Design plans and specifications for the Project are attached to this solicitation as Attachment D, “Design Plan and Specifications, City of South Miami Municipal Parking Garage Priority 1 Restoration prepared by Kimley Horn dated December 14, 2023. 3.5. PROJECT DURATION. After permit(s) have been secured/approved, the Bidder is responsible for completing this project within ninety (90) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager. 3.6. WARRANTY. Bidder must include a warranty and/or guarantees of all material and labor that includes: 3.6.1. any conditions; and 3.6.2. guaranteed response time for repair; and 3.6.3. guaranteed replacement during the warranty period; and 3.6.4. life expectancy under normal use; and 3.6.5. Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and 3.6.6. the term of the warranty. At a minimum, Bidder/Contractor must warrant their Work to be free of significant 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 being provided, the standard manufacturer’s warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer’s warranty is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City. 18 of 87 96 3.7. DOCUMENTATION. A prerequisite to final payment is the execution and delivery to the City of all documents required by any governmental agency, including the City. Such documentation includes documentation for the conveyance of any property or facilities that are the subject of this Project. SPECIAL NOTE PERFORMANCE AND PAYMENT BONDS ARE REQUIRED FOR THIS PROJECT IN ACCORDANCE WITH SECTION 6.2 END OF SECTION 3 19 of 87 97 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: American Rescue Plan Act (ARPA) Addendum to Contract Attachment D: Design Plans & Specifications - “CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE – PRIORITY 1 RESRORATION,” prepared by Kimley Horn, dated December 14, 2023 Attachment E: Form of Payment Bond Attachment F: Form of Performance Bond 20 of 87 98 FORM 1 BID FORM PACKAGE ACKNOWLEDGEMENTS I hereby propose to furnish the goods and services specified in the Invitation to Bid, ITB No. PW2024-02. 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 21 of 87 99 FORM 1 BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) ___________________________________________ NAME OF BIDDER FIRM ____________________________________________ SIGNATURE OF BIDDER ____________________________________________ NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS ____________________________________________ ____________________________________________ (____) ______________________________________ TELEPHONE NUMBER State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 22 of 87 100 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 ______________________, 2024, 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, __________, 2024 to the City of South Miami for ITB No. PW2024- 02 City of South Miami Municipal Parking Garage Repairs Project, and that this execution thereof, attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation/company on this the _____________ of ___________, 2024. _______________________ Secretary (SEAL) 23 of 87 101 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 ____________________, 2024, the following resolution was duly passed and adopted: “RESOLVED, that _____________________________________________, as_____________________________________________________________of the Partnership, be and is hereby authorized to execute the Bid dated ______________, 2024, to the City of South Miami for ITB No. PW2024-02 “City of South Miami Municipal Parking Garage Priority 1 Repairs” 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 ________, 2024. _______________________ Secretary (SEAL) 24 of 87 102 FORM 3 SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE: By: For (Name of Proposing or Bidding Entity): Whose business address is: And (if applicable) its Federal Employer Identification Number (FEIN) is: (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#: ) Americans with Disabilities Act Compliance Affidavit The above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. • The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513, Florida Statutes: • The Rehabilitation Act of 1973, 229 USC Section 794; • The Federal Transit Act, as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631. Bidder Initials 25 of 87 103 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 26 of 87 104 it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I understand that the submission of this form to the contracting officer for the public entity identified in paragraph 1 above is for that public entity only and that this form is valid through December 31 of the calendar year in which it is filed. I also understand that I am required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes for category two of any change in the information contained in this form. Bidder Initials No Conflict of Interest or Contingent Fee Affidavit Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Bidder also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be selected for the performance of this contract. Bidder Initials Business Entity Affidavit Bidder hereby recognizes and certifies that no elected official, board member, or employee of the City of South Miami (the " City”) shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City board members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Bidder. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder recognizes that with respect to this transaction or bid, if any Bidder violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for goods or services to City. Bidder Initials Anti-Collusion Affidavit 1. Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances respecting the Bid/Bid; 27 of 87 105 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 28 of 87 106 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. 29 of 87 107 2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of ITB No. PW2024-02 and any addendum/addenda related thereto. 3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City Commission or City Manager, as applicable. 4. Contractor warrants that all information provided by it in connection with this Bid is true and accurate. Bidder Initials [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 30 of 87 108 In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 31 of 87 109 FORM 4 DISPUTE DISCLOSURE Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES __________ NO __________ 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES __________ NO __________ 3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid or Bid for the City of South Miami. ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 32 of 87 110 FORM 5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small Business Administration. (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this Statement of Qualifications. Entity Name: _________________________________________________________ Date: _________________________ By: Signature of Authorized Representative Name and Title of Authorized Representative 33 of 87 111 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 34 of 87 112 Please identify the Firm’s primary business: 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: 35 of 87 113 Owner/Partner Name Title Ownership (%) Please identify whether any of the owners/partners identified above are owners/partners in another entity: □ No □ Yes If yes, please identify the name of the owner/partner, the other entity’s name, and percent of ownership held by the stated owner/partner: Owner/Partner Name Other Entity Name Ownership (%) RECENT CONTRACTS Please identify the five (5) most recent contracts in which your Firm has provided services to other public entities: Public Entity Contact Person Telephone No. Email Address Date Awarded By signing below, Bidder certifies that the information contained herein is complete and accurate to the best of Bidder’s knowledge. Firm: Authorized Signature: Date: Print or Type Name: Title: 36 of 87 114 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 PAY ITEM DESCRIPTION UNITS QTY UNIT PRICE AMOUNT STRUCTURAL AND WATERPROOFING REPAIRS 1 FC Floor Crack LF 2509 $ $ 2 FS Floor Spall SF 140 $ $ 3 OFS Overhead Floor Spall SF 73 $ $ 4 CS Column Spall SF 3 $ $ 5 WC Wall Crack LF 78 $ $ 6 WS Wall Spall SF 13 $ $ 7 OBS Overhead Beam Spall SF 12 $ $ 8 OBC Overhead Beam Crack LF 23 $ $ 9 DT-ST Double Tee Stem Spall SF 2 $ $ 10 ER Exposed Rebar LF 124 $ $ 11 OER Overhead Exposed Rebar LF 128 $ $ 12 PSC Precast Steel Connection EACH 8 $ $ 13 HS Horizontal Sealant LF 528 $ $ 14 VS Vertical Sealant LF 425 $ $ 15 DC Deck Coating SF 840 $ $ 16 PS Pipe Support EACH 11 $ $ 17 BR Bollard Repair EACH 26 $ $ 18 SR Steel Deck Rust SF 15 $ $ 37 of 87 115 19 RA Remove Anchor EACH 345 $ $ 20 WSR Wheel Stop Repair/Replacement EACH 152 $ $ SUBTOTAL STRUCTURAL AND WATERPROOFING REPAIR ITEMS $ ITEM PAY ITEM DESCRIPTION UNITS QTY UNIT PRICE AMOUNT MISCELLANEOUS ITEMS 21 101-1 MOBILIZATION (10%) L.S. 1 $ 22 102-1 MAINTENANCE OF TRAFFIC L.S. 1 $ 23 TRAFFIC CONTROL OFFICER HR $ 24 CONTINGENCY (20%) L.S. 1 $ SUBTOTAL MISCELLANEOUS ITEMS $ TOTAL $ SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title 38 of 87 116 FORM 8 REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, BIDDER SHALL PROVIDE A MINIMUM OF THREE (3) REFERENCE LETTERS. REFERENCE #1 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 39 of 87 117 REFERENCE #2 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 40 of 87 118 REFERENCE #3 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No END OF SECTION 4 41 of 87 119 ATTACHMENT A SAMPLE OF CONTRACT CONTRACT FOR CONSTRUCTION THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made this day of , 2024 (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. PW2024-02 (the “ITB”) for construction of CITY OF SOUTH MIAMI MUNICIPAL PARKING PRIORITY 1 GARAGE REPAIRS – LOCATED AT 5829 SW 73RD STREET, SOUTH MIAMI, FL 33143 (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 Kimley Horn (the “Project Consultant”) attached hereto as Exhibit “A” (the “Plans”) and any other documents incorporated herein by reference and made a part of this Contract for the following Project: CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE PRIORITY 1 REPAIRS LOCATED AT 5829 SW 73RD STREET, SOUTH MIAMI, FL 33143 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. 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 42 of 87 120 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. 1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical system and instrumentation system. 43 of 87 121 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. 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 44 of 87 122 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 ninety 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 $980.00.00 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 $980.00 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 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 45 of 87 123 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. 46 of 87 124 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; 47 of 87 125 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 48 of 87 126 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 49 of 87 127 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 50 of 87 128 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 51 of 87 129 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 52 of 87 130 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 53 of 87 131 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, 54 of 87 132 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 55 of 87 133 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 56 of 87 134 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 57 of 87 135 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. 58 of 87 136 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. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes, and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 10.15. Independent Contractor. The Contractor is an independent contractor under the Contract. This Contract does not create any partnership nor joint venture. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, 59 of 87 137 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. 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. 60 of 87 138 10.17.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM Mailing address: 6130 Sunset Drive South Miami, FL 33143 Telephone number: 305-663-6340 Email: NPayne@southmiamifl.gov 10.18. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E -Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e- verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. 11. SPECIAL CONDITIONS The following provisions in this Section 10 supersede any other provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given transaction and are transaction specific: 11.1. Unsatisfactory Personnel. 11.1.1. Contractor must at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or anyone not skilled in the Work to which they are assigned. 11.1.2. The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor must respond to the City within five (5) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City will make the final determination as to the removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any of such individual(s) does not require the termination or demotion of said individual(s). 11.2. Hours of Work. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall conduct its operations so as not to interfere with or close any thoroughfare, without the written consent of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in accordance with the requirements and limitations of applicable law including, without limitation, the City 61 of 87 139 Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above without the prior written approval of the City. 11.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law, or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic (“MOT”) must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department of Transportation, FHWA), must be followed in the design, application, installation, maintenance and removal of all traffic control devices, warning devices and barriers necessary to protect the public and workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and protected at all times. Prior to commencement of the Work, Contractor must provide the City with a proposed MOT plan for review. The City may require revisions to the proposed MOT plan. The MOT plan must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays resulting from its failure to provide the required MOT plan. 11.4. Royalties and Patents. All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 11.5. Substitutions. Substitution of any specified material or equipment requires the prior written acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient information and documentation to the Project Consultant to allow for a thorough review and determination on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the Contractor’s responsibility to meet the requirements of the Contract Documents. The City may require an adjustment in price based on any proposed substitution. 11.6. Severe Weather Preparedness. During such periods of time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has been given notice of same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as non-compensable, excusable delay. 11.7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). Towards that end, the Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Contract Conditions. If compliance with the ARPA Addendum is required, the City shall select this box: ☐. 11.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded utilizing funds from the grants listed below (each a “Grant”). Accordingly, the Contractor warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work in accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds, the City shall select this box: ☐. Grant Title Grant Agreement Exhibit 62 of 87 140 If the Work will be funded utilizing Grant funds, the City shall select this box:. 11.9. DBE Contract Assurance. 11.9.1. The City affirms it has encouraged women-owned, minority-owned, and disadvantaged businesses of the Project and be responsive to the opportunity of the award of this Contract. 11.9.2. Contractor, or any subcontractor performing Work under this Contract, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the City deems appropriate. 11.10. Scrutinized Companies. 11.10.1. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 11.10.2. If this Agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 11.10.3. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. 11.10.4. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above- stated contracting prohibitions then they shall become inoperative. 63 of 87 141 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) 64 of 87 142 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 65 of 87 143 NOTICE TO PROCEED Dated: , 20 To: ` Project Name: CITY OF SOUTH MIAMI MUNICIPAL PARKING GARAGE PRIORITY 1 REPAIRS You are hereby notified that the Contract Times under the above Contract will commence to run on ___________, 2024. 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 , 2024 and __________________, 2024, ____/____ days respectively. Before you may start any Work at the site, Article 6 provides that you must deliver to the City ( check here if applicable, with copies to and other identified additional insureds) Certificates of Insurance in accordance with the Contract Documents. In addition, before you may start any Work at the site, you must: (add any additional requirements) CITY OF SOUTH MIAMI By: Genaro “Chip” Iglesias City Manager ACCEPTANCE OF NOTICE TO PROCEED [INSERT NAME OF CONTRACTOR]. By: Name: Title: Date: 66 of 87 144 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. 67 of 87 145 ATTACHMENT C ADDENDUM TO CONTRACT AMERICAN RESCUE PLAN ACT (ARPA) 68 of 87 146 City of South Miami, FL AMERICAN RESCUE PLAN ACT ADDENDUM TO [INSERT NAME OF AGREEMENT] BETWEEN THE CITY OF SOUTH MIAMI AND [NAME OF ENTITY] THIS ADDENDUM to the [INSERT NAME OF AGREEMENT] (the “Addendum”) is entered into as of the day of , 2022 (the “Effective Date of this Addendum”), by and between the CITY OF SOUTH MIAMI, a Florida municipal corporation, (the “City”) and NAME OF ENTITY, a [State] [type of entity] [if out of state entity, add and confirm that the entity is: authorized to do business in Florida] (hereinafter, the “Contractor”). Collectively, the City and the Contractor are referred to as “Parties.” WHEREAS, on [DATE], the City entered into a [type of agreement] (the “Agreement”) with the Contractor for the [type of services] related to the [type of project(s) for contractor to implement] (the “Project”), as further defined in the Agreement; and WHEREAS, on March 11, 2021, the federal government adopted the American Rescue Plan Act (“ARPA”), which, among other things, provides local governments with emergency COVID-19 funding; and WHEREAS, the City desires to utilize ARPA funding to implement the Project; and WHEREAS, in order to utilize ARPA funding for the Project, the City desires to incorporate federally required contract provisions relating to ARPA into the Agreement, as set forth in this ARPA Addendum; and WHEREAS, the City and Contractor wish to modify the terms of the Agreement in accordance with the terms and conditions set forth in this ARPA Addendum. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the City and Contractor agree as follows:1 1. Recitals Incorporated. The above recitals are true and correct and incorporated herein. 2. American Rescue Plan Act Provisions. The Agreement is hereby amended by adding the following provisions to the Agreement: 2.1. Mandated Federal Agreement Conditions. 2.1.1. In connection with the performance of this Agreement, Contractor acknowledges that compensation for the Project services under this Agreement shall be fully or partially funded using the Coronavirus State and Local Fiscal Recovery Funds allocated to the Ci ty pursuant to the American Rescue Plan Act. As such, Contractor shall comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by the American Rescue Plan Act, 1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. 69 of 87 147 City of South Miami, FL including, but not limited to the following documents and guidelines, which are incorporated herein and made a part of this Agreement: ARPA Exhibit 1.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), as applicable and as may be amended from time to time; ARPA Exhibit 2.The U.S. Department of the Treasury’s Final Rule governing ARPA, dated January 27, 2022; ARPA Exhibit 3.U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds Award Terms and Conditions (Assistance Listing Number 21.019); ARPA Exhibit 4.The U.S. Department of the Treasury’s Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions, dated April 27, 2022; ARPA Exhibit 5.American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement between the City and the State of Florida, Division of Emergency Management; ARPA Exhibit 6.The U.S. Department of the Treasury’s ARPA Compliance and Reporting Guidance, dated June 17, 2022; and ARPA Exhibit 7.Assurances of Compliance with Civil Rights Requirements. A copy of the above-referenced documents are available for inspection by the Contractor at the Office of the City Clerk and at the following City link: ARPA Agreements and Docs 2.1.2. Title VI Requirements. Contractor acknowledges that the City has certified compliance with Title VI of the Civil Rights Act of 1964 to the U.S. Department of the Treasury on the form incorporated herein as ARPA Exhibit 7. Towards that end, Contractor shall ensure that performance of work in connection with this Agreement complies with the certifications and requirements contained in ARPA Exhibit 7 and shall also adhere to the following provisions: (1) The Contractor and its subcontractors, successors, transferees, and assignees shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by referen ce and made a part of this Agreement. Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement. 70 of 87 148 City of South Miami, FL (2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor shall undertake an active program of nondiscrimination in its administration of the Work under this Agreement. 2.1.3. Americans with Disabilities Act Requirements. The Contractor agrees to comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and Local government services, and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against individuals on the basis of discrimination under any program or activity under this Agreement. 2.1.4. Age Discrimination Act of 1975. Contractor shall comply with the requirements of 42 U.S.C. §§ 6101 et seq., as amended, and the Treasury’s implementing regulations (31 CFR Part 23), which prohibits the discrimination on the basis of age in programs or activities under this Agreement. 2.1.5. Protections for Whistleblowers. (1) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (2) The list of persons and entities referenced in the paragraph above includes the following: i.A Member of Congress or a representative of a committee of Congress. ii.An Inspector General iii.The Government Accountability Office. iv.A Federal employee responsible for contract or grant oversight or management at the relevant agency. v.An authorized official of the Department of Justice or other law enforcement agency. vi.A court or grand jury. vii.A management official or other employee of the Contractor, subcontractor, the State of Florida, or the City who has the responsibility to investigate, discover, or address misconduct. 71 of 87 149 City of South Miami, FL (3) The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 2.1.6. Compliance with Immigration and Nationality Act (INA). Contractor hereby certifies that it does not knowingly employ unauthorized alien workers in violation of the employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (“INA”)]. 2.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor shall adopt and enforce policies or programs that require employees to use seat belts while operating or traveling on vehicles owned, rented, or personally owned by the Contractor and its employees while performing the Work. 2.1.8. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225, Contractor shall adopt and enforce policies that ban text messaging while driving and workplace safety policies designed to decrease accidents caused by distracted drivers. 2.1.9. Publication. Contractor shall obtain approval from the City in writing prior to issuing any publications in connection with this Agreement. If approved by the City, the Contractor shall include the following language in any and all publications issued: “This Project is [being funded/was supported] in part by federal award number (FAIN) [Insert Project FAIN] awarded to City of South Miami by the U.S. Department of the Treasury.” 2.1.10. Reporting Conflict of Interests. Contractor agrees to disclose in writing to the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any potential conflicts of interest affecting the use of funds awarded under the American Rescue Plan Act in accordance with 2 CFR 200.112. 2.2. Compliance with Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Final Rule and other guidelines provided in connection with the American Rescue Plan Act, Contractor shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to: 2.2.1. Equal Employment Opportunity Compliance. During the performance of this Agreement, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; 72 of 87 150 City of South Miami, FL b. layoff or termination; c. rates of pay or other forms of compensation; and d. selection for training, including apprenticeship The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the U.S. Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked 73 of 87 151 City of South Miami, FL as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the U.S. Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 2.2.2. Contract Work Hours and Safety Standards Act Compliance. During the performance of this Agreement, the Contractor shall comply with the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as follows: (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Agreement Work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 74 of 87 152 City of South Miami, FL (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 2.2.3. Clean Air Act Compliance. During the performance of this Agreement, the Contractor shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as amended) and specifically agrees as follows: (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Environmental Protection Agency Region 4 (Southeast) Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance in connection with this Agreement. 2.2.4. Federal Water Pollution Control Act Compliance. During the performance of this Agreement, the Contractor shall comply with the provisions of Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows: (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Environmental Protection Agency Region 4 (Southeast) Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance in connection with this Agreement. 2.2.5. Debarment and Suspension Compliance. During the performance of this Agreement, the Contractor warrants that Contractor or its subcontractors are not debarred, suspended, or otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Contractor shall comply with the following provisions: (1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S. Department of the Treasury’s implementing regulations at 31 CFR Part 19, and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 75 of 87 153 City of South Miami, FL (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. (5) Contractor certifies that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under 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. iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local); and iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public transactions (Federal, State or Local) terminated for cause or default. If the Contractor is unable to obtain and provide such certification, then the Contractor shall attach an explanation to this Agreement as to why not. 2.2.6. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). During the performance of this Agreement, the Contractor and its subcontractors shall comply with the provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). Specifically, Contractor represents and warrants as follows: (1) No Funds received by the Contractor under this Agreement have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, 76 of 87 154 City of South Miami, FL continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any monies, other than Funds received by Contractor under this Agreement, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The Contractor shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all such sub-recipients shall certify and disclose accordingly. (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by the Byrd Anti- Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2.2.7. Copeland “Anti-Kickback” Act. During the performance of this Agreement, the Contractor and its subcontractors shall comply with the provisions of the Copeland “Anti- Kickback” Act as follows: (1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by reference into this Agreement. (2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal government may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of this Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 2.2.8. Procurement of Recovered Materials. Contractor shall comply with the provisions of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items, unless the product cannot be acquired: (1) competitively within a timeframe providing for compliance with the contract performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable price. 77 of 87 155 City of South Miami, FL Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. 2.2.9. Domestic Preferences for Procurements. To the greatest extent practicable, Contractor and its subcontractors shall provide preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, in accordance with 2 CFR 200.322, “Domestic preferences for procurements.” 2.2.10. 2 CFR Subpart F – Audit Requirements. Contractor shall assist the City in complying with the audit requirements under 2 CFR Subpart F – Audit Requirements (“Federal Audit Provisions”) and the reporting requirements of the U.S. Department of the Treasury’s Final Rule, as amended, and other guidelines issued in connection with the American Rescue Plan Act. (1) Contractor shall assist the City in complying with the Federal Audit Provisions by providing the City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the Inspector General, the Government Accountability Office, or other federal government entities, and any of their duly authorized representatives, access to personnel, accounts, books, records, supporting documentation, and other information relating to the performance of the Agreement or the Work (“Documentation”) necessary to complete federal audits. Contractor shall promptly assist the City in the event Documentation must be supplemented to address audit findings or other federal inquiries. (2) Contractor shall keep all Documentation up-to-date throughout the performance of this Agreement and the Work. Contractor shall provide the City with all Documentation for each fiscal year by October 1 of each year or within five days of the completion of the Work, whichever occurs first. Contractor shall assist the City in complying with additional guidance and instructions issued by the U.S. Department of the Treasury governing the reporting requirements for the use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds. 3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the terms and provisions of this Addendum and the terms and provisions of the Agreement, the terms and provisions of this Addendum shall control. 4. Agreement Ratified. Except as otherwise specifically set forth or modified herein, all terms in the Agreement are hereby ratified and affirmed and shall remain unmodified and in full force and effect in accordance with its terms. 5. Defined Terms. All initial capitalized terms used in this Addendum but not otherwise defined herein shall have the same meaning ascribed thereto in the Agreement. 6. Counterparts. This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same 78 of 87 156 City of South Miami, FL instrument. An executed facsimile or electronic copy of this Addendum shall have the same force and effect as an original hereof. [Remainder of page intentionally left blank. Signature pages follow.] 79 of 87 157 City of South Miami, FL IN WITNESS WHEREOF, the parties hereto have caused this Addendum 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) (facsimile) (email) With a copy to: (telephone) (facsimile) (email) 80 of 87 158 ATTACHMENT D NOTE: PLANS ARE PROVIDED AS A SEPARATE DOCUMENT “DESIGN PLANS AND SPECIFICATIONS” “MUNICIPAL GARAGE PRIORTY 1 RESTORATION” Prepared by: KIMLEY HORN 2 Alhambra Plaza Suite 500 Coral Gables, FL 33134 Ph: 305/673-2025 81 of 87 159 ATTACHMENT E FORM OF 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. PW2024-02, which was awarded on , 2024, 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 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. 82 of 87 160 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: 83 of 87 161 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) 84 of 87 162 ATTACHEMNT F FORM OF PERFORMANCE 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 Contract ITB No. 2024- 02, awarded on , 2024, 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 PERFORMANCE BOND is that if Contractor: 7. Performs the Contract between Contractor and City for the services defined in the Contract, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 8. Pays the City all losses, damages, liquidated damages, expenses, costs, and any and all attorney’s fees, including for appellate proceedings, that the City sustains as a result of default by Contractor under the Contract; and 9. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, THEN THIS BOND WILL BE VOID. OTHERWISE, IT WILL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 10. Whenever Contractor is, and declared by the City to be, in default under the Contract, the City having performed the City’s obligations, the Surety may promptly remedy the default or will promptly: a. Complete the services defined in the Contract in accordance with the terms and conditions of the Contract; or b. Obtain a bid or bids for completing the services defined in the Contract in accordance with the terms and conditions of the Contract, and upon determination by Surety of the lowest responsible bidder, or if the City elects, upon determination by the City and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the Contract Price,” as used in this paragraph, will mean the total amount payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor. 85 of 87 163 IT IS FURTHER AGREED THAT no right of action will accrue on this Bond to or for the use of any person or corporation other than the City; and IT IS FURTHER AGREED THAT the Surety hereby waives notice of and agrees that any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety’s obligations under this Bond. Signed and sealed this day of , 20 . 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: 86 of 87 164 END OF DOCUMENT 87 of 87 165 Tabulation Sheet Agency Name City of South Miami Bid Number ITB-(ITB) No. PW2024-02-0-2024/SK Bid Name CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY 1 REPAIRS Bid Due Date 03/21/2024 10:00:00 Eastern Bid Opening Closed 11 responses found.online, offline, not submitting, not received Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .AD Restoration & Waterproofing LLC 03/20/2024 21:57:47 Eastern 8075 NW 104th Ct, Miami, FL, 33178 $205884.0000 0.0000 Bidding Document 2 .Basile USA LLC 03/20/2024 12:51:59 Eastern 3830 SW 30 Avenue, Fort Lauderdale, FL, 33312 $208902.0000 273951.4000 Small Business Bidding Document 3 .Florida Lemark Corporation 03/20/2024 15:49:40 Eastern 8750 NW 36th St, Suite 200, Miami, FL, 33178 $410502.9000 0.0000 Hispanic Owned, Small Business Bidding Document 4 .Innovative Masonry Restoration 03/20/2024 18:20:21 Eastern 16264 Lakeside Ave SE, Prior Lake, MN, 55372 $599052.0000 0.0000 Bidding Document 5 .M&J GENERAL CONTRACTORS 03/21/2024 09:06:51 Eastern 300 PALERMO AVENUE, 2 FLOOR, 2792 SW 127TH AVENUE, MIRAMAR, CORAL GABLES, FL, 33134 $409011.4400 0.0000 Hispanic Owned, Small Business, Woman Owned Bidding Document 6 .Naysac Corporation 03/21/2024 09:55:05 Eastern 782 NW 42 AVE STE 635, Miami, FL, 33126 $573555.0400 0.0000 Bidding Document 7 .One Source Restoration & Building Services, Inc. 03/20/2024 17:08:14 Eastern 5510 Roosevelt Blvd, Clearwater, FL, 33760 $239978.0600 0.0000 Bidding Document 8 .Quick Painting Group Corp. 03/20/2024 19:24:10 Eastern 9867 S Orange Blossom Trl, #109, Orlando, FL, 32837 $238723.4000 0.0000 Hispanic Owned Bidding Document 9 .Sleiman Construction, LLC 03/21/2024 09:53:21 Eastern 2801 NW 74th Ave, Suite 214, Miami, FL, 33122 $412186.5900 0.0000 Hispanic Owned, Small Business Bidding Document 10 .TADEOS ENGINEERING LLC 03/20/2024 17:30:57 Eastern 14030 NW 82nd Ave., Miami Lakes, FL, 33016 $676988.0000 0.0000 Bidding Document 11 .Western Specialty Contractors of America 03/21/2024 07:57:02 Eastern 2590 N. Powerline Rd, Pompano Beach, FL, 33069 $203896.3900 0.0000 Bidding Document 166 Bidder Bid Price Bid ACK. Bid CERT SOV Bidder Qualif.Ref.ADA Public Entity Crimes and Conflicts Non Coll. Affidavit BUS ENTITY ANTI COLUSION SCRUTINIZED COMPANY Drug free Workplace NON- DISCRIMIN ATION WARRANTY ACCEPT DISPUTE DISCOLSURE DEBAR Western Specialty $203,896.39 X X *X X X X X X X X X X X X X AD Restoration $205,884.00 X X X X X X X X X X X X X X X X Quick Painting Group $238,723.40 X X X X X X X X X X X X X X X X One Source Restoration $239,978.06 X X X X X X X X X X X X X X X Basile USA (ALT)$273,951.40 X N/A X X X X X X X X X X X X X X M & J Gen. Contractors $409,011.44 X X X X X X X X X X X X X X X X Florida Lemark Corp $410,502.90 X X X X X X X X X X X X X X X X Sleiman Construction $412,186.59 X X X X X X X X X X X X X X X X Naysac Corp $573,555.40 X N/A X X X X X X X X X X X X X X Innovative Masonry Restoration $599,052.00 X X **X X X X X X X X X X X X X Tadeos Engineering $676,988.00 X X X X X X X X X X X X X X X X *Western Specialty included Contingency line #24 IN THE SOV **Innovative Masonry did not include Contingency, Line #24 in he SOV ITB PW 2024-02 PROOF OF INSURANCE IS A CONDITION OF AWARD: PROJECT REQUIRES A PERFORMANCE BOND NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER 167 Member Name City of South Miami Bid Number ITB-(ITB) No. PW2024-02-0-2024/SK Bid Name CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY 1 REPAIRS 43 Planholder(s) found 1284 NOTIFIED SupplierName FullNameEmail Address1 City StatePostalCode DeclaredAttributes A&P Contracting Co. Inc.Andrew Rossbergarossberg@apremodelingco.com11 Sunrise Plaza, Ste 300 Valley Stream NY 11580 AD Restoration & Waterproofing LLC Alexander Ortizalex@adrestoration-wp.com8075 NW 104th Ct Miami FL 33178 Barrientos Design & Consulting, Inc.Norman Barrientosnorman@barrientosdesign.com205 W. Highland Avenue Milwaukee WI 53203 Hispanic Owned Basile USA LLC Luigi Basileinfo@basileusa.com3830 SW 30 Avenue Fort Lauderdale FL 33312 Small Business 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 Coreland Construction Corp.Nestor Hernandeznhern@corelandconstruction.com 13611 South Dixie Highway Miami FL 33176 Woman Owned D&S Steel inc Justin Stancildssteel.jstancil@gmail.com177 Anclote Rd Tarpon Springs FL 34689 Dekora LLC Javier Rodriguezdekorallc@gmail.com12011 SW 129TH CT miami FL 33186 Dodge Data Bonny Mangolddodge.docs@construction.com 4300 Beltway Place, Ste 150 Arlington TX 76018 Eastern Engineering Group Raissa Lopezprocurement@easterneg.com3401 NW 82nd Ave Doral FL 33122 Hispanic Owned, Small Business, Woman Owned Emerald Construction Corp.Ramiro Gamezramiro@emeraldconstructioncorp.com1086 NW 1ST CT Dania Beach FL 33009 Hispanic Owned, Woman Owned Florida general & roofing contractors Evelio MantillaFlgcroofing@gmail.com30035 sw 143rd ct Homestead FL 33033 6 Document(s) found for this bid 1 of 4 168 Florida Lemark Corporation Heidi Pabonhpabon@floridalemark.com9627 S Dixie Highway Miami FL 33156 Hispanic Owned, Small Business G. Batista Engineering & Construction Greg Batista,PEgbatista@gbanda.com3806 Davie Blvd.Ft. Lauderdale FL 33312 Hispanic Owned, Small Business Green Alliance Inc.Ramon Duarterduarte@greenalliancecorp.com14996 SW 20th Terrace Miami FL 33185 Hispanic Owned, Small Business H.A. CONTRACTING CORP.HENRY ANGELOHENRY@HACONTRACTING.COM9500 N.W. 12 ST., BAY 1 Miami FL 33172 Small Business H.A. Contracting Corp.Henry Angelo IIIhenry@hacontracting.com 9500 N.W. 12th Street, Bay 1 Miami FL 33172 HANDS ON BUILDERS,LLC LUIS BARRIOSjerry@hob4u.com15831 SW 97 AVE.MIAMI FL 33157 Innovative Masonry Restoration Jim Dolbyjim@imrestoration.com16264 Lakeside Ave SE Prior Lake MN 55372 J&H Painting Services Inc.Michael Scollojhpaintingincfl@gmail.com 11840 WINDY FOREST WAY BOCA RATON FL 33498 JVA Engineering Contractor Inc Jose Alvarezjma@jvaengineering.com6600 NW 32 Ave Miami FL 33147 Hispanic Owned, Small Business KAST Construction Jim Rhinehartjrhinehart@kastbuild.com12234 150th Court North West Palm Beach FL 33478 Kimley-Horn and Associates, Inc.Erin AthasFlorida.marketing@kimley-horn.com1005 Nancy Circle Orlando FL 32708 M&J GENERAL CONTRACTORS CESAR DE LUNAcesar@mjgeneralcontractors.com300 Palermo Avenue CORAL GABLES FL 33134 Hispanic Owned, Small Business, Woman Owned MHC Construction Andres Ricorfp@modernhomecare.com8004 NW 157 Street Hialeah FL 33016 Miliani Construction Corp Adolfo Milianiamiliani@milianiconstruction.com11012 NW 73 ST Miami FL 33178 Hispanic Owned, Small Business, Woman Owned MTD Yesenia DiazindustryGCG@Gmail.com 1201 N Federal Hwy 2A #7562 Fort Lauderdale FL 33338 Naysac Corporation ANNABEL RODRIGUEZarodriguez@conemco.com782 NW 42 AVE STE 635 Miami FL 33126 Onvia, Inc. - Content Department Content Source Managementsourcingsupport@deltek.com509 Olive Way, Suite 400 Seattle WA 98101 Osborn Engineering Janette Deanjdean@osborn-eng.com 400 N Tampa Street, Suite 2230 Tampa FL 33602 2 of 4 169 Panizza Construction Services Corp Ana Panizzapanizzacontruction@hotmail.com 1603 W Harmony Lake Circle Davie FL 33324 Perez-Borroto Construction LLC dba TrueBuild Group William Perez-Borrotowilliam@truebuild.group501 E 33rd St Hialeah FL 33013 Pontifex Construction Group Inc.Luis RodriguezLRodriguez@pontifexgroup.com8720 SW 83rd Street Miami FL 33173 Quick Painting Group Corp.Andres Sanchezinfo@quickpaintinggroup.com 9867 S Orange Blossom Trl Orlando FL 32837 Hispanic Owned Rogar Management & Consulting of FL LLC Javier Rodriguezrogarbills@gmail.com12011 sw 129th ct #5 miami FL 33186 Sleiman Construction, LLC Danny Sleimandanny@sleimanc.com8440 South Dixie Highway Miami FL 33143 Hispanic Owned, Small Business Southern Road & Bridge, LLC Lucas Pappasprequal@southernrb.com715 Wesley Avenue Tarpon Springs FL 34689 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 The Paving Lady Mauro Comuzzimauro@pavinglady.com 1000 West Industrial Avenue Boynton Beach FL 33426 Hispanic Owned Waypoint Contracting, Inc Manny Vecininfo@waypointci.comPO BOX 558482 MIAMI FL 33255 Western Specialty Contractors of America Quinn Griffithquinng@westerngroup.com2590 N. Powerline Rd Pompano Beach FL 33069 3 of 4 170 4 of 4 171 30 S .................................................................................................NEIGHBORS SUNDAY FEBRUARY 25 2024 172 CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Board will hold a public hearing on Tuesday March 12 2024 at 7:00 p.m. to consider the following applications: 1. PB-24-006 Applicant: The City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE IV "OTHER REGULATIONS," SECTION 20-4.5 "LANDSCAPING AND TREE PROTECTION REQUIREMENTS FOR ALL ZONING DISTRICTS," OF THE LAND DEVELOPMENT CODE, TO MODIFY REQUIREMENTS FOR NEW CONSTRUCTION, ADDITIONS, AND OTHER STRUCTURES ON SINGLE-FAMILY AND DUPLEX LOTS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE 2. PB-24-007 Applicant: The City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE Ill "ZONING REGULATIONS," OF THE LAND DEVELOPMENT CODE, TO MODIFY PROVISIONS APPLICABLE TO TOWNHOUSE DEVELOPMENT, INCLUDING CREATING A NEW ZONING DISTRICT KNOWN AS RT-18 "TWO-FAMILY/TOWNHOUSE RESIDENTIAL DISTRICT" AND PROVIDING FOR APPLICABLE REGULATIONS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE The hearing will be held online and all Board members as well as City staff will participate by video conferencing at City Hall Commission Chambers. 6130 Sunset Drive. South Miami. Florida 33143 or at remote locations through the Zoom platform, and members of the public may join the meeting via either Zoom at (https://zoom.us/i/3056636338), by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/ Public-Meetings-Notices. The pending application and supporting documentation can be reviewed and copies obtained by contacting the City Clerk at 305-663-6340 or 305-663-6331. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. tuu galindcr;, LATIN Nkenga A. Payne, CMC, FCRM City Clerk AMERICAN LATIN AMERICAN CAFETERIA -RESTAURANT M~ &, l?efi Best Cuban Food in Town ENJOY OUR DAILY CHEF SPECIALS WEARE OPEN Seven Days a Week 7 am to Midnight WE CATER PARTIES Size Not a Problem 305.267.9995 898 SW 57 Avenue Major Credit Cards Accepted Including Primecard Sunday thru Thursday: ?am-11 pm Friday & Saturday: ?am-Midnight Various Types of Coffee • Smoothies Salads • Breakfast • Pastelitos • Pizza Various Paninis • Fine Sweets Cakes for every occasion BREADS: Cuban Bread • Wheat Cuban Bread Croissants • Crackers • Palitroques HOT BREAKFAST SERVED UNTIL NOON: $10.50 Scrambled Eggs or Fried with Potatoes, Ham, Bacon or Sausage, Toast and Cafe con Leche OUR SPECIALTY Creme Brulee 305.264.2800 890 SW 57 Avenue Monday thru Thursday: 6am-1 Opm • Friday: 6am-11 pm Saturday: 7am-12m • Sunday: Barn-10pm PUBLIC NOTICE INVITATION TO BID (1TB) No. PW2024-02 CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY 1 REPAIRS NOTICE IS HEREBY GIVEN that the City of South Miami ("City") is soliciting bids for the City of South Miami Municipal Parking Garage Priority 1 Repairs Project. Interested companies. firms, and individuals ("Bidders") may obtain a copy of Invitation to Bid No. PW2024-02 (the "ITB") to be issued on February 15. 2024, at the City of South Miami 6130 Sunset Drive, South Miami, FL 33143, on the City's website at www.southmiamjfLgov, or via DemandStar at https://network.demandstar.com/. The 1TB 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 1TB 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 1TB once posted to the website. The bid submission shall be submitted electronically via DemandStar and marked "Bid to City of South Miami, 1TB No. PW2024-02 for the "CITY OF SOUTH MIAMI MUNICIPAL GARAGE PRIORITY 1 REPAIRS" LOCATED AT 5829 SW 73RD STREET, SOUTH MIAMI FL 33143." Bids must be received by the City by no later than March 15, 2024 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/3056636339 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. Any bid submission received after this lime and dale 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. ~ BREAKFAST SPECIAL Saturday & Sunday 6am-1pm s10.so s11.2s 2 Fried or Scrambled Eggs; Ham, Bacon or Sausage; Potatoes or Grits; Toast and Coffee Nkenga A. Payne, CMC, FCRM City Clerk, City of South Miami '{_uLJ fialindo~ LATIN#2 ERICAN ality & tradition as the erican of 57th Avenue EXECUTIVE LUNCH SPECIAL Monday-Friday 11 am-3pm s10.so DlSCOUNTSTO: TAKEOUT ONLY ALL DAYLONG Monday-Friday 1 0am-1 0pm s10.so Fll Sludents1Faculty(12't)Cash &~)Cledltcard • Unifonned l'olice Officers (25%) & County Employees (10%) All major credit cards accepted-lnduding Primecard 3/21/24, 2:34 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=WESTER…1/3 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 Foreign Profit Corporation WESTERN WATERPROOFING COMPANY OF AMERICA Filing Information 841762 43-1071701 11/02/1978 MO ACTIVE Principal Address 1637 N WARSON ROAD ST LOUIS, MO 63132 Changed: 04/02/2007 Mailing Address 1637 N WARSON ROAD ST LOUIS, MO 63132 Changed: 04/02/2007 Registered Agent Name & Address NRAI SERVICES, INC 1200 South Pine Island Road Plantation, FL 33324 Name Changed: 02/22/2011 Address Changed: 02/22/2011 Officer/Director Detail Name & Address Title CEO and President BISHOP JR., BENJAMIN M. 1637 N. WARSON ROAD ST. LOUIS, MO Title Director D C Florida Department of State 173 3/21/24, 2:34 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=WESTER…2/3 BISHOP SR., BENJAMIN M. 1637 N. WARSON ROAD ST. LOUIS, MO Title Treasurer and Assistant Secretary DIEHL, TIMOTHY 1637 N WARSON ROAD SAINT LOUIS, MO 63132 Title Secretary BALLENGEE, JENNIFER V. 1637 N WARSON ROAD ST. LOUIS, MO Title Vice President and CFO Gillstrom, Paul 1637 N. WARSON ROAD ST. LOUIS, MO 63132 Title Director Bishop, Michael R 1637 N WARSON ROAD ST LOUIS, MO 63132 Annual Reports Report Year Filed Date 2022 02/21/2022 2023 01/25/2023 2024 02/15/2024 Document Images 02/15/2024 -- ANNUAL REPORT View image in PDF format 01/25/2023 -- ANNUAL REPORT View image in PDF format 02/21/2022 -- ANNUAL REPORT View image in PDF format 02/25/2021 -- ANNUAL REPORT View image in PDF format 04/20/2020 -- ANNUAL REPORT View image in PDF format 04/16/2019 -- ANNUAL REPORT View image in PDF format 04/12/2018 -- ANNUAL REPORT View image in PDF format 03/13/2017 -- ANNUAL REPORT View image in PDF format 04/05/2016 -- ANNUAL REPORT View image in PDF format 04/03/2015 -- ANNUAL REPORT View image in PDF format 04/24/2014 -- ANNUAL REPORT View image in PDF format 03/20/2013 -- ANNUAL REPORT View image in PDF format 05/07/2012 -- ANNUAL REPORT View image in PDF format 05/04/2011 -- ANNUAL REPORT View image in PDF format 174 3/21/24, 2:34 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=WESTER…3/3 02/22/2011 -- Reg. Agent Change View image in PDF format 03/08/2010 -- ANNUAL REPORT View image in PDF format 06/30/2009 -- ANNUAL REPORT View image in PDF format 04/08/2008 -- ANNUAL REPORT View image in PDF format 04/02/2007 -- ANNUAL REPORT View image in PDF format 02/23/2006 -- Reg. Agent Change View image in PDF format 01/23/2006 -- ANNUAL REPORT View image in PDF format 04/30/2005 -- ANNUAL REPORT View image in PDF format 03/02/2004 -- ANNUAL REPORT View image in PDF format 04/17/2003 -- ANNUAL REPORT View image in PDF format 03/27/2002 -- ANNUAL REPORT View image in PDF format 04/30/2001 -- ANNUAL REPORT View image in PDF format 02/24/2000 -- ANNUAL REPORT View image in PDF format 02/08/1999 -- ANNUAL REPORT View image in PDF format 01/22/1999 -- Reg. Agent Change View image in PDF format 02/27/1998 -- ANNUAL REPORT View image in PDF format 02/03/1997 -- ANNUAL REPORT View image in PDF format 02/06/1996 -- ANNUAL REPORT View image in PDF format 05/01/1995 -- ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations 175 1637 N WARSON ROAD ST LOUIS, MO 63132 Current Principal Place of Business: Current Mailing Address: 1637 N WARSON ROAD ST LOUIS, MO 63132 Entity Name: WESTERN WATERPROOFING COMPANY OF AMERICA DOCUMENT# 841762 FEI Number: 43-1071701 Certificate of Status Desired: Name and Address of Current Registered Agent: NRAI SERVICES, INC 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 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 15, 2024 Secretary of State 6962586502CC JENNIFER V. BALLENGEE SECRETARY 02/15/2024 2024 FOREIGN PROFIT CORPORATION ANNUAL REPORT No Title CEO AND PRESIDENT Name BISHOP JR., BENJAMIN M. Address 1637 N. WARSON ROAD City-State-Zip:ST. LOUIS MO Title TREASURER AND ASSISTANT SECRETARY Name DIEHL, TIMOTHY Address 1637 N WARSON ROAD City-State-Zip:SAINT LOUIS MO 63132 Title VICE PRESIDENT AND CFO Name GILLSTROM, PAUL Address 1637 N. WARSON ROAD City-State-Zip:ST. LOUIS MO 63132 Title DIRECTOR Name BISHOP SR., BENJAMIN M. Address 1637 N. WARSON ROAD City-State-Zip:ST. LOUIS MO Title SECRETARY Name BALLENGEE, JENNIFER V. Address 1637 N WARSON ROAD City-State-Zip:ST. LOUIS MO Title DIRECTOR Name BISHOP, MICHAEL R Address 1637 N WARSON ROAD City-State-Zip:ST LOUIS MO 63132 176