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HomeMy WebLinkAboutReso 2023-3503RESOLUTION NO. 2023 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 23-02-02 TO, AND APPROVING AN AGREEMENT WITH, SLEIMAN CONSTRUCTION, LLC. FOR THE CONSTRUCTION OF THE MEDITATION GARDEN LOCATED WITHIN THE TOWN CENTER PARK, IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FORTY-FIVE THOUSAND NINE HUNDRED NINETY DOLLARS AND NO CENTS ($745,990.00); AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach, Florida ("City") is in need of a contractor for the construction of the Meditation Garden located within the Town Center Park ("Services"); and WHEREAS, on February 28, 2023, the City issued and advertised Invitation to Bid No. 23- 02-02 ("Bid") to perform the Services and received two (2) responses; and WHEREAS, Sleiman Construction, LLC. ("Contractor") was the lowest responsive and responsible bidder, and represented to the City that it is qualified, willing, and able to perform the desired Services, as specified in the Bid; and WHEREAS, the City Commission wishes to award the Bid to, and approve an Agreement with, the Contractor to perform the Services, in an amount not to exceed Seven Hundred Forty - Five Thousand Nine Hundred Ninety Dollars and No Cents ($745,990.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid No. 23-02-02 to, and approves an Agreement with Contractor for the construction of the Meditation Garden located within the Town Center Park, in an amount not to exceed Seven Hundred Forty -Five Thousand Nine Hundred Ninety Dollars and No Cents ($745,990.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. @BCL@EC0B1D92.docx Page 1 of 2 PASSED AND ADOPTED this 18th day of May 2023. Larisa S e in, Mayor ATTEST' APPROVED AS TO FORM F' AND LEGAL SUFFICIENCY: MaurOp B tanc r, CMC, City Clerk Valerie Vicente, City Attorney Moved k..-A*'�'econclecl by: Vote: Mayor Svechin _ ,(Yes) o) Vice Mayor Joseph Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant }- (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@ECOB1D92.docx Page 2 of 2 4 SUNNY SF p FBF AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH eW AND SLEIMAN CONSTRUCTION, LLC acyl ' FL p N,NO . CONTRACT NO. 2023-8102 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this j0day of ' , , 2023, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and SLEIMAN CONSTRUCTION, LLC, a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 82-0786619. RECITALS WHEREAS, the City is in need of a contractor to construct a meditation garden at the Town Center Park located at 17200 Collins Avenue, as further described herein ("Work"); and WHEREAS, the City issued an Invitation to Bid, ITB 23-02-02, which was titled "Town Center Park Meditation Garden"; and WHEREAS, upon evaluation, Contractor was determined to have submitted the lowest responsible and responsive bid; and WHEREAS, the City wishes to contract with Contractor to provide the desired Work as more particularly described in the Contract Documents as defined below for a total amount not to exceed Eight Hundred Twenty Thousand Five Hundred Eighty -Nine Dollars and Fifty -Six Cents ($820,589.56), which amount includes a contingency of Seventy -Four Thousand Five Hundred Ninety -Nine Dollars and Five Cents ($74,599.05). NOW THEREFORE, in consideration of the promises and the mutual covenants herein named, the parties agree as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 The Contract 1.1.1 The Contract between the City and the Contractor, of which this Contract is a part, consists of the Contract Documents. It shall be effective on the date this Contract is executed by the last party to execute it. 1.2 The Contract Documents 1.2.1 The Contract Documents consist of this Contract, the Bid Documents (Invitation to Bid No. 23-02-02, the "ITB"), the Specifications, the Drawings, the Plans, addenda to the ITB, Contractor's Response to ITB, all of which are attached hereto as Attachment "A" and incorporated herein by reference, as well as any Addenda, any Supplemental Conditions, all Change Orders and Field Orders issued hereinafter, any other amendments hereto executed by the parties hereafter, together with the following (if any): AUM Construction, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax NOT APPLICABLE Documents not enumerated in this Paragraph 1.2 or Paragraph 1.3 are not Contract Documents and do not form part of this Contract. 1.3 Entire Agreement 1.3.1 This Contract, together with the Contract Documents and Contractor's bond for the Project, constitute the entire and exclusive agreement between the City and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes all prior written or oral communications, representations, and negotiations, if any, between the City and the Contractor. 1.4 No Privity with Others 1.4.1 Nothing contained in this Contract shall create, or be interpreted to create privity or any other contractual agreement between the City and any person or entity other than the Contractor. 1.5 Intent and Interpretation 1.5.1 The intent of this Contract is to require complete, correct, and timely execution of the Work. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price. 1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract. 1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation." 1.5.5 The word "allowance" as used in this Contract shall mean the amount budgeted for an item and shall not be interpreted or construed as an agreement by the City to pay the budgeted amount. Any amounts to be paid for those items identified as an allowance shall only be issued with the prior written approval of the City. It is further understood by the Contractor that the allowance is inclusive of overhead. 1.5.6 The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence, or condition shall be deemed not to constitute a material breach of this Contract. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 1.5.7 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.8 The Contractor shall have a continuing duty to read, carefully study, and compare each of the Contract Documents, and shall give written notice to the City of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the City, the City's Representative, or the City's Consultant Engineer, of the Contract Documents shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence. of the Contractor's compliance with this Contract. The City has requested the City's Consultant Engineer to only prepare documents for the Project, including the Specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, THE CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed, and carefully examined such documents consistent with the standard applicable to similarly situated contractors and not the standard applicable to design professionals, has found them to be complete, accurate, adequate, consistent, coordinated, and sufficient for construction, and that the Contractor will rely upon the representation or warranties by the City concerning such documents. The Contractor further acknowledges and represents that it has made a thorough and careful examination and inspection of existing above ground surface conditions on the Project site, and the Contractor expressly acknowledges and agrees that it shall make no claim for additional compensation due to existing above ground surface conditions that could be determined or ascertained from a thorough and careful above ground examination and inspection of the site. 1.5.9 In the event of any conflict in the Contract Documents, the following documents shall take precedence in the following order of precedence: (a) any Change Orders; (b) the Addenda; (c) the Specifications; (d) the Drawings; (e) any Supplemental Conditions; (f) the Contract for Construction; (g) the City's Bid; (h) the Contractor's Representations made at the Post -bid Conference; (i) the Contractor's Response As between numbers and scaled measurements on the Drawings, the numbers shall govern; as between larger scale and smaller scale drawings, the larger scale shall govern. 1.5.10 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 1.5.11 Whenever the word "days" is used, it shall mean calendar days and not working days unless otherwise specified. 1.5.12 Contractor shall comply with Section 255.04, Florida Statutes, in selecting subcontractors, materials and suppliers. 1.6 Ownership of Contract Documents 1.6.1 The Contract Documents, and each of them, shall remain the property of the City unless the City has agreed otherwise with the City's Representative and/or City Consultant Engineer. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided, however, that in no event shall Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the City's prior written authorization. 1.7 Public Records Law 1.7.1 The Contractor shall comply with all applicable requirements contained in the Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to any applicable provisions in Section 119.070 1, Florida Statutes. To the extent that the Contractor and this Contract are subject to the requirements in Section 119.0701, Florida Statutes, the Contractor shall: (a) keep and maintain public records required by the City to perform the services provided hereunder; (b) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (c) 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 term of this Contract and following completion of this Contract if the Contractor does not transfer the records to the City; and (d) upon completion of the Contract, transfer, at no cost, to the City all public records in the possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. If the Contractor fails to comply with the requirements in this Section, the City may enforce these provisions in accordance with the terms of this Agreement. If the Contractor fails to provide the public records to the City within a reasonable time, it may be subject to penalties under Section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE CONTRACTOR SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax RECORDS: THE CITY CLERK, MAURICIO BETANCUR, BY TELEPHONE (305/792-1703), E-MAIL (MBETANCUR@SIBFL.NET), OR MAIL (CITY OF SUNNY ISLES BEACH, OFFICE OF THE CITY CLERK, 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA 33160). 1.8 Compliance with Laws 1.8.1 Contractor and the Services must comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations including, without limitation, the American with Disabilities Act (ADA), 42 U.S.C. § 12101, Section 504 ofthe Rehabilitation Act of 1973, and any related federal, state, or local laws, rules, and regulations. 1.8.2 ADA Compliance Upon request, Contractor will provide the City with any accessibility testing results and written documentation verifying accessibility for documents delivered by the Contractor to the City, as well as promptly respond to and resolve accessibility complaints. 1.9 Electronic Recordkeeping 1.9.1 Contractor certifies its services and products meet all recordkeeping requirements of the State of Florida, including but not limited to those in Chapter 119, Florida Statutes, and Rule 1B -26.003(6)(g), Florida Administrative Code. ARTICLE II THE WORK 2.1 The term "Work" shall mean whatever is done by or required of the Contractor to perform and complete its duties under this Contract, including the following: construction of the whole or a designated part of the Project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, administration, management, supervision, testing, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, maintenance of traffic, permits, and licenses required of the Contractor, including all items listed above and all appurtenant work, complete, tested, and ready for operation, including fuel, heat, light, cooling, and all other utilities, including temporary utilities and facilities as required by this Contract. The Work to be performed by the Contractor is generally described as follows: The Work to be performed under this Contract is the construction of a meditation garden at the Town Center Park, located at 17200 Collins Avenue, as more particularly described in the Contract Documents. The Contractor shall furnish all labor, equipment, and materials necessary to construct the garden and sculptures (contractor to provide bases, sculptures provided by others) in accordance with the specifications herein and the Contract Documents. Two significant sculptures shall be added as part of the project and the existing building will undergo improvements as part of the Project. Access shall be provided along the north property line of the park from Collins Avenue. Contractor shall provide temporary fencing and use plywood sheets to protect the existing sidewalk. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 2.2 The Contractor shall perform all the Work required, implied, or reasonably inferable from, this Contract as specifically set forth in the Contract Documents. The Contractor agrees to comply with the City of Sunny Isles Beach's permitting requirements, including all licensing requirements associated with the Public Works Department. 2.3 Unless expressly permitted or allowed by the Contract Documents, substitutions of materials, articles, systems, equipment, or other components of the Work will not be considered. Where substitutions are expressly permitted or allowed by the Contract Documents, the Contractor must demonstrate to both the City and the City's Representative that a proposed substitution is equal in substance, quality, and function to the material, article, or piece of equipment identified in the Contract Documents. The City shall have no obligation to accept a proposed substitution and no substitution shall be allowed without the prior written approval from both the City's Representative and the City. If the substitution results in a savings to the Contractor, the City shall be entitled to a credit for the amount saved as a result of the substitution. 2.4 The Contractor acknowledges and agrees that the term "flowable fill," included in Contract Documents as a specific unit price, includes removal and disposal of unsuitable spoil material and is subject to the City's approval before including flowable fill into the Work. ARTICLE Ill CONTRACT TIME 3.1 Time 3.1.1 The City shall notify the Contractor in writing of the date on which the Work shall begin ("the Notice to Proceed Date"). The Contractor shall commence site activities on the Notice to Proceed Date, and the Work shall be carried on regularly and without interruption. The project shall be substantially completed within one -hundred and eighty (180) calendar days from the Project initiation specified in the Notice to Proceed and final completion within two -hundred and ten (210) calendar days from Project date specified in the Notice to Proceed. The total two hundred and ten (2 10) calendar days include weekend days and holidays. 3.2 Notice to Proceed 3.2.1 Once a Notice to Proceed has been issued, the Contractor shall be responsible for the timely and successful completion of the Work and shall endeavor to provide all applicable agencies having jurisdiction with all the required documentation needed to successfully and timely continue the progress of the Work. This may include, but is not limited to providing all necessary documentation in the form of shop drawings, clarifications, calculations, technical data, protocols, product approvals, etc. 3.2.2 Under no circumstances will the City accept claims or be responsible for delays arising from failed, unsuccessful, untimely, or late inspections, or rejections of inspected Work due to the fault of the Contractor for not supplying all of the necessary documentation 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax in the forms required or requested by the City, the City's Representative, or the City's Consultant Engineer. 3.3 Time is of the Essence 3.3.1 All limitations of time set forth in the Contract Documents are of the essence of this Contract. 3.4 The Terms of Sections 1.8, 7.15, and 7.5 entitled "Compliance with Laws", "Indemnity" and "Warranty", respectively, shall survive the expiration or termination of this Agreement. ARTICLE IV CONTRACT PRICE 4.1 The Contract Price 4.1.1 The City shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required herein, the fixed sum of Seven Hundred Forty -Five Thousand Nine Hundred Ninety Dollars and Fifty -One Cents ($745,990.51). The fixed sum set forth in this Paragraph 4.1.1 shall constitute the Contract Price which shall not be modified except by Change Order as provided in this Contract. 4.2. Contingency 4.2.1 In addition to the Contract Price set forth in Paragraph 4.1.1, there shall be a contingency in the amount of Seventy -Four Thousand Five Hundred Ninety -Nine Dollars and Five Cents ($74,599.05). The contingency accounts for all labor, materials, equipment, overhead, and services necessary for modification or extra work.required to complete the Work because of unforeseen conditions, unforeseen conflicts between existing elements of work and the proposed work; for minor changes required to resolve any unforeseen conditions, Revised Regulations, Technological and Products Development, Operational Changes, Schedule Requirements, Program Interface, Emergencies, and Other Miscellaneous Costs, and for adjustments to estimated quantities installed, and associated time related to the Work. Unforeseen conditions or conflicts as used in this Paragraph 4.2.1, are those conditions which could not have been determined or ascertained from a thorough and careful examination and inspection of the site as provided by Paragraph 1.5.8. The disbursement of all or part of the contingency is entirely at the discretion of the City and must be authorized by the City's Representative and approved by the City. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 Schedule of Values 5.1.1 At least seven (7) days before the first Pre -Construction Meeting, the Contractor shall submit to the City and to the City's Representative a Schedule of Values allocating the Contract Price to the various portions of the Work in conformance to the revised bid form City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax submitted by Contractor in response to the ITB. The Schedule of Values shall be used only as a basis for the Contractor's Applications for Payment and shall only constitute such basis after it has been acknowledged in writing by the City's Representative and the City. 5.2 Payment Procedure 5.2.1 The City shall pay the Contract Price to the Contractor as provided below. 5.2.2 Progress Payments. Based upon the Contractor's Payment Requests to the City's Representative and upon Certificates for Payment subsequently issued to the City by the City's Representative, the City shall make progress payments to the Contractor on account of the Contract Price. Contractor shall use the AIA G-702 / 703 payment submittal method. 5.2.3 On or before the 25th day of each month after commencement of the Work, the Contractor shall submit a Payment Request for the period ending the last day of the previous month to the City Representative in such form and manner, and with such supporting data and content, as the City or the City Representative may require. Contemporaneously with the submission of each Application for Payment, the Contractor shall submit a current shop drawing log reflecting the status of all shop drawings and submittals; a current CPM schedule as required by Paragraph 7.9 herein below; lien copies of releases from Contractor and releases from subcontractors in favor of Contractor's Surety confirming receipt of funds received from the City for the previous payment period; and the Contractor shall have a current set of As -Built drawings maintained on site including bore logs as may be applicable and available for inspection. Submission of the shop -drawing log, CPM schedule, and photographs as required herein shall be a condition precedent for payment to the Contractor. With regard to any Contract for construction services, a public entity may withhold from each progress payment made to the Contractor an amount not exceeding 5 percent of the payment as retainage. Payment for stored materials and equipment shall be contingent upon the Contractor's proof satisfactory to the City, that the City has title to such materials and equipment and shall include proof of required insurance sufficient to protect the City from any loss should the materials and equipment be lost, stolen or otherwise destroyed or damaged. Such Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the Work has progressed to the level for which payment is requested in accordance with the Schedule of Values, that the Work has been properly installed or performed in full accordance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the City's Representative will review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Payment Request and is as required by this Contract. The City, in its sole discretion, may review the Work and the Payment Request prior to any certification by the City's Representative and the City may, in its sole discretion, require the City's Representative and the Contractor to meet and confer with the City with respect to said Payment Request prior to any certification of same. The City's Representative shall determine and certify the City the amount properly owing to the Contractor. The City shall make partial payments on account of the Contract City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Price to the Contractor within twenty-five (25) days following the receipt of the City's Representative's approval of each Payment Request. The amount of each partial payment shall be the amount certified for payment by the City's Representative less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by this Contract. The City's Representative's certification of the Contractor's Payment Request shall not preclude the City from the exercise of any of its rights as set forth in Paragraph 5.3 herein below. 5.2.4 The Contractor warrants that title to all Work covered by a Payment Request will pass to the City no later than the time of payment. The Contractor further warrants that upon submittal of a Payment Request, all Work for which payments have been received from the City shall be free and clear of liens, claims, security interests or other encumbrances in favor of the Contractor or any other person or entity whatsoever. 5.2.5 The Contractor shall promptly pay each Subcontractor out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which such Subcontractor is entitled. Submission of lien releases from subcontractors in favor of Contractor's Surety confirming receipt of the previous month's payment is a prerequisite for release of payment to Contractor per Paragraph 5.2.3. 5.2.6 No progress payment, nor any use or occupancy of the Project by the City, shall be interpreted to constitute an acceptance of any Work not in strict accordance with this Contract. 5.3 Withheld Payment 5.3.1 The City may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the City from loss because of: (a) defective Work not remedied by the Contractor nor, in the opinion of the City, likely to be remedied by the Contractor; (b) claims of third parties against the City or the City's property, unless the surety provides the City a written consent regarding the payment(s) in question; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion. The City may ask the surety for a written consent regarding the payment(s) in question. However, notwithstanding the foregoing, and provisions of Section 255.05 (11), Florida Statutes, the parties hereby agree that the City may condition its payment to the Contractor on the production of a release, waiver, or like documentation from a Subcontractor or others demonstrating that the Subcontractor or others do not have an outstanding claim for payments due on labor, services or materials furnished under the Contract related to the period covered by the City's previous payment to Contractor. In the event the City requires such documentation, the provisions of the Local Government Prompt Payment Act (Sections 218.70 through 218.79) G City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax shall be suspended until such time as the City obtains the requested documentation; (d) objective evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price; (e) evidence that the Work will not be completed in the time required for final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the City or a third party to whom the City is, or may be liable; (h) failure to comply with 5.2.3 of this section. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall comply with such demand within ten (10) days of receipt of same. 5.4 Completion and Final Payment 5.4.1 When all of the Work is finally complete and the Contractor is ready for a final inspection, it shall notify the City and the City's Representative thereof in writing. Thereupon, the City's Representative will make final inspection of the Work and, if the Work is complete in full accordance with the Contract Documents and this Contract has been fully performed, the City's Representative will promptly issue a final Certificate for Payment certifying to the City that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. If the City's Representative is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work due to deficient work by Contractor or any party retained by the Contractor to perform work or supply materials under the Agreement, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the City from the Contractor's final payment. 5.4.2 As a condition precedent to final payment to the Contractor, the Contractor shall deliver to the City the following documents in a form acceptable to the City: a) Project Record Documents including As -built Drawings and Specifications, Addenda, Construction Schedule, Change Orders, and other modifications of the Contract, Approved Shop Drawings, Product Data and Samples, and Field Test records. b) Operating and Maintenance Instructions: Submit instructions and/or manuals for operating equipment and systems as prepared in accordance with the requirements of the applicable equipment specifications sections. c) Warranties and Bonds: As applicable and in accordance with the requirements of the individual sections of the specifications. d) Affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the City, or the City's property might be responsible, have been fully paid or otherwise satisfied. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax e) Lien releases and waivers of payment bond claims from all Subcontractors and releases from the Contractor to the City as required by the City's Representative or the City. f) Consent of surety to final payment. g) A duly executed assignment of any and all warranties required by the Contract Documents. h) Any and all operating manuals required by the Contract Documents. i) Any and all manuals relating to Project materials or Project maintenance. j) Executed change orders relating to any and all changes in the Work. k) Any and all as -built drawings required by the Contract Documents. If any third party fails or refuses to provide a release of claim or waiver of lien as required by the City, the Contractor shall furnish a Consent of Surety to the City and to discharge any such lien or indemnify the City from liability. 5.4.3 As a further condition precedent to final payment, the Contractor shall furnish to the City a complete and comprehensive set of as -built drawings; said as -built drawings are to be submitted in hard copy and in electronic format, and the City and the Contractor agree and acknowledge that the Contract Price includes all cost and expense associated with the production of said as -built drawings. 5.4.4 The City shall make final payment of all sums due the Contractor within twenty- five (25) days of the City's Representative's execution of a final Certificate for Payment. 5.4.5. Acceptance of final payment shall constitute a waiver of all claims against the City by the Contractor except for those claims previously made in writing against the City by the Contractor, pending at the time of final payment, and identified in writing by the Contractor as unsettled at the time of its request for final payment. ARTICLE VI THE CITY 6.1 Information. Services and Items Required from City 6.1.1 The "City" The City of Sunny Isles Beach, as represented by the City Commission and its designees, which is the owner of this Project. 6.1.2 The City shall furnish to the Contractor, prior to execution of this Contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the Project. Such written and tangible material is furnished to the Contractor only in order to make complete disclosure of such material. The City shall also furnish surveys, legal limitations, and utility locations (if known), and a legal description, if available, of the Project site. 6.1.3 The Contractor is responsible for compliance with, and shall secure at its expense, all municipal review, construction, and inspection permits. 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 6.1.4 The City shall furnish the Contractor, free of charge, two (2) copies of the Contract Documents for execution of the Work. The Contractor will be charged and shall pay the City FIFTY Dollars ($50.00) per additional set of Contract Documents which it may require. 6.2 City's Right to Stop Work 6.2.1 If the Contractor persistently fails or refuses to perform the Work in accordance with this Contract, the City shall have the right, but not an obligation, to order the Contractor to stop the Work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the City orders that Work be resumed. In such event, the Contractor shall immediately obey such order. A stop work directive provided under this paragraph shall not entitle the Contractor to an extension of the completion date nor any financial compensation resulting from expenses due to delays caused by this Stop Work directive provided said Stop Work directive is due to Contractor's actions or inaction. 6.3 City's Right to Perform Work 6.3.1 If the Contractor's Work is stopped by the City under Paragraph 6.2, or if the Contractor persistently fails or refuses to perform the Work in accordance with this Contract, and the Contractor fails within three (3) days of such stoppage, failure, or refusal, to provide adequate assurance to the City that the cause of such stoppage will be eliminated or corrected, then the City may, without prejudice to any other rights or remedies the City may have against the Contractor, proceed to carry out the subject Work. In such a situation, an appropriate Change Order shall be issued deducting from the Contract Price the cost of correcting the subject deficiencies, plus compensation for the City's Representative's additional services, if any, and expenses necessitated thereby, if any. If the unpaid portion of the Contract Price is insufficient to cover the amount due the City, the Contractor shall pay the difference to the City. 6.4 Inspections 6.4.1 No inspector shall have authority to waive any requirements of the Contract Documents. Any failure or omission on the part of any inspector, the Engineer/Architect or any agent of the City, to condemn any defective work or material shall not release the Contractor from its obligations to install the Work free from faults and defects and to promptly remove and repair any defective or deficient work. The Contractor hereby acknowledges and agrees that no inspector shall have authority to: (a) Authorize any deviation from the Contract Documents or approve any substitute materials or equipment; (b) Undertake any of the responsibilities of the Contractor, subcontractors or Contractor's superintendent; (c) Expedite the Work for the Contractor; 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (d) Advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents; (e) Advise on or issue directions as to safety precautions and programs in connection with the Work. Provided however, this shall not preclude the City inspector from notifying the Contractor of any hazardous or dangerous condition; (f) Participate in specialized field or laboratory tests. 6.5 Coordination and Scheduliniz of Work 6.5.1 The Contractor shall cooperate with the City and any separate contractors retained by the City, and the Contractor shall carefully coordinate and schedule the Work as may be required to accommodate without delay or interference the Work of the City or any of its separate contractors. 6.6 Contractor Responsible for Delays 6.6.1 The Contractor shall be responsible for any damages caused to the City as a result of any delays caused by the Contractor. 6.7 Contractor Storage 6.7.1 The Contractor shall remain solely responsible for protection and safekeeping of equipment and materials at or near the sites, and no claim shall be made against the City by reasons of any act of an employee or trespasser. The Contractor will retain a full set of contract documents in the field administration office including this document and current as -built plans available for the City's access at all times. ARTICLE VII THE CONTRACTOR 7.1 Upon providing no less than forty-eight (48) hours' notice to the Contractor, the City may conduct a pre -construction conference at a time and place set forth in the aforesaid notice. ATTENDANCE AT ALL PRE -CONSTRUCTION CONFERENCE(S) IS MANDATORY AND FAILURE TO ATTEND SHALL BE A MATERIAL BREACH OF THIS CONTRACT. 7.2 The Contractor shall perform no part of the Work, including, ordering of material, at any time without adequate Contract Documents or, as appropriate, approved Shop Drawings, Product Data or Samples for such portion of the Work. If the Contractor performs any of the Work knowing it involves a recognized error, inconsistency, or omission in the Contract Documents without such notice to the City's Representative, the Contractor shall bear responsibility for such performance and shall bear the cost of correction. 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 7.3 The Contractor shall perform the Work strictly in accordance with the Contract Documents. The Contractor shall also be responsible for all cutting, fitting, or patching that may be required to complete the Work or to make its several parts fit together properly. 7.4 Contractor's Professional Standard 7.4.1 City's engagement of the Contractor is based upon the Contractor's representations to the City that: (a) Contractor has carefully reviewed all Contract Documents prior to signing the Contract. (b) Contractor is an organization experienced in, and qualified, willing, and able to provide construction of the nature and type necessary to perform the Work; (c) Contractor is authorized and licensed to do business in the State of Florida, Miami - Dade County, and the City of Sunny Isles Beach; and (d) Contractor shall furnish labor, material, equipment, and services (i) which expeditiously, economically, and properly complete the Work in the manner most consistent with the City's interests and objectives, (ii) in accordance with the Contract Documents, and (iii) in accordance with the highest standards currently practiced by persons and entities performing comparable labor, material, equipment, and services on projects of similar size and complexity. (e) Contractor certifies that the sum of the Contract Price and Contingency as set forth in Paragraphs 4.1 and 4.2 is adequate to fully execute the Work as defined by the Contract Documents. 7.4.2. The Contractor shall administer, manage, supervise, and direct the Work using Contractor's best skill, effort, and attention. The Contractor shall be responsible to the City for any and all acts or omissions of the Contractor, its employees and others engaged in the Work on behalf of the Contractor. 7.5 Warranly 7.5.1 The Contractor warrants to the City that all persons performing labor furnished to progress the Work under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only implied warranty of fitness, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good and uniform quality, free from faults and defects and in strict conformance with this Contract for a period of one (1) year from the date of Final Completion and acceptance by the City unless a longer warranty period is a requirement of the drawings and/or specification for either individual elements of the project or the entire project. All Work not conforming to these requirements may be considered defective. 7.5.2 Any warranty required or received from a Subcontractor, manufacturer, or supplier is herein assigned by the Contractor to the City effective immediately upon issuance of the fully executed Certificate of Completion. Furthermore, the Contractor agrees to supply to the City the originals of all such warranties where same are in writing, and further agrees 14 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax to execute, if requested by the City, separate assignments of warranty on a form furnished by the City. 7.6 In the event permits are required, the Contractor shall obtain, and the City shall pay for, all permits, fees, and licenses necessary and ordinary for the Work except as otherwise provided in this Contract. The Contractor shall comply with all lawful requirements applicable to the Work and shall give and maintain any and all notices required by applicable law pertaining to the Work. 7.7 Supervision 7.7.1 The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Absent written instruction from the Contractor to the contrary, the superintendent shall be deemed the Contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the City or the City's Representative. 7.7.2 Key administrative, managerial and supervisory personnel assigned by the Contractor to this Project are as follows: Name Danny Sleiman Elias Sleiman Function Project Manager / Principal in Charge Project Superintendent The Contractor shall furnish to the City complete resumes of each of the individuals named above. So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the City agrees to the contrary in writing or unless the City requests the removal of any such individual from the Project. In the event the City requests the removal of any of the individuals named above, the Contractor shall immediately comply and shall immediately replace such individual with a qualified substitute to whom the City makes no objection. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 7.7.2 as though such individuals had been listed above. 7.8 Prior to the commencement of any construction activity, the Contractor shall provide to the City the layout, right of way designation, and work area parameters for the Work. 7.9 The Contractor, within fifteen (15) days of commencing the Work, shall submit to the City and the City's Representative for their information, the Contractor's schedule for completing the Work. The Contractor's schedule shall be presented in the critical path (CPM) format. The Contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire Project. Each such revision shall be furnished to the City and the City's Representative with each Application 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax for Payment. Failure by the Contractor to strictly comply with the provisions of this Paragraph 7.9 shall constitute a material breach of this Contract. 7.10 The Contractor shall continuously maintain at the site, in an orderly fashion and format acceptable to the City, for the benefit of the City and the City's Representative one record copy of this Contract and all Contract Documents marked to record on a current basis changes, selections and modifications made during construction. Additionally, the Contractor shall maintain at the site for the City and the City's Representative the approved Shop Drawings, Product Data, Samples, As -Builds and other similar required submittals. Upon final completion of the Work, all of these record documents shall be delivered to the City. 7.10.1 No less than bi-weekly, the Contractor shall conduct a Project meeting which shall include the Contractor's administrative, managerial, and supervisory personnel and representatives of each subcontractor working on the Project site. The meeting shall address, but shall not be limited to, the current status of the Work, including the current Project schedule and the existence of any defective or deficient work as well as the appropriate action required to correct or replace such work. The City and the City's Representative shall have the right, but not the duty, to attend such weekly meetings. The Contractor shall maintain detailed minutes of each such weekly meetings and shall distribute typewritten copies of such minutes to the City and the City's Representative no later than the close of the next workday following completion of such meeting. The Contractor shall further require its Project Manager to maintain a daily job diary which shall include for each work day the daily weather conditions, the identity of each subcontractor working on the site, the manpower of each subcontractor working on the site, the identity of all visitors to the Project site, documentary progress photographs, and any and all other information reflecting any delays, hindrances, interferences, or other problems encountered or incurred on the Project site. Each week the Contractor shall furnish the City and the City's Representative on a weekly basis full and complete copies of said daily job diary. 7.11 Shop Drawings, Product Data and Samples 7.11.1 Shop Drawings, Product Data, Samples, and other submittals from the Contractor do not constitute Contract Documents. Their purpose is merely to demonstrate the manner in which the Contractor intends to implement the Work in conformance with information received from the Contract Documents. 7.11.2 The Contractor shall not perform any portion of the Work requiring submittal and review of Shop Drawings, Product Data, or Samples unless and until such submittals have been approved by the City's Representative. Approval by the City's Representative, however, shall not be evidence that Work installed pursuant thereto conforms with the requirements of this Contract. 7.11.3 The Contractor shall maintain a log of all Shop Drawings, Product Data, and Samples submitted to the City's Representative and the City including, but not limited to, identification of the item of work according to appropriate specification section; date of receipt from appropriate subcontractor or supplier; date of review by the Contractor; date of submission to the City's Representative; date of return from the 16 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax City's Representative; date of return to the subcontractor or supplier; status of review by the City's Representative and any required re -submittal information. A true and correct copy of this log shall be submitted with each Payment Request and receipt of same by the City's Representative shall be a condition precedent for approval of the Payment Request. 7.12 Cleaning the Site and the Project 7.12.1 The Contractor shall keep the site clean during performance of the Work, shall remove debris, trash, and garbage from the Site daily and allow no accumulation of debris, garbage, or trash on the Site. Upon Final Completion of the Work, the Contractor shall clean the site and the Project and remove all waste, together with all the Contractor's property therefrom. 7.13 Access to Work 7.13.1 The City, the City's Representative, and the Public Work's Department shall have access to the Work at all times from commencement of the Work through Final Completion. The Contractor shall take whatever steps necessary to provide access when requested. 7.14 Safety 7.14.1 The Contractor shall take all reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to, its employees on the Work and all other persons who may be affected thereby; the Work and materials and equipment to be incorporated therein; and all other property at the site or adjacent thereto including, but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss, and shall give all notices required by same; this requirement includes, but is not limited to, the United States Occupational Safety and Health Act and the Florida Trench Safety Act, Florida Statute § 553.60. 7.15 Indemnity 7.15.1 To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless CITY, its officers, officials, and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, omissions, recklessness, or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Contract. This indemnification shall survive the term of this Contract. 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 7.16 Miscellaneous 7.16.1 Two (2) weeks prior to the Pre -Construction Meeting the Contractor shall submit to the City Maintenance of Traffic Plans. Approval by the City of this plan is a condition precedent to payment of any sums to the Contractor. The Contractor furthermore agrees to cooperate with the City and all other appropriate governmental entities with respect to the control, regulation, scheduling, and management of construction traffic. Contractor shall be solely responsible for furnishing all labor, material, and equipment, and performing all operations in connection with traffic control, including but not limited to providing signage, directional assistance (flaggers), police details, or any other labor and equipment necessary to ensure the proper maintenance of traffic in accordance with the Project Specifications and all applicable codes, regulations, and laws. 7.16.2 Contractor shall ensure that the Work does not impede individual or vehicular access to private property throughout the duration of the Work. Contractor may propose temporary facilities to ensure access to private property provided the same is approved by the City. 7.16.3 Contractor shall not enter upon, access, or disrupt private property. To the extent that the Work may require Contractor to enter upon or access private property, the Contractor shall immediately notify the City and shall not enter upon said private property unless provided express permission by the City. The City shall not provide the Contractor access to private property without first obtaining the private property owner's consent. 7.16.4 The City will provide the Contractor with Work Activity Notices (Door Hangers), which Contractor shall post on affected private properties no less than two (2) days in advance of planned Work affecting said properties. 7.16.5 Days and Hours of Work. With the exception of designated holidays or work exclusion dates as determined by the City during which no construction shall be performed, the construction portions of the Work shall only be performed on the following days and times: Monday through Thursday, between 7:00 a.m. and Sunset; Friday, 7:00 am to 5:00pm; and Saturday, 9:00am to 5:00pm, with prior notice to and approval from the City. The only exception to the day and time limitations set forth in 7.16.5 herein will be in the event of a life safety occurrence requiring immediate corrective action. 7.16.6 The Contractor shall be responsible for, and shall pay the cost of, all temporary facilities used, or made available, during the course of the Work. These facilities include, but shall not be limited to, electric power, gas, water, sewage, and sanitation, waste removal and disposal, telephone, and temporary office supplies and equipment. The Contractor shall timely pay for all such temporary facilities and shall coordinate the installation and removal of such facilities including, but not limited to, any required coordination with any utility company. Furthermore, the Contractor shall be responsible for, and shall pay the cost of, any utility work which may be necessary in order to perform the Work required by the Contract Documents; this responsibility includes, but is not limited to, the cost of installing, 18 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax moving, or relocating electric, water, sewer, gas, or other utility lines, wires, poles, pipe, and any other equipment of every kind and nature. Unforeseen conditions or situations which cannot be reasonably inferred from the contract documents will be individually evaluated and charged to the contract contingency. 7.16.7 The Contractor shall be responsible for receiving, off-loading, storing and securing materials supplied by utility companies in furtherance of the Work. Any damage, loss, or deterioration to said materials shall be the sole responsibility of the Contractor. 7.16.8 In the event the Contractor damages existing utility facilities while performing the Work, the Contractor shall immediately repair said damages at the expense of the Contractor, and in a manner acceptable to the City. Contractor shall maintain the materials and equipment necessary on the Project site to ensure that remedial repairs to utility facilities can be effectuated without delay. 7.16.9 The Contractor shall immediately notify the City of any unforeseen condition or deviation from the plans that the Contractor encounters in performance of the Work. The Contractor's responsibility to notify the City of said unforeseen condition or deviation applies in all circumstances, and is not contingent upon whether the Contractor intends to make a claim for Concealed and Unknown Conditions pursuant to Section 8.3.3. 7.16.10 After first giving at least seventy-two (72) hours written notice to the City and the City's Representative, the Contractor shall conduct any and all testing required under the Contract Documents and report the results of same to the City and the City's Representative within twenty-four (24) hours of receipt unless the City or the City's Representative instructs otherwise. The Contractor shall also cooperate with the City and the City's Representative in the event the City or the City's Representative elects to conduct testing for any purpose. The Contractor shall make the site, or any relevant portion thereof, available for such testing by the City or the City's Representative and the Contractor shall so schedule and coordinate its work so as not to interfere with any testing by the City or the City's Representative. When requested by the City or the City's Representative the Contractor shall furthermore uncover Work and otherwise assist in testing as may be required by the City or the City's Representative. The services requested by the City which are required to be provided by an Independent Testing Laboratory shall be paid by the City unless otherwise stated in the Contract Documents. Contractor may not rely upon any testing performed by the City or the City's Representative but shall remain solely responsible for insuring compliance with all Contract Documents and testing requirements. The Contractor shall be responsible for the payment of any of its testing. ARTICLE VIII CONTRACT ADMINISTRATION 8.1 City's Consultant Engineer 8.1.1 The City's Consultant Engineer for this project is Ross Engineering, Inc. In the event the City should find it necessary or convenient to replace the Consultant Engineer the City shall retain a replacement Consultant Engineer and the status of the replacement Engineer shall be that of the former Engineer. 19 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 8.2 City's Representative 8.2.1 The City's Representative, unless otherwise directed by the City in writing, will perform those duties and discharge those responsibilities allocated to the Engineer as set forth in the Contract Documents and this Contract. The City's Representative shall be the City's representative from the effective date of this Contract until final payment has been made. The City's Representative shall be authorized to act on behalf of the City only to the extent provided in this Contract. 8.2.2 The Contractor and the City's Consultant Engineer shall communicate with each other in the first instance through the City's Representative. The City's designated representative for the receipt of any such communications, or copies of same, is Richard Labinsky, City of Sunny Isles Beach, 18070 Collins Ave, Sunny Isles Beach, FL 33160, phone number 305-792-1817, and email rlabinsky@sibfl.net. The City reserves the right to change its designated representative upon written notice to the Contractor and City's Representative. 8.2.3 The City's Consultant Engineer shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance there under by the Contractor. The Engineer, through the City's Representative, shall render written or graphic interpretations necessary for the proper execution or progress of the Work with reasonable promptness on request of the Contractor. 8.2.4 The City's Representative will review the Contractor's Payment Requests and will certify to the City for payment to the Contractor, those amounts then due the Contractor as provided in this Contract. 8.2.5 The City's Representative shall have authority to reject Work which is defective or does not conform to the requirements of this Contract. If the City's Representative deems it necessary or advisable, the City's Representative shall have authority to require additional inspection or testing of the Work for compliance with Contract requirements. In the event additional inspections or testing are required pursuant to this paragraph 8.2.5, the costs for all additional inspections or testing shall be the responsibility for the Contractor. 8.2.6 The City's Representative will review and approve, or take other appropriate action as necessary, concerning the Contractor's submittals including Shop Drawings, Product Data, and Samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the Contract Documents. 8.2.7 The City's Representative will prepare Change Orders and may authorize minor changes in the Work upon approval from the City by Field Order as provided elsewhere herein. 8.2.8 The City's Representative shall, upon written request from the Contractor, conduct inspections to determine the date of Substantial Completion and the date of Final Completion, will receive and forward to the City for the City's review and records, 20 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax written warranties and related documents required by this Contract and will issue a final Certificate for Payment upon compliance with the requirements of this Contract. 8.2.9 The Contractor agrees, acknowledges, and warrants that it has no third party beneficiary rights, or other rights, arising out of any contract by and between the City, the City's Representative, and/or the City's Consultant Engineer and, in the event of any conflict between the terms and provisions of the contract by and between the City and the City's Representative, and/or the City's Consultant and this Contract, the terms of this Contract shall control with respect to the Contractor. 8.2.10 If the Contractor fails any inspection which requires a re -inspection by the City's Representative or any of its consultants, the Contractor shall bear the cost of such repeat inspection(s) which cost may be deducted by the City from any sums otherwise due the Contractor. 8.3 Claims by the Contractor 8.3.1 Except as prohibited in Paragraph 8.3.5.1 herein below, all Contractor claims shall be initiated by written notice and claim to the City and the City's Representative, as applicable. Such written notice and claim must be furnished within three (3) days after occurrence of the event, or the first appearance of the condition giving rise to the claim. 8.3.2 Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the City shall continue to make payments to the Contractor in accordance with this Contract. The resolution of any claim under this Paragraph 8.3 shall be reflected by a Change Order executed by the City, the City's Representative, and the Contractor. 8.3.3 Claims for Concealed and Unknown Conditions -- Should concealed and unknown conditions encountered in the performance of the Work (a) below the surface of the ground or (b) in an existing structure be at variance with the conditions indicated by this Contract, or should unknown conditions of an unusual nature differing materially from those ordinarily encountered in the area and generally recognized as inherent in Work of the character provided for in this Contract, be encountered, the Contract Price shall be equitably adjusted by Change Order upon the written notice and claim by either party made within three (3) days after the first observance of the condition. As a condition precedent to the City having any liability to the Contractor for concealed or unknown conditions, the Contractor must give the City and the City's Representative written notice of, and an opportunity to observe, the condition prior to disturbing it. The failure by the Contractor to make the written notice and claim as provided in this Subparagraph shall constitute a waiver by the Contractor of any claim arising out of or relating to such concealed or unknown condition. 8.3.4 Claims for Additional Costs — Except as prohibited in Paragraph 8.3.5 herein below, if the Contractor wishes to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefore, the Contractor shall give 21 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the City's Representative and the City written notice of such claim within three (3) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice must be given by the Contractor before proceeding to execute any additional or changed Work. The failure by the Contractor to give such notice and to give such notice prior to executing the Work shall constitute a waiver of any claim for additional compensation. 8.3.4.1 In connection with any claim by the Contractor against the City for compensation in excess of the Contract Price, any liability of the City for the Contractor's cost shall be strictly limited to direct costs incurred by the Contractor plus a reasonable mark-up of fifteen percent (151/o) for overhead and profit consistent with Paragraph 10.3.3.4 below. Direct costs do not include the Contractor's home office overhead, loss of efficiency, consequential damages of the Contractor, or equipment costs in excess of actual equipment rental paid by the Contractor to a third party. The City shall not be liable to the Contractor for claims of third parties, including Subcontractors, unless and until liability of the Contractor has been established therefore in a court of competent jurisdiction. 8.3.5 Claims for Additional Time—If the Contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the City or someone acting in the City's behalf, or by changes ordered in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipatable, fire or any causes beyond the Contractor's control, then the date for achieving Final Completion of the Work shall be extended upon the written notice and claim of the Contractor to the City and the City's Representative for such reasonable time as the City's Representative and the City may determine plus extended, documented general conditions expenses including, among other things, project management, supervision and project site overhead expenses. Claims for delay can only be submitted for consideration in the event they have a direct, documentable impact on the Critical Path of the project as evidenced on the (CPM) schedule. Concurrent delay events impacting the schedule will only be considered as a single impact and will be limited to a non -compensable time extension. Any notice and claim for an extension of time by the Contractor shall be made not more than three (3) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the Contractor's basis for requiring additional time in which to complete the Project. Said claim shall specifically include, among other things, an adjusted critical path (CPM) schedule reflecting precisely the delay and its claimed impact upon the Contractor's future performance. In the event the delay to the Contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the Contractor fails to make such claim as required in this Subparagraph, any claim for an extension of time shall be waived. 8.3.5.1 In no event, and under no circumstances, shall the Contract Price be increased for, nor shall the Contractor claim, recover, or receive payment for, any cost, expense, damages, or compensation of any kind by reason of any delay to the Project, whether critical or non-critical, and whether caused in whole or in part by the City other than as set forth in Paragraph 8.3.5 above. The Contractor shall not be entitled to any direct, indirect, consequential, impact, or other costs, expenses, or damages, including 22 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. It is further agreed that such direct costs do include the Contractor's home office overhead, loss of efficiency, consequential damages, or equipment costs in excess of actual equipment rental paid by the Contractor to a third party. The Contractor's sole and exclusive remedy for delay, hindrance, and disruption shall be an extension of the Contract Time provided a claim for same is made and is allowable pursuant to the provisions of Paragraph 8.3.5 hereinabove. 8.4 Field Orders 8.4.1 The City's Representative after first obtaining approval from the City, shall have authority to order minor changes in the Work not involving, a change in the Contract Price or in - Contract Time and not inconsistent with the intent of the Contract. Such changes shall be affected by Field Order and shall be binding upon the Contractor. The Contractor shall carry out such Field Orders promptly. ARTICLE IX SUBCONTRACTORS 9.1 Definition 9.1.1 A Subcontractor is an entity that has a direct contract with the Contractor to perform a portion of the Work. 9.2 Award of Subcontracts 9.2.1 Upon execution of the Contract, or as may be required by the Instructions to Bidders, the Contractor shall furnish the City, in writing, the names of persons or entities proposed by the Contractor to act as a Subcontractor on the Project. The City shall promptly reply to the Contractor, in writing, stating any objections the City may have to such proposed Subcontractor. The Contractor shall not enter into a Subcontract with a proposed Subcontractor with reference to whom the City has made timely objection. The Contractor shall not be required to Subcontract with any party to whom the Contractor has objection. 9.2.2 All subcontracts shall afford the Contractor rights against the Subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights afforded to the City by Subparagraph 12.2.1 below. ARTICLE X CHANGES IN THE WORK 10.1 Chanizes Permitted 23 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 10.1.1 Changes in the Work within the general scope of this Contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this Contract, by Change Order, Construction Change Directive or by Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of this Contract and the Contractor shall proceed promptly with such changes. 10.2 Change Order Defined 10.2.1 Change Order shall mean a written order to the Contractor executed by the City and the City's Representative issued after execution of this Contract, authorizing and directing a change in the Work or an adjustment in the Contract Price or the Contract Time, or any combination thereof. The Contract Price and/or the Contract Time may be changed only by Change Order. 10.3 Changes in the Contract Price 10.3.1. Any change in the Contract Price resulting from a Change Order shall be determined as follows: (a) by mutual agreement between the City and the Contractor as evidenced by (1) the change in the Contract Price being set forth in the Change Order, (2) such change in the Contract Price, together with any conditions or requirements related thereto, being initialed by both parties and (3) the Contractor's execution of the Change Order, or (b) if no mutual agreement occurs between the City and the Contractor, then, as provided in Subparagraph 10.3.2 below. 10.3.2 The Contractor shall be bound by the following conditions and procedures governing additional work under the Contract. 10.3.2.1 Any change order must be recommended by the City's representative and approved by the City before any steps are taken to implement the change order. 10.3.2.2 Should the Contractor commence work without making a claim in writing for unforeseen extra work encountered, it will be construed as an acceptance and agreement that such work is required under the Contract and no further claim for such extras will be considered or allowed by the City. 10.3.2.3 Changes in the Work directed by the City's Representative shall become part of the Contract only by written change order. 10.3.2.4 Information regarding changes in the Work for additional work, credits and adjustments under the Contract shall be promptly transmitted in writing by the Contractor to the City's Representative with full explanations and justifications for consideration in preparing a change order to the Contract. 10.3.2.5 Contractor shall allow twenty-one (21) calendar days for the City's Representative to review and respond to the City on Contractor submitted Requests for Change Order pricing and Contractor submitted pricing for City initiated proposal requests. 24 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax This review time is only for correctly submitting pricing. Submitted pricing found not to be in correct format, or containing pricing that relates to Work clearly not part of the change, or contains Sub- Contractor pricing not in the correct format, or contains Sub - Contractor pricing that relates to Work clearly not part of the change, will not be reviewed and returned to the Contractor for proper submission and as such, no Contractor claims for delay will be accepted as a result of extended response time due to improper pricing submission. 10.3.2.6 The City's Representative will review properly submitted Contractor pricing and compare submitted pricing with published pricing data contained in the Building Cost Data, Mechanical Cost Data and Electrical Cost Data, latest edition, as published by R.S. Means Company, Inc. Contractor submitted pricing found to be in excess of five (5%) percent above the stated published pricing will not be accepted and as such, no Contractor claims for delay will be accepted as a result of extended response time due to excessive pricing submittal by the Contractor. 10.3.3 The value of any change ordered under the Contract for extra work or any reductions in work required, shall be determined under one or more of the following procedures before a written change order is issued. 10.3.3.1 By Unit Price named in the contract or subsequently agreed upon by the City and the Contractor, which prices shall include Contractor's overhead and profit. 10.3.3.2 By Lump Sum Price agreed upon by the City and the Contractor, which price shall include overhead and profit. A breakdown of the estimated costs comprising the lump sum price may be required by the City's Representative for review. Percentage for overhead and profit shall be determined in accordance with the method listed described under Overhead and Profit below. 10.3.3.3 By a Cost -Plus Price on total actual costs, plus an added percentage, all determined as described under Overhead and Profit below. 10.3.3.4 Overhead and Profit (a) Subcontractor's overhead, including supervision and the furnishing, use and maintenance of small tools and ordinary equipment incidental to and required for the Work shall be just and fully compensated for by adding an amount equal to FIVE PERCENT (5%) of the sum of material and labor costs as defined under Subcontractor's profit below, but excluding documented equipment rental costs. (b) Subcontractor's profit may then be added to the above material costs and labor costs including the Overhead allowance at the rate of SEVEN PERCENT (7%) of the sum of those costs, excluding equipment rental costs. (c) Contractor's overhead, including general supervision and the furnishing, use and maintenance of small tools incidental to and required for the Work accomplished by its own direct labor shall be considered to be just and fully compensated for by adding an amount equal to FIFTEEN PERCENT (15%) of the sum of material and 25 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax labor costs as defined under Material costs and Labor costs below, but excluding equipment rental costs and bond allowance. (d) Contractor's overhead, including general supervision and the furnishing, use and maintenance of small tools and equipment incidental to and required for the Work accomplished by subcontractors shall be considered to be just and fully compensated for by adding an amount equal to FIFTEEN PERCENT (15%) of the sum of material and labor costs as defined under Material costs and Labor costs below, but excluding equipment rental costs and bond allowance. (e) Contractor's profit may then be added into the above material costs and labor costs, including the Overhead allowance at the rate of FIFTEEN PERCENT (15%) of the sum of those costs, excluding equipment rental costs. 10.3.3.5 Bond Allowance: For maintaining the Public Construction Bond at 100% of the Contract Price, a sum of TWO PERCENT (2%) of the total cost of the change (including material, labor, overhead and profit, and equipment rental) shall be allowed on all change orders. 10.3.3.6 Material costs actually recorded by the Contractor and the subcontractor as materials are delivered to the site and, as evidenced from originally receipted invoices, listing appropriate quantities and unit prices. Records in proper form shall be maintained and made available to the City's Representative and the City at all times. Material costs shall be at actual cost inclusive of conduit, couplers, elbows, glue, end caps, pull string / tape, and delivery charges based on the Consumer Pricing Index (CPI) effective April 1, 2023. The parties agree that a subsequent evaluation of material costs will be accomplished every sixty (60) days after the issuance of the Notice to Proceed to assess variances in market pricing for material. Should it become necessary or proper during the term of the Contract to adjust the Contract Price for variations in material costs based upon the CPI, the parties agree that an equitable adjustment to the material costs for either increases or decreases shall be accomplished by either a change in the Contract Price utilizing a Change Order, or by contingency expenditure. 10.3.3.7 Labor Costs represented by the actual wages paid to all laborers, apprentices, journeymen, and foremen involved in and necessary to completing the particular construction operations, for each day and every hour such labor teams and foremen are actually employed on the extra work required, including the net cost of insurance, social security and Worker's Compensation. Records in proper form shall be maintained and be made available to the Engineer/Architect and the City at all times. 10.3.3.8 Rentals for special equipment or machinery such as power driven roller, tractors, trucks, shovels, drills, mixers, pumps, hoists, etc. required for the economical performance of the work at reasonable rental prices agreed upon before work commences, shall be allowed to the Contractor and subcontractors by the City's Representative and the City for each and every hour such special equipment is in use on 26 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the particular work. To the sum of such equipment rentals, no additional percentage shall be added. 10.3.3.9 Owned Equipment for certain owned heavy or specialized equipment (defined as tools and equipment with an individual purchase cost of more than Ten Thousand Dollars ($10,000)) brought on to the job site specifically for change order work shall be valued at 75 percent of the monthly rental divided by 176 to arrive at a maximum hourly rate to be applied to the hours the equipment is used performing the change order work. Fuel and an operator necessary to utilize the equipment will be considered as a separate direct cost associated with the change order work. No recovery will be allowed for heavy or specialized equipment that is already on the jobsite and is necessary to complete work of the original contract. No recovery will be allowed for hand tools, power tools, minor equipment, work vehicles (including pickup trucks and cargo vans), simple scaffolds, etc. The longest period of time that the equipment is to be required for the work will be the basis for pricing. Downtime due to repairs, maintenance and weather delays will not be allowed. 10.4 Minor Changes 10.4.1 The City's Representative, after first obtaining express written approval from the City, shall have authority to order minor changes in the Work not involving a change in the Contract Price or an extension of the Contract Time and not inconsistent with the intent of this Contract. Such minor changes shall be made by written Field Order, and shall be binding upon the City and the Contractor. The Contractor shall promptly carry out such written Field Orders. 10.5 Effect of Executed Change Order 10.5.1 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the Work, this Contract as thus amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 10.6 Notice to Surety; Consent 10.6.1 As a condition precedent for the certification, approval or payment of any Application for Payment, or as a condition precedent for the approval or execution by the City of any Change Order, or as a condition precedent for any action required by the City under this Contract, the City may demand and the Contractor shall furnish, an appropriately executed Consent of Surety in such form as the City may specify. 10.7 Emergency Change Orders 10.7.1 In an emergency that presents immediate danger to person or property, the City's designated representative may order a change in the Work that shall be documented 27 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax within three (3) days from the inception of said emergency in accordance with the change order requirements of Article X of this Contract. 10.8 Construction Change Directive 10.8.1 If the City and the Contractor cannot agree on the cost of a change in the Work, the City may issue a written Construction Change Directive ordering a change in the Work prior to reaching agreement with the Contractor on the adjustment, if any, in the Contract Price and/or the Contract Time. 10.8.2 The City and the Contractor shall negotiate expeditiously and in good faith for appropriate adjustments, as applicable, to the Contract Price and/or the Contract Time arising out of a Construction Change Directive. Within 15 days of issuance of the Construction Change Directive, the City will issue a Change Order based upon the City's Representative's estimate for the cost of the Work and any additional agreed upon time extension in accordance with Article 10.3. When a resolution has been reached on the total cost of the Work and the cost of the Work is more or less than the City's Representative's estimate, a final adjusting Change Order will be issued for the difference in both cost and time as is applicable. ARTICLE XI UNCOVERING AND CORRECTING WORK 11.1 Uncovering Work 11.1.1 If any of the Work is covered contrary to the City's Representative's request or to any provisions of this Contract, it shall, if required by the City's Representative or the City, be uncovered for the City's Representative inspection and shall be properly replaced at the Contractor's expense without change in the Contract Time. 11.1.2 If any of the Work is covered in a manner not inconsistent with Subparagraph 11.1.1 above, it shall, if required by the City's Representative or the City, be uncovered for the inspection of the City's Representative or the City. If such Work conforms strictly with this Contract, costs of uncovering and proper replacement shall by Change Order be charged to the City. If such Work does not strictly conform with this Contract, the Contractor shall pay the costs of uncovering and proper replacement. 11.2 Correcting 11.2.1 The Contractor shall immediately proceed to correct Work rejected by the City's Representative or the City as defective or failing to conform to this Contract. The Contractor shall pay all costs and expenses associated with correcting such rejected Work, including any additional testing and inspections, and reimbursement to the City for the City's Representative services and expenses made necessary thereby. 11.2.2 If within one (1) year after Final Completion of the Work any of the Work is found to be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon receipt of written notice from the City. This obligation shall survive final payment by 28 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the City and termination of this Contract. With respect to Work completed after Final Completion, this one (1) year obligation to specifically correct defective and non -conforming Work shall be extended by the period of time which elapses between Final Completion and acceptance of the subject Work by the City and the City's Representative. Should any Work be deemed defective or not in accordance with the Contract, and the Contractor fails to correct it as provided by this paragraph 11.2.2, the City will consider the Contractor in default, which may affect the Contractor's eligibility for future contracts. 11.2'.3 Nothing contained in this Paragraph 11.2 shall establish any period of limitation with respect to other obligations which the Contractor has under this Contract. Establishment of the one-year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to specifically correct the Work. 11.3 The City May Accept Defective or Non -conforming Work 11.3.1 If the City chooses to accept defective or non -conforming Work, the City may do so. In such event, the Contract Price shall be reduced by the greater of. (a) the reasonable cost of removing and correcting the defective or non -conforming Work, and (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or non- conforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for its acceptance of defective or non -conforming Work, the Contractor shall, upon written demand from the City, pay the City such remaining compensation for accepting defective or non -conforming Work. ARTICLE XII CONTRACT TERMINATION 12.1 Termination by the Contractor 12.1.1 If the Work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the Contractor or any person or entity working directly or indirectly for the Contractor, the Contractor may, upon twenty (20) days' written notice to the City and the City's Representative terminate performance under this Contract and recover from the City payment for the actual reasonable expenditures of the Contractor (as limited in Subparagraph 10.3 above) for all Work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the Work, less any salvage value of any such items, and any out of pocket cancellation costs related to lower tier contractors and suppliers. 12.1.2 If the City shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period of thirty (30) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may terminate performance under this Contract by written notice to the City's Representative and the City. In such event, the Contractor shall be entitled to recover from the City as though the City had terminated the 29 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor's performance under this Contract for convenience pursuant to Subparagraph 12.2.1 hereunder. 12.2 Termination by the City 12.2.1 For Convenience 12.2.1.1 The City may for any reason whatsoever terminate performance under this Contract by the Contractor for convenience. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. 12.2.1.2 The Contractor shall incur no further obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under terminated orders or subcontracts to the City or its designee. 12.2.1.3 The Contractor shall transfer title and deliver to the City such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. 12.2.1.4 (a) The Contractor shall submit a termination claim to the City and the City's Representative specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City's Representative. If the Contractor fails to file a termination claim within one (1) year from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with sub- paragraph (c) below. (b) The City and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (c) Absent agreement to the amount due to the Contractor, the City shall pay the Contractor the following amounts: (i) Contract prices for labor, materials, equipment and other services accepted under this Contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for overhead in the amount of seven percent (7%) of the Contractor's direct costs, and a reasonable allowance for profit in the amount of ten percent (101/o) of the Contractor's direct costs (such profit shall not include anticipated profit or consequential damages); and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or 30 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subparagraph 12.2.1.2 of this Paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 For Cause 12.2.2.1 If the Contractor refuses or fails to prosecute the Work in a timely manner, supply enough properly skilled workers, administrative, managerial and supervisory personnel or proper equipment or materials, or if it fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a material provision of this Contract, then the City may by written notice to the Contractor, without prejudice to any other right or remedy, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. 12.2.2.2 If the costs of finishing Work exceed the unpaid balance of the Contract Price, the Contractor shall pay the difference to the City. This obligation for payment shall survive the termination of the Contract. 12.2.2.3 In the event the employment of the Contractor is terminated by the City for cause pursuant to Subparagraph 12.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Subparagraph 12.2.1 and the provisions of Subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE 13.1 Contractor agrees, at its sole expense, to maintain on a primary, non- contributory basis during the life of this Contract, or the performance of work under this Project, insurance coverages, limits, and endorsements as required herein. The Contractor agrees the insurance requirements herein as well as City's review or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Contract. Any coverage maintained by the City shall apply excess of, or contingent upon the absence of, other insurance required or maintained by Contractor. All insurance policies and bonds required by this Contract shall be issued by an insurance company, 31 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax acceptable to the City and authorized to do business in the State of Florida with an A.M., Best rating of B+ or better. 13.2 Comprehensive General Liability_. Contractor agrees to maintain General Liability at a limit of liability not less than $1,000,000 Each Occurrence $2,000,000 Annual Aggregate on a primary and non-contributory basis, including the City of Sunny Isles Beach as an Additional Insured. Coverage must be offered in a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: — Premises and Operation; — Independent Contractors; — Products and/or Completed Operations Hazard; — Broad Form Property Damage — Broad Form Contractual Coverage applicable to this Contract, including any hold harmless and/or Indemnification Agreement; — Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability; — $3,000,000 Umbrella/Excess Liability over and above and following the above mentioned General Liability & Business Automobile Liabilities. 13.3 Business Automobile Liability. Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 per Occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 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, Non -Owned & Hired automobiles. 13.4 Worker's Compensation & Employer's Liability. Contractor agrees to maintain Worker's Compensation & Employers Liability Insurance in accordance with Florida Statutes, including Employer's Liability of $1,000,000. 13.5 Waiver of Subrogation. Contractor agrees by entering into this written Contract to a Waiver of Subrogation in favor of the City, Contractor, Sub -Contractors, Architects, or Engineer for each required policy providing coverage during the life of this Contract. When required by the insurer, or should a policy condition not permit the Contractor to enter into a pre -loss Contract to waive subrogation without an endorsement, the Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or an equivalent endorsement. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition that specifically prohibits such an endorsement, or voids coverage should the Contractor enter into such Contract on a pre - loss basis. 32 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 13.6 Right to Revise or Reject. Contractor agrees the City reserves the right, but not the obligation, to review or revise any insurance requirement, not limited to limits, coverages and endorsements based on insurance market conditions affecting the availability or affordability of coverage; or changes in the scope of work specifications affecting the applicability of coverage. Additionally, the City reserves the right, but not the obligation, to review and reject any insurance policies failing to meet the criteria stated herein, or any insurer(s) providing coverage due of its poor financial condition or failure to operating legally in the State of Florida. In such events, City shall provide Contractor written notice of such revisions or rejections. 13.7 Certificate of Insurance. Contractor agrees to provide City a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when a manuscript notice endorsement is available by Contractor's insurer. If the Contractor receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City by fax or email within five (5) business days with a copy of the non -renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder(s) address shall read: Original to: City of Sunny Isles Beach Risk Management Division Attn: Risk Manager 18070 Collins Avenue Sunny Isles Beach, FL 33160 YLondonogsibfl.net 13.8 Other Terms. City shall have the right, but not the obligation, of prohibiting Contractor from entering the Project site until a new Certificate of Insurance is provided to the City evidencing the replacement coverage. The Contractor agrees the City reserves the right to withhold payment to Contractor until evidence of reinstated or replacement coverage is provided to the City. If the Contractor fails to maintain the insurance as set forth herein, the Contractor agrees the City shall have the right, but not the obligation, to purchase replacement insurance, which the Contractor agrees to reimburse any premiums or expenses incurred by the City. ARTICLE XIV MISCELLANEOUS 14.1 Governing Law/Jurisdiction/Venue 14.1.1 The Contract shall be governed by the laws of the State of Florida. Except as set forth in Article 7, should the parties be involved in legal action arising under, or connected to, this Contract, each party will be responsible for its own attorneys' fees and costs. The venue for any litigation will be Miami -Dade County, Florida. 33 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 14.2 Successors and Assigns 14.2.1 The City and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without written consent of the City. As a condition to any assignment, the assignee shall agree in writing to comply with and be bound by all of the terms, covenants, conditions, provisions and agreements in this Contract. 14.3 Public Construction Bond 14.3.1 The Contractor shall furnish a Public Construction Bond to the City in an amount not less than one hundred percent (100%) of the Contract Price. The bond furnished by the Contractor shall incorporate by reference the terms of the Contract as fully as though they were set forth verbatim in such bonds. In the event the Price is adjusted by Change Order executed by the Contractor, the penal sum of the bond shall be deemed increased by like amount. The bond furnished by the Contractor shall be in form required by the City and in conformity with Section 255.05, Florida Statutes, shall be recorded in the Public Records of Miami -Dade County before construction commences, and shall be executed by a surety, or sureties, reasonably suitable to the City. 14.4 Non -Discrimination 14.4.1 The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, national origin, sex, gender identity, sexual orientation, age, disability/handicap, religion, family or income status. 14.5 Discriminatory Vendor List 14.5.1 Pursuant to Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. By execution of this Contract, Contractor represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. 14.6 Public Entity Crimes - 14.6.1 Pursuant to Section 287.133, Florida Statutes, 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or 34 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. By execution of this Contract, Contractor represents that it has not been placed on the convicted vendor list as provided in Section 287.133, Florida Statutes. 14.7 Scrutinized Company 14.7.1 Pursuant to Section 287.135, Florida Statutes, Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. 14.7.2 Pursuant to Section 287.135, in the event the Contract is for one million dollars or more, Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes; and Contractor further certifies that it is not engaged in business operations in Cuba or Syria. 14.7.3 Pursuant to Section 287.135, Florida Statutes, City may at the option of the City Commission, terminate this Contract if Contractor is found to have submitted a false certification as provided under subsection 287.135(5), Florida Statutes; has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel; has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or has been engaged in business operations in Cuba or Syria. 14.8 Notice 14.8.1 In order for a notice to a party to be effective under this Contract, notice must be sent via U.S. certified mail, overnight delivery, or hand delivery to the addresses listed below and shall be effective upon mailing if sent by certified mail or overnight delivery and effective upon receipt if hand delivered. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with the provisions of this Section. If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles 18070 Collins Avenue Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida Fourth Floor 33160 Sunny Isles Beach, Tel: (305) 792-1776 Florida 33160 Tel: 305 792-1766 If to the Danny Sleiman Contractor: Sleiman Construction, LLC 35 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ARTICLE XV WAIVER OF JURY TRIAL 15.1 City and Contractor hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract, arising out of, under, or in connection with the construction of the Work, or any course of conduct, course of dealing, statements (whether verbal or written) or the actions or inactions of any party. ARTICLE XVI ARBITRATION 16.1 Any dispute, controversy or claim arising out of or relating in any way to the Contract, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Contract, shall be exclusively resolved by binding arbitration upon a Party's submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the Contract, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. 16.2 This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. 16.3 The arbitration shall be conducted by one (1) arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty (20) days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association ("AAA") in accordance with the terms of this Article XV. 36 2801 NW 74th Avenue Suite 214 Miami, FL 33122 dannyksleimane.com 786-332-0137 If to the Richard Labinsky, PE City's City Engineer Representative: 18070 Collins Avenue Sunny Isles Beach, Florida 33160 305-792-1817 rlabinskyksibfl.net ARTICLE XV WAIVER OF JURY TRIAL 15.1 City and Contractor hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract, arising out of, under, or in connection with the construction of the Work, or any course of conduct, course of dealing, statements (whether verbal or written) or the actions or inactions of any party. ARTICLE XVI ARBITRATION 16.1 Any dispute, controversy or claim arising out of or relating in any way to the Contract, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Contract, shall be exclusively resolved by binding arbitration upon a Party's submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the Contract, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. 16.2 This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. 16.3 The arbitration shall be conducted by one (1) arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty (20) days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association ("AAA") in accordance with the terms of this Article XV. 36 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 16.4 The arbitrator shall have ten (10) years of experience in construction disputes and also shall have served as an arbitrator at least three (3) times prior to their service as an arbitrator in this arbitration. 16.5 The arbitration shall be conducted in accordance with the Commercial Rules of the AAA. 16.6 The arbitration shall be conducted in Miami -Dade County, Florida. 16.7 The laws of the State of Florida shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. 16.8 It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty (120) days from the date the arbitrator is appointed. The arbitrator may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award. 16.9 The Parties shall be entitled to discovery in the arbitration. Any Party shall be entitled to depose any expert who will testify in the arbitration proceeding but shall pay the regular hourly rate of such expert during such deposition. In addition to the foregoing, any Party shall be entitled to take the deposition of a witness who will testify at the arbitration but who is unavailable to testify at the hearing to preserve such witness' testimony for the arbitration hearing. 16.10 The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness ten (10) days before the arbitration hearing. 16.11 The arbitrator shall not be entitled to issue injunctive and other equitable relief. 16.12 The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys' fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator's award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Article shall survive the termination or cancellation of this Contract. 16.13 Each party shall pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of AAA. The arbitrator shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion ARTICLE XVII E -VERIFY 17.1 Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not 37 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E - Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment `B". IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. Elias Sleiman Print Name A , City Clerk SLEIMAN CONSTRUCTION, LLC By: Danny man - President CITY OFNY I LES BEACH By: Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ' lain E. Boileau, City Attorney 38 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT "A" Invitation to Bid The Bid Plans Addenda Contractor's Response to the Invitation to Bid 39 TIN, later. or Note: if the account is tri more than, one name; see the instructions for line 1, Also see What Name and Employer ideritificatian number Nun bar lb, Give the Requester for guidelines on whose number to enter: e 2 Q 7' 8 e: e 1 9 Under penalties of perjury, I certify that. 1: The number shown on this form is my correct taxpayer Identification number (or i am wafting for a number to be issued to me) ;.and 2. 1 am notsubject to, backup withholding because: (a) I ant exempt from backup withholding,. or (b) I have not been notlflpd by the Internal' Revenue 'Service. (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding; and 3. [am a U.S. citizen or other U.S, person (defined below); .and 4. The FATCA code(s) entered on this form (If any) ind)cating that I am exempt from 'FATCA°re+portng is correct. Certification instructions. You must cross out tem 2 above- If you have been notified by the IRS that you are -currently sub act to backup Withholding because you have failed to report all interest acid dividends on your tax return, For real estate transactions; item riot does not apply. For mortgage in paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must,provide your correct TIN. See the Instructions for Part Il, later. sign Signature of Were tf.S..persan tr: pate ► 02/01/2023! General Section references, are to the Internal Revenue Code unless otherwise rioted. Future developments, For -the latest'information about developments related to Form W-9 and'its instructions, such as legislation enacted after they were publlshsid; go to wwWJrs.gov1FormW9. Purpose of Farm An Individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain .your correct taxpayer ldentifidation number (TIN) which may be your'social security number (SSN), individual taxpayer identification number(ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an,inforrriation return the amount paid tc you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following. • Form 1099 -INT (interest. earned or paid) Form 1690•DIV (dividends, including those from stocks or mutual funds) * Form 1009=MISC (various types of income; prl2eS, awards, or gross proceeds) + Form 1099-B (stock or mutual fund sales and certain, other transactions by brokers) + Form 1099-5 (proceeds from real estate trahsactions) Form 1 099'-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098=E (student loan interest), 1098-T'(tuition) • Form 1099-0 (canceled debt) • Form i099 -A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U:S. person, (inicluding a resident alien),. to provide your correct TIN. 1f you do not return Form W-9 to the requester with a.7fN, you might tie; subject to backup withholding: See What isr backup withholding, later. Cat No. 10231X Form W-9(tRev.10-201Bf Request for Taxpayer Give Form to the Form Rov. October 20119) Identification Number and Certification requester, oa not Department of the Treasury send to the IRS. Interval Revenue Service 0- 04 to WWW,irs.gov1ForMW9 for instructions and the latest. information. 1 Name (as shown on your income tax return): Name, is requlredl on this line; do not leave this tina blank. SLEIMAN CONSTRUCTION, LLC 2 Business name(disregarded entity nand, if diffgrentfrom above 03 Check approphatebox for federal W classification of the person whose name is entered on ilne It Check only one of the 4 Examptions.(codes applyonlyto 01 following seven boxes, certain entitle% not: individuals*, see a o. ❑ Individual/soleproprietor or ❑ 0Corporation ❑ 5Corporation ❑ Partne(sh!p ❑ TrusVestate instrdctions on page 3): aito singie member LLO Exempt payee rode ((f any) `p Q Limited liability company. Enter the tax classification ;C=C corporation, S=S corporatton, P=Partnership) f 'iNote: Check the appropriate.boxinthe line above for the tax: classification of the single=member owner. ❑o notcheck Exemption from FATdA reporting y = LLC if the LLG is classified as a single -member LLC that)s disregarded From the owner unless the owner of the LLC. is disregarded code (if any) n another LLC that is not from the owner f�rU.S, federal tax purposes. Otherwise, a. single -member LLC that 10 E is:dlsregarded froth the owner should shook the appropriate box for the tax classifloation of Its own El Other (Pee, nstructions) b- fAnAn to auvupism.0tafaedoutcrda tha U.&] to rr Addroad number, i trout, and a t ,or suiteno; Seo. instructions., (� R �' )� Rai uostor't, name and addreot; lo. tronal' �! p ) 2801 NW 741h Ave., Suite 213 rn 6 City, state, and 21P code Mlarrii FL 33122 7 List account nurnbor(s) here (optional) -Taxpayer Identification Number (TIN) Enter yourTIN in the appropriate box. The TIN provided must match the name given on line I to avoid $octal security number ,m `.�. backup withholding: For mdiviclUais, this is generally your social security number (SSN), However, fob a resident alien, sole proprietor, or disregardedentity, see the instructions for Part I, later. For other entitles, it is your employer identification number (EIN). If.you do not have a number; see Now to get a TIN, later. or Note: if the account is tri more than, one name; see the instructions for line 1, Also see What Name and Employer ideritificatian number Nun bar lb, Give the Requester for guidelines on whose number to enter: e 2 Q 7' 8 e: e 1 9 Under penalties of perjury, I certify that. 1: The number shown on this form is my correct taxpayer Identification number (or i am wafting for a number to be issued to me) ;.and 2. 1 am notsubject to, backup withholding because: (a) I ant exempt from backup withholding,. or (b) I have not been notlflpd by the Internal' Revenue 'Service. (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding; and 3. [am a U.S. citizen or other U.S, person (defined below); .and 4. The FATCA code(s) entered on this form (If any) ind)cating that I am exempt from 'FATCA°re+portng is correct. Certification instructions. You must cross out tem 2 above- If you have been notified by the IRS that you are -currently sub act to backup Withholding because you have failed to report all interest acid dividends on your tax return, For real estate transactions; item riot does not apply. For mortgage in paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must,provide your correct TIN. See the Instructions for Part Il, later. sign Signature of Were tf.S..persan tr: pate ► 02/01/2023! General Section references, are to the Internal Revenue Code unless otherwise rioted. Future developments, For -the latest'information about developments related to Form W-9 and'its instructions, such as legislation enacted after they were publlshsid; go to wwWJrs.gov1FormW9. Purpose of Farm An Individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain .your correct taxpayer ldentifidation number (TIN) which may be your'social security number (SSN), individual taxpayer identification number(ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an,inforrriation return the amount paid tc you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following. • Form 1099 -INT (interest. earned or paid) Form 1690•DIV (dividends, including those from stocks or mutual funds) * Form 1009=MISC (various types of income; prl2eS, awards, or gross proceeds) + Form 1099-B (stock or mutual fund sales and certain, other transactions by brokers) + Form 1099-5 (proceeds from real estate trahsactions) Form 1 099'-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098=E (student loan interest), 1098-T'(tuition) • Form 1099-0 (canceled debt) • Form i099 -A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U:S. person, (inicluding a resident alien),. to provide your correct TIN. 1f you do not return Form W-9 to the requester with a.7fN, you might tie; subject to backup withholding: See What isr backup withholding, later. Cat No. 10231X Form W-9(tRev.10-201Bf Foi L Q� ui CU 0 0 0 v 0 c 0 w ui J Z 4i O 45 U1 W� ~ E a �V) Lu Lu J 0 o P z z 0 O. Q to Y V1 Lf Q 0LL.�4� W J dg(`���j�ti led LL 0 J�/�] V♦ 7 a )y 11 1 M Y� {f LU .C� z aW 7 �s MY-1 4-1 y�. E o c o aU Zn � M Do a U J >, � v E N 'J .. LU Q 0 4 -J L o u 0 ZZ W W V W LU O LU a 3 F— DC V F_ 0 a a. W Q ui J 101. 4i C U1 E m U O. 0 4-1 O N E o c o aU Zn � M Do a U J >, � v E N 'J .. LU Q 0 4 -J L o u 0 O 0 Z O a� V L fJ 0 tC o 3 O. X W •� ' 0 Q in C U L Ln H 101. 4/5/23.5:28 PM Detail by Entity Namc i ;p„nnr,v nr ea:,t.; I rn.,,I ”, nl ro n>2[aL,'8!L I "', -"o rE,y;l:{,Iyr e,rtav h,..n> / Detail by Entity Name Flarda Limited Liability Company SLEIMAN CONSTRUCTION, LLC f&g Information Document Number L17000050967 FEIIEIN Number 82-0786619 Date Filed 0 310 612 01 7 Effective Date 03/1312017 Slate FL Status ACTIVE Last Event LCAMENDMENTAND NAME CHANGE Event Date Filed 11116/2020 Event Effective Date NONE edti&inal Address 2801 NW 741h Ave Suite 214 Miami, FL 33122 Changed: 0210312023 Walling Address 2801 NW 74th Ave Suits 214 Miami, FL33122 Changad:02/03/2023 &gWered gens Name 8 Address SLEIMAN JOSEPH. DANNY C 2801 NW 74th Ave Suits 214 Miami, FL 33122 Address Changed: 02/0312023 Authorized Person(s) Detail Name & Address Title President SLEIMAN JOSEPH, DANNY C 2801 NW 74th Ave Suite 214 I Miami, FL 33122 Annual Report Report Year Filed Date 2021 0111512021 2022 02/17/2022 2023 02103/2023 ,Q9SUlA0.rltilAL79G3 noel _r,n,luAl uEl,nkt ..,,'a''m,lnp,f vqr i..ml n:n7anat-6rnlyAt nFTr1P1 aFDF Ic.o,tl I, I: Is+.n)t . AFi Il1,412FRr!1i1 :tir,Y Il:,lle n,RD: IC-na1 11lIlfP.l;:il-tf:.tn„•,ulltn„il toil r-1, :1, n„L V POF kmrl ,L,1 n=r,_ nFFIF lc.m,l nhrl l'At RPH-1 V%en mage nROF km NI Inti/?I?ftlN- Ar•AJA,I RFP!'.PT '(I,,:1 mif t1 FDF IGtltal ,1'll:fi/:'11111-'+r:rll lr\L of PIN! „FGf f,;I incl „11 „f,IIICy FDF f-1all hti ps:11.warch,tittnbiz.or-,if IryulrylCalporationSearchlScarehResul tDcl ail'?inyuiryty pc=EntityName&directionTy pc=fnitial&searcllNameOrder=SLEfiNTANCONSTRU... I/ I ACOR©®DATE CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YYYY) 12/6/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Guided Insurance Solutions, LLC 4904 Eisenhower Blvd Ste 350 Tampa FL 33634 CONTACT Certificate Department PHONE FAX N : 855-447-2873 A/c No : ADDRESS: Certificates uidedsolutions.com INSURERS AFFORDING COVERAGE NAIC# Y INSURER A: Western World Insurance 13196 NPP8712165 INSURED SLEICON-01 Sleiman Construction LLC INSURER e : Evanston Insurance Company 35378 EACH OCCURRENCE $_1_,00.0,000 7878 SW 106th Circle INSURER C: INSURER D: Miami FL 33173 INSURER E: INSURER F: DAMAGE TO RENTED PREMISES E. occurrence $100,000 COVERAGES CERTIFICATE NUMBER: 869926501 REVISION NUMRER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL D SUER WVD POLICYNUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y NPP8712165 5/5/2022 5/5/2023 EACH OCCURRENCE $_1_,00.0,000 CLAIMS -MADE ®OCCUR DAMAGE TO RENTED PREMISES E. occurrence $100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ] JE� � LOC PRODUCTS - COMPlGP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY NPP8712165 5/5/2022 5/5/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON•OWNED AUTOS ONLY AUTOS ONLY PROPERacciTYDAMAGE $ de Per nt $ B UMBRELLA LIAB X OCCUR EZXS30G8710 1215/2022 12/5/2023 EACH OCCURRENCE $ 3,000,000 X EXCESS LIAR ri CLAIMS•MADE AGGREGATE $ 31000,000 DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ ANYPROPRIETORfPARTNERIEXECUTIVEE-1 OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE. EA EMPLOYEE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE . POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more Space Is required) Project Name: Renovations to the William 'Bill' Lone Restroom Facility" Project Number: ITB 22-09-02 Certificate Holder Is included as Additional Insured with respect to General Liability if required by written contract and subject t0 terms, conditions and exclusions of the policy. A Waiver of Subrogation in favor of the Certificate Holder applies to General Liability if required by written contract, and subject to terms, conditions, and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN THE CITY OF SUNNY ISLES BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 18070 Collins Ave, AUTHORIZED REPRESENTATIVE V 3rd Floor Sunny Isles Beach FL 33160 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD April 3, 2023 NIELSON, HOOVER .& COMPANY R.E. SLEIMAN CONSTRUCTION, LLC To Whore It May Concern: AACRISURE' A06f4Y PARPNVR This is to advise you that our office provides Bid, Performance, and Payment Bonds for Sleiman Construction, LLC. Their Surety is United States Fire Insurance Company, which carries an A.M. Best Rating of A XV and is listed in the Department of the Treasury's Federal Register. Based upon normal and standard underwriting criteria at the time of the request, we should be in a position to provide Performance and Payment Bonds in the amount of $1,500,000 for single size. projects and $3,000,000 total aggregate. We obviously reserve the right to review the final contractual documents, bond forms and obtain satisfactory evidence of funding prior to final commitment to issue bonds. Sleiman Construction, LLC is an excellent contractor and we hold them in high regard. We feel extremely confident in thein and encourage you to offer them an opportunity to execute any upcoming projects. This letter is not an assumption of liability, nor is it a bid or performance and payment bond. 1t is issued only as a bonding reference requested by our respected dielnt, Sincerely, NIELSO-41, HOOVER & ASSOCIATES Shawna �f Resident Agent 1500 NW igth Court $cite 200 Miami Lakes, FL 33016 P' 305,722.2663 F. 305.558.9650 W_ me18onhoo 1S.:0m C'k SLEIMAN1111111114 n-�1'10N 2. Qualifications Florida Certified General Contractor CGC1529138 Sleiman Construction, LLC, founded in 2017 is an emerging Commercial General Contractor Company located in South Florida. Our mission is to deliver construction services with Quality, Integrity, and Professionalism, while giving our team the opportunity to grow, and providing the customer with personal attention and solid confidence the project will meet their needs. Our focus consists of working as Prime Contractors, as well as Trade Partners for specific trades such as Interior Demolition, Concrete Repairs, Framing, Drywall, Stucco, and other miscellaneous installations. We also provide consulting services such as project management services for other contractors. Danny Sleiman is the owner and founder of Sleiman Construction. His passion for construction and businesses made him pursue the required qualifications to operate his own construction business. His personal experience working as a Project Manager for other Prime Contractors includes a multi=million dollar ground up construction for a new 17,000 sf Emergency Department, as well as multiple healthcare renovations such as CT Scan and MRI suites, OR rooms, Outpatient Rehab Centers, and medical administrative offices. Aside from healthcare, Danny worked projects with Public Institutions and Agencies, where he was part of the initial construction design along with architects, performed bid management, and negotiated contracts with the Owner and subcontractors. He holds a degree in Civil Engineering, with a master's in business administration (MBA). He has obtained the Certified General Contractor License, accomplished the ASHE workshops for Infection Control and Healthcare Construction, and owns the PMP Certification. Provide a brief introduction letter highlighting the overall experience and qualifications of the Respondent with respect to the services requested under this Solicitation. Project list demonstrating this minimum experience and shall include, at a minimum: the project, date of completion, base contract amount, number and amount of change orders, if any, the name, address, and phone number of the owner or owner's representative familiar with the work. Specifically list any projects, either complete or underway, that are in Miami -Dade, Broward or Palm Beach, Florida Counties. 2801 NW 74th Ave, Suite 214, Miami, FL 33122 (786) 803-8575 w�rv�.slPrirrta��c,curF7 C�k SLEIMAN 44 1}F)N!:,TRHIT111f l Florida Certified General Contractor CGC1529138 Project Name: Pine Island Park POD #3 Restroom Renovation Project Address: 3801 S Pine Island Rd, Davie, FL 33328 Date of Completion: February 2022 Base Contract Amount: $62,793.43 Number and Amount of Change Orders: 2 Change orders for a total deduction of ($969.00) Contact name: Gerardo Diaz Contact Address: 6901 Orange Drive, Davie, FL 33314 Contact Phone Number: 954-797-1085 / 954-355-8814 Project Description: Complete demolition and renovation of group restrooms for men and women. Project Name: Haber Residence Project Address: 5171 SW 5th Terrace, Coral Gables, FL 33134 Date of Completion: March 2023 Base Contract Amount: $205,500:00 Number and Amount of Change Orders: None Contact name: lose Haber Contact Address: 5171 SW 51h Terrace, Coral Gables, FL 33134 Contact Phone Number: 305-796-9320 Project Description: Interior renovation of restrooms, new roof the replacement, trusses and roof sheathing evaluations and repairs, demolition and renewal of driveway, fence repairs, new landscaping for back and front yards, exterior finish repairs, new exterior painting. Project Name: De La Vega Residence, Project Address: 9901 SW 129th St, Miami FL 33176 Date of Completion: February 2023 Base Contract Amount: $42,590.00 Number and Amount of Change Orders: None Contact name: Aleli De La Vega Contact Address: 9901 SW 129th St, Miami FL 33176 Contact Phone Number: (305) 989-5670 Project Description: Interior house renovation including new structural concrete for impact doors and windows, entire framing and drywall including finish, 2801 NW 74th Ave, Suite 214, Miami, FL 33122 (786)803-8575 4if1,VV�.Sifl�Cili�ilG,t;c�tFi t'�% SLEIMAN 44 HN. TRUCTIIIN Florida Certified General Contractor CGC1529138 Project Name: Miami Dade College Building G HVAC Upgrade Project Address: 500 College Terrace, Homestead, FL 33030 Date of Completion: September 2022 Base Contract Amount: $490,263.47 Number and Amount of Change Orders: 8 Change orders for a total addition of $ $59,049.40 Contact name: Ajeeth Adavalli Contact Address: 1011 Sunnybrook Rd Ste 905, Miami FL 33136 Contact Phone Number: (405) 780-5730 Project Description: Upgrade entire HVAC of building G including new AHU, VAVs, ductwork, and fume hoods. Sleiman Construction only performed the trades from division 2 to division 9. Project Name: Baptist Health Emergency Care I Coral Way West Date of Completion: 14591 SW 26th St, Miami, FL 33175 Base Contract Amount: $16,057,599.33 Number and Amount of 10 change orders for a total deduction of ($2,144,399.57) due to Owner Change Orders: Direct Purchases Contact name: Chris Paredes Contact Address: 9100 S Dadeland Blvd #600, Kendall, FL 33156 Contact Phone Number: (239) 253-3966 Project Description: The Emergency Center, which consist of 35,760 SF (Building Square Footage), is built with cast in place slabs, columns and beams, fully grouted CMU walls, precast joist, and stairs, and one steel structure canopy for drop- off at the south side, and one steel structure canopy for ambulance at the north side. There are two additional structures for the dumpster enclosure and the generator enclosure, both with separate permits from the county. The exterior finish of the building consists of stucco, aluminum metal cladding, architectural precast panels, and curtain walls around the perimeter. There are two additional structures made of CMU and concrete for the dumpster and the generator enclosure, both with separate permits from the county. The building permit, along with the dumpster and generator enclosures have been approved and pulled. The site consists of a paved parking lot, with architectural landscape and sidewalks. The property will have two entrances: one from the west side on SW 145th .Ave, and the other one on the south side in SW 26th St. 2801 NW 74th Ave, Suite 214, Miami, FL 33122 (786) 803-8575 avwvvr.slsirt�at»,co��i April 5th, 2023 City of Sunny Isles Beach Reference Letter for Sleiman Construction I contracted Sleiman Construction LLC to perform the interior and exterior renovation of my house located in 5171 SW 5th Terrace, Coral Gables, FL 33134. The renovation consisted of Interior renovation of restrooms, new roof the replacement, trusses and roof sheathing evaluations and repairs, demolition and renewal of driveway, fence repairs, new landscaping for back and front yards, exterior finish repairs, new exterior painting. The total amount of the project was $205,500. As a contractor myself, I believe Mr. Sleiman has a great attention to details and great management skills. All the trades were coordinated timely, and all the laborers and subcontractors selected for the job were respectful and kind. I have no doubt Sleiman Construction will perform and exceed expectations on any project they take. Reg ds, U°V, Jose Hab r (305) 796-320 haberandplumbing@belIsouth.net -a w co oN N cn ¢ 2 v °p a `o rn 69 ei V ai M 0 c O N y 0 CL E 4+ m 41 Q U O •ri u' a� C r � C � 10 F- 8 U c 0 (13 a O E ' = a O` C m c N O m> a c „MM_. � C ° 0 m in E o a U n p_ t o ro o a .0 o a v _ E S Q, v C 3O E 'as m a p C F- t0 C d U O U *NX. O + w v � O EN a c E m v m z ai � 'g • Z ¢ t E o i O O d Q u U_ mE w U O u p 2 Z vOj -a V N y 4+ m a� E a ' = a a c „MM_. E M E �O t U *NX. EN a E cOi a 'a 0 w CL Ln Ln in Ln ifl in d �t to d .Q 00 t0 V r 41 Q cu 40- a m c 41 u C C qo a N� p o c m w u 0 a. � '° o Ul d 0 rL 4 - CL m C O c O O � CL 0- a N u irl M �• m v vi v c 3 m -0 cu c 3 � ° t L C to ami ut i a � a O 4- u uQ m G v� aO a m O 41a v N Q `0 aqui u a c ifu O fl' 0 +, N O o u ui m N t I0 @ C O u C O u 41 CU ++. .Y U C N m d E 0 O C C O m Mto �' Cq 0 N Q N C v N viE ❑ N .Y An u m3 0 46 0 041 Q E� cx E O 0� `+- m .yQJ r a N O 0 �^ v '0 L = O E K7 t c m °' W euo e u L v O u c.0 o.1 a o u — 0 o c 3 a*' O v + > o c. En m m -C 7, 'O w C m u t ++ N C _ N Ln c: O u E_,N + [t O 0 m N Y ao >> m N 3 0 � ._ u m aj 'D c a L 41 N c e fC N 4-N c �° G O o 3 a N C a, _ c _ 'O 0 L7 v° CU d n y 8 d '6 k O E O E, .0 o d i a Q 'o fU a !� o 'o Y C 'm u N u '[s CL ro w Y� u a U, a n0 p w .� LEGO =61111110116... CONSTRUCTION CO. Building the Faure cvith integrity and Quality" October 13, 2022 REFERENCE LETTER HUBZone - SBA U.S. Small Business Administration DBE (Disadvantage Business Enterprise) Florida State Certified General Contractor Florida State Certified Roofing Contractor RE: PROJECT NO.: HDM19001 PROJECT NAME: Miami Dade College Homestead Campus Building G HVAC Upgrades To Whom It May Concent: Sleiman Construction LLC has been working with LEGO Construction Co as a consultant, and as a contractor since 2021, for which they recently completed the Miami Dade College Homestead Campus Building G HVAC Upgrades. The total contract amount including all field changes for this project is $542,312.87. The project scope of work included the following: demolition, concrete, masonry, structural metal, new metal doors, framing, drywall, stucco, painting, acoustical ceiling, floor protection, equipment and furniture protection, daily cleaning, and final cleaning. The work involved working in multiple phases, since the scope required HVAC upgrades for entire Building G which comprises of 18 classrooms, 6 laboratories, 3 mechanical rooms, and roof mounted equipment. Currently, Sleiman Construction is working as a consultant for a project with the School District of Palm Beach County, for a total project amount of $6,232,205.73, for which they are providing the services of Assistant Project Manager. We recommend Sleiman Construction as a reliable company capable of perfonning projects as a prime contractor. If you have any questions, please do not hesitate to contact rne. Sincerely, .PJ Ajeeth Adavalli, Project Manager LEGO Construction Co, 101.1 Sunnybrook Rd., Suite 905 Miami, FL 33136 — Tel: 305.381.8421 — Fax: 305.857.9916 WWW.LEG000.COM GROUP October 14, 2022 SUBJECT: Reference Letter for Danny Sleiman To Whom I: May Concern: I am writing to recommend Danny Sleiman. He worked with us at NV2A Group, LLC as a Project Manager for 18 months, and reported to me in my position as Project Executive. As an employee, Mr. Sleiman was always reliable on his work, showing great teamwork skills, ample construction knowledge, great problem -solving skills, organized document control, and keepingthe project on budget and on schedule. During his time in my team, he managed to complete the construction of a ground up building for a new Healthcare Emergency Center, with a total budget close to $14 million completed in 2020. I've always put a premium nn his skills as a primp rnntrartnr among my team memhers and Mr. Sleiman never failed to deliver.. . Ms. Sleiman is a delight to work with and I wouldn't hesitate to hire again. He has started his own company, and I know the quality of his work and performance will be the same or better than his contribution to NV2A Group. Should you have any further questions about Mr. Sleiman, feel free to reach me at (239) 253-3966. Respectfully, Chris Paredes Project Executive NV2A Group, LLC cparedes(@nv2aF,roup.com April 5th, 2023 To May it Whom Concern, I am writing to highly recommend Sleiman Construction for any construction project that requires structural upgrades, framing, drywall, or other similar services. I had the pleasure of working with Sleiman Construction on a recent project at my home. They were responsible for the an extensive amount to work that was performed. Sleiman Construction was responsible for the structural upgrades necessary for the installation of a new impact window configuration along with a new 18'-0" sliding glass impact rated door. They performed structural work on foundations, columns, and beams to form the new openings. The work included beautifully updated, structurally sound openings, and an open concept floor plan that completely transformed the home. This work was completed with the utmost professionalism and attention to detail. Additionally, Sleiman Construction was responsible for the framing and drywall for the new wall partitions and ceilings. They completed this work efficiently and with a high level of quality. The new walls and ceilings lookfantastic, and we have received numerous compliments from visitors. Throughout the project, Sleiman Construction demonstrated excellent communication skills, keeping us informed of progress and any potential issues that arose. They were always on time, on budget, and went above and beyond to ensure that we were satisfied with their work. Overall, I cannot recommend Sleiman Construction highly enough. Their work is top-notch, and they are a pleasure to work with. I would not hesitate to work with them again on future projects. Sincerely, Aleli de la Vega. (305) 989-5670 aleli.dly@gmail.com 0#4IMA Florida Certified General Contractor SLE N CGC1529138 1.nN;:;TRUC,TIII N 3. Staffing Relevant experlence and quallflcations of key personnel, including key personnel of subcontractors, that will be assigned to this project and experience and qualifications of subcontractors: The staff from Sleiman Construction that will be dedicated to this project will be as follows: • Danny Sleiman — Project Executive. a Experience: Civil engineering degree, MBA, General Contractor License, PMP Certification, Multimillion Dollar project experience in healthcare, experience with public agencies. o Responsibilities: Coordinate subcontractors' contracts, review budget and schedule, supervise site for quality control, direct relationship with the Owner. • Elias Sleiman J — Project Manager / Project Administrator o Experience: Accounting professional degree, MBA accounting concentration, Financial Management Diploma, experience with renovation projects involving demolition, concrete, drywall, stucco and painting. o Responsibilities: Organize expenses, process payment applications, provide monthly reports per project, coordinate material purchasing, submit RFIs and Submittals. • Elias Sleiman N — Superintendent o Experience: Field supervisor for several retail renovation projects, including the construction of custom homes. o Responsibilities: Supervise jobsite, assure safety standards are adequate, coordinate subcontractor work, coordinate with inspectors and testing. • Carlos Escalona — Field Coordinator U Experience: Civil engineering degree, Certified General Contractor, multiple renovation projects, field and labor coordinator. a Responsibilities: Coordinate Field personnel in the areas of Demolition, Concrete, Site, Cleaning, Drywall, and Painting. • Jose Haber Sitework Specialist Consultant a Experience: Over 45 Years of experience in plumbing, medical gas, and underground utilities. Mr. Haber hold the licenses of certified general contractor, certified plumbing contractor, certified underground utility contractor, certified plumbing inspector, certified medical gas specialist. o Responsibilities: Plan, oversee, supervise, and provide assistance during the planning and construction of the project. Key Subcontractors personnel:. • Jose Haber — President of Haber and Sons Plumbing (Sitework) 2801 NW 74th Ave, Suite 214, Miami, FL 33122 (786)803-8575 hV 44 VJ. S (E! f til fl it � . t:CJ { t1 Florida Certified General Contractor SLEIMAN CGC1529138 C(JNSTRlJCTlllN o Experience: Over 45 Years of experience in plumbing, medical gas, and underground utilities. Mr. Haber hold the licenses of certified general contractor, certified plumbing contractor, certified underground utility contractor, certified plumbing inspector, certified medical gas spedalist. • Mario Guidetti — Owner of MG Electrical Contractor o Experience: over 20 years of experience in electrical work, especially in air simulation companies such as Airbus Americas Training Center located in Miami. Certified Electrical Contractor in the State of Florida. • Manfred Delgado — President at Artistic Concrete Group. o Experience: Specialized contractor with over 30 years of experience in the construction of driveways, sidewalks, and other specialized concrete floors. 4. Approach / Methodology Proposers approach methodology to providing the services requested in this solicitation. The company organizes weekly meeting to assess the status of all projects currently ongoing to assign responsibilities and resources where needed to complete important deadlines and objectives. The company also coordinates with subcontractors to be aware of their activities and manage with enough anticipation when the subcontractor has to perform an activity. Everyone gets assigned a responsibility on the project, but other team members might assist if necessary to complete the project efficiently. All documents are organized in specific folders, and all issues are recorded in the issues log, which contains all the issues the project has and assigns a responsible person or contractor, and a deadline to complete. This is the best way nothing falls through the cracks. Sleiman Construction has a crew ready for emergency responses within 2 hours. Upon receiving the call and depending on the degree of the emergency, a crew will be assigned to the site to address the issues. Our subcontractors are aware of emergencies since some of them also have healthcare experience, which requires to be on call 24 hours. Sleiman Construction will mobilize to the job once all the subcontract agreements are executed, permits are pulled, and all the submittals have been approved so we have an estimated delivery date for the materials or equipment; that way the restroom and surrounding areas are not disturbed for too long while we wait for the materials and equipment. The work can get started approximately 8 weeks after NTP upon approval of permits. Manufacturers' warranty will be provided as part of the close out documents on equipment that is installed on the site, as well as operations and maintenance manuals as required. 2801 Nw 74th Ave, Suite 214, Miami, FL 33122 (786)803-8575 LV L'aVd.;�I�frtlr3llr_ C,(/Iri Florida Certified General Contractor SLEIM nCGC1529138 \ CON-SJR Ui_;Till P-1 At Sleiman Construction, Quality assurance is achieved by following the QA/QC plan, in which preparatory meetings are done before starting the work, during the execution of the work and after the execution of the work. All materials are check at delivery time for compliance with submittals and specifications requirements. S. Corporate Standing and Authorized Signatory See attached the following documents on the next pages. a. Copy of firm's Articles of Incorporation listing the approved signatories of the corporation. b. Copy of a resolution listing the members of staff as authorized signatories for the firm. c. Letter from a corporate officer listing the members of staff that are authorized signatories for the firm. Non applicable, there is no other member authorized to sign. 6. Litigation History The company does not have any litigation or arbitration history since the company was created. 7. Forms and Attachments See attached the following documents on the next pages: Enclosed Forms; Respondent must complete, sign as required, and submit the Addenda and all forms; and Firm's Current Certificate(s) of Insurance. S. Exceptions 1) Parking fees are not included, the City shall provide parking passes for our laborers and subcontractors. 2) Working after hours, weekends, and holidays is not included. If the project is delayed by us, or if any activity needs to be performed to coordinate better between subcontractors, the contractor will determine if working after hours, weekends, or holidays is necessary, upon coordination and approval from the City. 3) New Landscaping and sod outside of the area of work is excluded. 4) Camera inspection for sanitary lines is excluded. 5) MOT shop drawings and permits is excluded. 6) Bacteriological tests and backflow certifications are excluded. 7) Pool finish not indicated on drawings, subcontractor included only waterline and diamond bright finish. 2801 NW 74th Ave, Suite 214, Miami, FL 33122 (786)803-8575 SYl'1VJ.Si�'itT1i�I1C,CUfi1 Electronic Articles of Organization L17000050967 FILED 8:00 AM March 06 2017 Florida Limited Liability Company sec. Of date jafason Article I The name of the United Liability Company is: SLEIMAN CONSTRUCTION, LLC Article II Tlie street address of the principal office of the Limited Liability Company is: 11018 NW 86 TER DORAL, FL. 33178 The mailing address of the Limited Liability Company is: 11018 NW 86 TER DORAL, FL. UN 33178 Article III The name and Florida street address of the registered agent is: DANNY C SLEIMAN JOSEPH 11018 NW 86 TER DORAL, FL. 33178 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relatin& to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: DANNY SLEIMAN Article IV The name and address of person(s) authorized to manage LLC: Title: MGR DANNY C SLEIMAN JOSEPH 11018 NLV 86 TER DORAL, FL. 33178 UN Article V The effective date for this Limited Liability Company shall be: 03/13/2017 Signature of member or an authorized representative Electronic Signature: DANNY SLEIMAN L17000050967 FILED 8:00 AM March ft17 .Stie jafason I am the member or authorized representative submitting these Articles of Or &amization and affnYn that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a thud degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report between January 1 st and May 1 st in the calendar year following formation of the LLC and every year thereafter to maintain "acture" status. To: Page 3 of 5 ' 2020.05-22 17.21:52 (GMT) 13053284774 From: Yanet Avila ARTICLI?S Oil ANIINDNIENT TO ;ARTICLES OF ORCA NIZA'VON,,,�. . OF tut,;..' • 22 �:i 6; 50 �t INIAN CONSTRUCt ON, 1_1-C (Knme of the i.imita l inhitiry tbmnnut' F l ,pwi rar; On our rectwok r ..> (arlCa Imttct w ,) ll t.ompatly) Tt e Articles of Organization fur this Limited I.inbility Company wcr,: filed on htARO I GTH, 2017 and n,sigwed Florida ducutnrent ltuber t,t 7E?RflGi0967, U This amcndmcnt is Nubmitted to amend she following: A. If amending name, eater the nea• n:1nte of the limited babiiilY catnpnny here - SING CUNISTRt.IC'Ctt7+N•1. 11C rar uta• nw—ae trust +c dictinposlntblc olid eoatuul Ilii t;nsdi" ;Ared Liahilily Campari?: Iltr driip atiut, 'LLC` Jr 141: abhret iatinn I-L.C.- Cow ttw principal office-, address, if npplicahle: t ll?rincigill office udllmq:1fUST RE A S7 EETr11.717+trrI S) Enter iji:w nt:tilitlg address, if applic:tlalc: t'•lla/lin; «thlresy ,11A f'lli. .-I POST OFFICE BOXI I Ii, if amending the registered agent andlor rollsfered office addrt;,s on au!• records, teeter the name of the n4 -,L resisterrc! :encnt )and/or the nein registered office adds "here: \� of iVr.�' ReisterCd A(crlt: r Ne.v Reg stered 011144 z1dd;r4y: • f,'rr. r F lnrLfr..r:re:r. (ri Wast _ Floridu Nru ttl_'j; )lvt•Cd Aaent'- Si+mnlure. if CIIIIII2i,12 R52istereef A<_'ent: flit+rt'l+1' 1lCCP�f 1h,' lJl?(NlJ1J1JNt?1!t Q.1 re' (Sldl'Btl ftYt?1!1 tJ/t(� rJ +TPii w ilea iA this Ca pacir}'.(jlrrlher tr,'J•e't' w cwnpt v wil%t file iT,rejvisioI13 of till Sullute.S !-e tfit'e r(j lin lir,-,per tutff CrN71pkit' i edbrnionclu U! 11JL• dulitoi, jird I QI+t f(lmilior »7lh and :ICLYPI tilt' e9 MV pnxidon im registered tigow as provided (i)r irr Chupter 605. FS. Or it lhiv docJ(luent i, being f leel to Pllereiv;'Lj(d`Cr a cluulge in the registered ojiire trddress. I her•ehl, Conffrul that tate linrileff (;uhilill: cru►tf anY h[ts been l ifflod in wrilhl 11 uf•dri3' c'hu?kge. if than+eine Rm,1%tcrett rt;tt nt. 5ieanture of Nn) tiaz4wr(•d Agen[ To: Page 4 of 5 ' 2020.45-22 17:21:52 (GMT) 13053284774 From: Yanet Avila If amendim, Authorised Persons) authorized to innnWAC, rater the title, name, and add rms of cucb mrson being added or retttn•csi from nt�r r{-rnrsls: 1iG.R = Manager AMUR _ Audturind Member Title INnme Address Tvpe of Action ;.Ifni Ouc6ardo .\loagiovi, Carlos A 194E SW Sth St FY Add AIT&.1:04 %fiomi Fl- 311"1a - '�C'la�•r�r --------- _........ --------- .v............ ..- --............. _.._........................ DAM - .......... ---------- ._._._._................. •---•- _ ! -iRmo; c ..................._............... .... .�-rlittrnme ---........... _............... .............. ............ --------- ....... --_----------------------- --------- ---------- ----------------- - - -------------- - — ---------- -------------------------------------- ...__.-._-._.. Ot"1ir�::c ....... --------- ............... -------------------------- - -- - 11 Add ---........ ......... --------••-----•--------------------.w.._ -------------------------------------------------•-- ...._...... _...__._....... _................ ------- —I......... _i A d J --.._.._.............._,---- ------------- -------- -----••'- ._ftifCFi!Yi —._..._.,......................... _....................... iri£hancc To: Page 5 of 5 ' ' ' 2020.05.22 17:21:52 (GMT) 13053284774 From: Yanet Avila I l). if amendim_y am other hil'ortntttion, enter chnugc(s) herr: (.lrr�el; r'r,�tittfOriL'! s:tc't:fs, rr ttecrsstarr;l t,'nn:p my shwrrc: Otomy Kleiman loscph, 50%: C'a:lu3 Uucriarda. 50"l-------- ---- -------------------------------- __-- (s. Effective date, if other than the date of filing: (optional) {S£a:t ctfcctiVC attic i5 ii�te(4 the date rww be sitttciIic .and cuuw: Lt: priur to dateof t- qi w. invu tltatl 90ds;• i Ulla fling.) t'ui-sumtt tv o05.0207 t {{b1 ,vote: if the gate inscrtec in this block decs not met the applicable statutory $ling requirements, thi_ dell: will not be :kwd ie thr ilocutnen:'� Cttccuvc date on the Ocpartment uCStutc'7 mcords. L if th; record speritit:s a dcloyed ctic.tive date, but %,i utr OTt7eti4e time. nt 12:0 i 5.m. on the earlier of: (b) 'lite (uth da% after the record is tiled. Mac 21st 7.021) Dated of auWnwi rgpmsot1u!wc ut •r DANNY C SLHINIA` JOSEPH -�' '� 1 } {>e. w pt i nk•,t titunc n� sibnee Filing Fee: 825.00 To: Page 3 of 5 2020-11.16 20:28:04 (GMT) ARTICLES OF AMIENDNIENT '110 ARTICLES OF ORGANIZATION O 13053284774 Froni: Yonet Avila SNO Constnlctiun, Ll -C (Nims ort6,: Limited f.iaF'iliti' t.'om )aut' it 1(t) a e;nti on our reeanl..1 { nrt�ta .mraec .ta l lt} l tu;ti:uns} The Attic les of Oigzatization for this Lialn:d Litibitit}' CompirL werrc hied on iNlzfeh wit !W7 cu -,d tusi�tad Floridi t{oCutnent number L17000030967 i This amendi-mit is zubmitted to anmi i the f'ullminb: A. If amendial; name, enter the netF nanic of the lintited liahiiity mip_anc her_c: Sicimm Consiructian. l.I.C. ]he new name; Must $c, diuingal,hibie and Coma -5a the muds "Um iled U& Com}tam;' the • -esi<,natioo •'1,1.(' or tits abbevv;atiun 1.J. Enter new principal offices m1dress, if applicable: s (Pririci url of re'e; address MUSTHE : l S TRE'RV!1/Jf)AESY) e c) Enter new umiliug addr'e.t, if ulrplicable; (Aluflin t addreta AM Y HEA 1'0ST OFFK F) OX) _ —__--- B. if amend in-, the registered a;;t:nt andf4)r registered office nlidress on our records, enter the name.of;he new,reeiAerLAI uent and/or, the rlett're2istered nffisc 2ddruss here: Name us NewRe i� sterni : Ponr New Re5-`,l.•wred 0E CIw A,.jdress- F -:iter slitei a&A-css _ Florida Z�q car New Keeistered .(+rent's Sigma are. if clttuw_ina kdj. j iered Aye t: I he:r'eity ae-cepr rho appointnrem ria mgjstererl er re:r)t anel r,,yre+tt ro act in this eapueltl'. ffitr+frt'r utrea to rumplr with the pr,wisimis of afl ster+ute•:s relirtrt'e to the proper crud rompheAt pelforrm ome of mj, rhuie.s. and 1 rrmr fenu fieir with and occept the rahfisrutiorrs of mY positiolt txs registettref agent as provided f u' in Chapter 60.1. F.S. Or. i0his docamernt is haiq filed to irwrely relkCI el Collilge in filet r.+lafsiered offive adeke.s.t'. 1 here& ew jtrm thin the lft+ria tf tinhilirt' C•o mponly hers i1 ,on n0 if ed in wr+t+trg r'fth+s t:hmige If Cha tiging 12e,gi.+en4JA„coi, wi,uature of tr+� l2rsi.tcreet .tae nt To Page 4 of 5 2020-11 -16 20:26:04 (GMT) 13053284774 From: Yanet Avila If amettcling Autltorind hcrsoa(s) uuthoOzed to manege, enter the title, name. and addi,cm of each jwrsan btiztp :uldctl ox- rernoved fl -um our records: :SWR - sMunagcr AINIHR = Aulltoriaed Member Tide N:itt7C _\ddress •I'voe,orAction CIR CUt.;CIAkt)O M, CARI.OS A 1900 SW gTlt ST .-VI "r_14114 DAN \11;411. F1. ;3!a: 9i PCM3%,c -- _ —._�._ - ---- ----- ,Add ❑ILalniOCe Add `..tKcnit;vr ! J ILLI thl�'C To: Rage 5 of 5 2020-11-16 20:26,04 (GMT) 13053284774 From Yanet Avila D. If amending any other Wormat:iiou, ester chmige(s) here: (.41tarh adrlinoval shee a, of ner=ary.) Comrtsy Sba.+es: D=ny Slch mn JOUTh IW --0 E„ Ef eefive date, if outer than the date of filing: (optional} t1f = etYxnive dee k listed, tbndvxl rim he Vac65e wit c=w b.- prior to date of fifing gr,crat tbw Oft days o9cY filmy.) Pursuant m dItSM07 O-Xb) Notc: If the date '> sand in this 6lovk- docs Wt tract the applieeablc ruixtory filing rrquk==nts, this dots will sot be liz; c as the doc=r.-or's e5ectr,c date on the Dcpsraocnt of State's rccords. If tN m-ott: spmffic,< s deiaycd efttiive dwr, but not an effcedit. time, at ;2:01 o,m. on the earlier of (b) Thr. 90th d'xy attar the r:.•conl is 6lcr:. Datcd or Filing Fee: 525.00 QUALIFICATION REQUEST INCLUDE WITH YOUR BID Contractor must list projects of similar project scope fulfilling the following qualification requests: 1. List Project Management Personnel. Personnel cannot be changed without written approval. Project Manager Danny Sleiman 2. How many years has your organization been in business as a (Contractor? 6 3. List current workload. 4. Will you subcontract any part of this work? If so, give details to major key subcontractor's name, address, phone number and type of work to be performed. Also, indicate the percentage of the total work to be performed by the subcontractor. Subcontractor: Ara7o7a Brothers, Landscaping and Irrigation 13% of total Job Eduardo Arazoza, 7027 SW 87th CT. Miami, FL 33173 1 (305) 246-3223 Subcontractor: Artistic Concrete Group, Sidewalks 15% of total Job Manfred Delgado Sr. 111767 S Dixie Hwy #132, Miami FL 1305-888-9095 Subcontractor: Flash Pavers, Pavers Scope 8% of total Job Erik Cohen 12719 Hollywood Blvd, B-168, Hollywood FL 33020 ( 305-339-2993 Expected Name K Contract 13ondcd Type of Location Percent Completion Address of Price Project Construction of Work Completed Engineer or Y/N Date Architect 19111 Collins Ave, Rodriguez Architect. Ino. $267,469.15 Y Renovation Sunny Islas Beach, 24/e July lst. 2023 2lcural"='AdeLFL331940` 5959 140111; Ave N, S.110 a Ass.6M.. $35,657.00 V Renovation West Palm Beach, 0% March fsl 2023 1515 cumrnpmk or N. W.,M FL 33411 Palm &md,, FL 83401 3800 NW 11151h VIA Design Studio $93,509.01)N nanavallon Ave, floral, FL 0 % TSD 103 Westward Dr. Miami 33170 Springs, FL 33166 1203 N Sencrest Jerpa A sun.n>a $377,844.00 N Renovation Blvd, Boynton 341% December 4th 2023 14400 NW 7711, 0t swm Beach. FL 33435 0104, N11— Locos, FL 33018 4975 Park Ridge REG Archllects 120 3 $9,275.73 N Pro•constructlon Blvd, Boynton 10% October 2nd 2023 Olive Ave Ste. 210, West Beach, FL 33426 Palm Beach, FL33401 850 Larnmore Fid, REG Arcbitecls 120 S $335.930.00 V Ronovallon Pahakee, FL 0% TBD Oliva Ave Sto. 210. Was 33476 Palm Beach, FL 33401 4. Will you subcontract any part of this work? If so, give details to major key subcontractor's name, address, phone number and type of work to be performed. Also, indicate the percentage of the total work to be performed by the subcontractor. Subcontractor: Ara7o7a Brothers, Landscaping and Irrigation 13% of total Job Eduardo Arazoza, 7027 SW 87th CT. Miami, FL 33173 1 (305) 246-3223 Subcontractor: Artistic Concrete Group, Sidewalks 15% of total Job Manfred Delgado Sr. 111767 S Dixie Hwy #132, Miami FL 1305-888-9095 Subcontractor: Flash Pavers, Pavers Scope 8% of total Job Erik Cohen 12719 Hollywood Blvd, B-168, Hollywood FL 33020 ( 305-339-2993 S. The business is a (sole proprietorship) (partnership) (corporation) and name of owner: Corporation, LLC. Name of Owner: Danny Sleiman 6. Has your company ever been debarred or terminated for default on a government contract? No. 7. Identify your debris disposal plan. A dumpster will be brought to the jobsite and placed in an area approved by the City. Before the end every working day, all debris will be removed from the site and disposed into dumpster. Debris that fall or that can blow with the wind will be properly disposed immediately. Styrofoam will not be allowed in the jobsite. 8. Firm must list any exceptions taken to the terms and condition in this ITB. See exceptions section 9. Discuss what strategies the submitter will utilize to keep this project on schedule, considering long lead-times on fabrication. Submittals for time sensitive items such as light poles, benches, trash receptacles, and pavers, will be submitted first after issuance of Notice to Proceed. Once these items are approved, they will be released for purchase and schedule delivery dates. All long lead items will be logged in a form, and will be provided on every OAC meeting, or as requested by the City. 10. Discuss strategies the submitter will implement to ensure the project is kept on budget. To ensure project stays on budget, the contractor will release Notice of Intent to all subcontractors in order for them to provide the submittals and lock materials and equipment prices, while the contractor works on all the subcontract agreements. Notice of Intent will be release to subcontractors immediately after issuance of Notice to Proceed. Coordination is essential for avoiding cost increases, so the contractor will notify the owner when something is cost sensitive to expedite approval process. 12. Have you personally inspected the plans and location, are there any concerns that may impede your performance on this project? Yes. We walked the site and verified existing conditions. We took some pictures to send to subcontractors in order to provide an accurate pricing for this job. The only concern we have will be the delivery of the landscaping trees that are very large. This can be coordinated on site once there is a coordination meeting and a proper time to perform this deliveries. 13. Describe the submitter's attributes, which make the submitter best -suited for this project. We understand the requirements of a government agency on a construction project. We have implemented and invested in internal systems that allow us to perform successfully on every job. We have the capacity, experience, license, and subcontractor's relationship to complete this project. END OF SECTION DELIVER TO: INVITATION TO BID City of Sunny Isles Beach SECTION 5 OPENING: 11:00 A.M. City Clerk BID SUBMITTAL FORMS MARCH 30, 2023 18070 Collins Avenue Sunny Isles Beach, FL 33160 PLEASE QUOTE PRICES FURNISHED & INSTALLED, LESS TAXES, PROVIDED TO CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Manager: Date Issued: This ITB Submittal Consists of Genesis Cuevas February 28, 2023 this ITB, Attachments and Exhibits Sealed bids are subject to the Terms and Conditions of this INVITATION TO BID and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. ITB 23-02-02 TOWN CENTER MEDITATION GARDEN A bid bond in the amount of 10% of the total amount of the bid will be required with your bid. A Performance Bond in the amount of 100% of the total amount of the bid will be required upon execution of the contract by the successful firm and City of Sunny Isles Beach firm Name: Sleiman Construction LLC RETURN ONE ORIGINAL FOUR COPIES AND ONE USB RESPONSE IN A SEALED ENVELOPE SECTION 6 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated 03/08/2023 Addendum #2, Dated 03/15/2023 Addendum #3, Dated 03/16/2023 Addendum #4, Dated 03/20/2023 Addendum #5, Dated 03/22/2023 Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II:❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: Sleiman Construction LLi AUTHORIZED SIGNATURE: TITLE OF OFFIG'9fR: President DATE: 04/06/2023 BID SUBMITTAL FORM Bid Title: TOWN CENTER MEDITATION GARDEN The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Bidder accepts all of the terms and conditions of the Advertisement or INVITATION TO BID and Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposer agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City's Notice of Award. In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that: The Proposer has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. • The Proposer has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Proposer. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Proposer has not directly or indirectly induced or solicited any other Proposers to submit a false or sham Bid; the Proposer has not solicited or induced any person, firm or corporation to refrain from Bidding;. and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposers or over the City. The Proposer understands and agrees that the Bid is for unit prices to furnish and install individual Work Items for maintenance and/or repair work, complete in place. Estimates are provided for the purposes of Bid Evaluation and to establish unit prices for individual Work to be contracted by the City under individual Purchase. Orders, based on the unit prices established under this Bid. The City and the successful Proposer will establish completion times for each individual Work Item and the successful Proposer agrees that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. Firm Name: Sleiman Construction LLC Street Address: 2801 NW 74th Ave, Suite 214, Miami FL 33122 Mailing Address (if different): Telephone No. 786-332-0137 Fax No. N/A Email Address: danny@sleimanc.com FEIN No. 82-078-6619 * "By signing this document the bidder agrees to all Terms and conditions of this INVITATION TO BID. of authorized agent) Print Name: Danny Sleiman Title: President THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. Town Center Park Meditation Garden - Bid Tabulation ITB 23=02-02: ITEM DESCRIPTION OF UNIT TOTAL I UNIT $ ITOTAL MOTES SITEWORIh. I General Conditions/Contract LS I 90,340.8 Administration (Insurance/ 7 90,340.87 tndemnitication/Surety Bond) $ 2 Mobilization LS 1 5,357.fifi $ 5,357.66 In accordance with 17DOT Standard Specs. Appmx_ tot„ " Overhead and profit LS 1 106,900.00 $106,900.00 4 Building Architectural Update LS l 24,873.68 $ 24,873.68 5 Cost of required permits, fees, LS I inspections, impact fees. if authorize by the Engineer (3% of 22,000.00 22,000.00 Subtotal) $ 6 Erosion Control Measures/Best l Management Practices 12,51121 12,511.21 7 Removal of Existing Concrete/Asphalt/Rook Limited Selective Clearing and Base and other existing elements) in Grubbing SY 1235 2.68 $ 3,309.80 accordance with Demolition Plan and Proposed Improvements 8 - Imported Selected fill _ CY ..- - 566 48.22 - $27,292.52 - _ _ _.. _. 9 Fine Site Grading AC 0.30 65,346.31 $19603.89 rine Grading within Project Limits 3/4" PE Domestic Water Service LF 180 10 with Connection 3c Trenching 41.67 7,500.60 $ 11 Temporary fencing and sidewalk LS I protection 13,394.15 13,394.15 Sitework Subtotal $333,084.38 HARDSCAPE, & SITE FURNISHINGS 12 (Non-Reinforced) Concrete SF 1970 16" Sidewalk with Marble Chip 37.05 72,988.50 5 13 6' diameter, 2' height Concrete LS 1 4,286.12 4,286.12 Contractor to provide shop drawings Pedestal for Art Scultpure S showing final dimensions and reinforcing, 14 Pavers with base SF 2658 20.39 S54,196.62 15 Oolite. Boulders EA 14 1191.34 $ 2,678.76 16 Benches EA 10 2,520.80 $ 25,208.00 17 Trash Receptacles EA 2 1,354.42 $ 2,706.84 18 Drinking Water Fountain EA 1 8,840.15 $ 8,840.15 19 Column Nature Screen EA 4 2,143.06 S8,572.24 LS 1 Paint for Existing Overhead Structure to remain - (60'x 60') 11,395.74 11,395.74 S 21 LS 1 Paint for Existing Overhead Structure to remain - (46'x 37') 7,500.73 7,5010.73 $ 22 Shade Sail Fabric LS 1 114,058.97 S 14,058.97 Hardscape & Site Furnishings Subtotal $ 212,434.67 SITE LIGHTING: 23 Site Lighting/Electrical LS 1 1 62,076.46 62,076.46 Site Lighting Subtotal 562,076.46 LANDSCAPE 24 ITreelPalm Removal I EA 1 2 2679,62 5,J57,68 25 ITree Protection Fencing LF 1 200 121.43 $ 4,296,00 Trees 26 Gumbo Limbo EA 5 1,339.42 s,ua7.�0 27 Green Buttonwood EA 2 696.50 $1,393.00 28 Paradise Tree EA 3 1,178.68 $ 3,536,04 Palms 29 Sabal Palm EA 21 530.66 $11,143.86 (10) with curved trunks Shrubs 30 Firebush EA 8 32,19 $257.20 31 Horizontal Cocoplum EA 24 21.43 $ 514.32 32 Boston Fern EA 208 iom $2,227.60 33 Sand Cordgrass EA 241 10.71 $ 2,581.11 34 Native Porterweed EA 89 16.07 $1,430.23 35 Coontie EA 216 26.76 $ 5,786.64 Vines 36 Coral Honeysuckle EA 16 267.89 $ 4,286.24 37 Sod SF 8300 0.80 S6,640.00 38 Planting Soil CY 120 37.51 $ 4,501.20 39 Mulch CY 25 42.86 $1,071,50 Landscape Subtotal 561,709 78 IRRIGATION 40 Bubblers, swing joints & fittings EA 46 32.15 $ 1,478.90 41 Irrigation spray heads, nozzles, swing joints, & fittings EA 127 48.22 56,123.94 42 Valve Assembly EA 7 455.40 S3,137.80 43 Sleeves LF 13 26.79 S348.27 44 Lateral Line LF 1578 3,21 55,065.38 45 Main line LF 277 12.66 S3,562.22 46 Point of Connection LS 1 5,943.79 $ 5,943,79 Tie into existing 1-112" metered irrigation Irrigation Subtotal $25,710.30 MISCELLANEOUS - -- 47 Water Feature and Art Sculpture I LS 1 1 143,817.09 $43,81T.09 By Michael Szabo 48 JArt Sculpture/Structural Design I LS 1 1 17,157.83 $7,157.63 I By Seo Young-Deok Miscellaneous Subtotal S 50,974.92 GRAND TOTAL = $ 745,990.51 Signature, 146reby attest that I have the authority to sign this notarized certification and certify that the above referenced information is true, complete and correct. �srFf S, 'o n u z BID BOND ' City of Sunny Isles Beach 19070 Collins Avenue v 01'`05°+ Sunny Isles peach, FL 33160 o. aur ,a Telephone. (305) 947-0605 Fax: (305) 949-311;+ STATE OF FLORIDA COUNTY OF Miami -Dade ) Sleiman Construction, LLC 2801 Northwest 74th Avenue, Suite 214 KNOW ALL MEN BY THESE PRESENTS, that we, Miami, FL 33122 as Principal, and United Slates Fire Insurance Company, 305 Madison Avenue, Morristown, NJ 07960 as Surety, are held and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of Ten Percent of -Amount Bid Dollars ($ tow 61Amnimt9id) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors Jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated, April 06, 2023 -2016 -for, ITS 23-12.02, TOWN CENTER PARK MEDITATION GARDEN WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond in the amount of ten percent (10% of the Base Bid be submitted with said Bid as a guarantee that the Proposers would, if awarded the Contract, enter into a written Contract With the City, for the performance of said Contract, within ten (10) consecutive calendar days after written notice having ;been given of the Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United Slates of America, as liquidated damages for failure thereof of said Principal. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this 61h day of April 2023 , the name and the corporate seat of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN. PRESENCE OF: Sieiman Construction, LLC V) 5% 111dividuall4ir Partnership Principal 2801 Northwest 74th Avenue. Suite 214 Business Address Miami, FL 33122 City, State, and Zip Code DOCUMENT CONTINUES ON l Affix Corporate Se NEXT PAGE 2 ONSEAI.'�: o 2017 Sea FLORIDA (786) 803.8575 Email:danny@sleimane.com Business Telephone Business Facsimile/ NA As per attached power of attorney ATTEST: United Slates fire insurance Company Secretary (Corporate Surely)' AlicaJames By f1 'Impress Corporate Seal Shawn A. Bttrtan, Attorney -In -Fact IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. DECE10SEn 20, 2010 POWER OF AT,rORNEV UNITED STATES FIRE INSURANCE COt1IPANY PRiNCIPAL OFFICE - MORRiSTOWN, NEW JERSEY 0092723 KNOW ALL MEN BY THESE PRESENTS: 'fiat United States Fire Insurance Company, a cotpomlion duly organized and existing under the laves of the stale of Delaware. Inas made, constituted and appointed, and does hereby make, constitute and appoint: Aun,A, Nipper, Duvid Russell Hoover Joseph Penichel Nielson, Charles David Nielson. Charles Jackson NieLean. Shawn :Ilam Barran. Jarrett Alerincei each. its true and lawtil Attomey(s)-In-Fact, with full power and authority hereby conlcrred in its name- place and stead, to execute, acknowledge and deliver Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire insurance Company thereby as filly and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office; in amounts or penalties not exceeding. Seven Million, Five Hundred Thousand Dollars (57,500,000). ]'his Power ol'Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United Slates Fire Insurance Company except in the manner and to the extent therein stated. Phis Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-hrFact named above and expires on January 31. 2024 This Power of Attorney is granted pursuant to Article IV of the lay -Laws of United States Fire insurance Company as now, in full force and effect, and consistent with Article III thereof. whreh Articles provide, in pertinent part: Article IV. Execution of htstni rents - Except as the Board of Directors may authorize by resolution. the Chairman of the Board. President. any Vice-president. any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behall'ofnhe Corporation: (a) to execute. affix the corporate seal manually or by fncsnnile to, acknowledge, verily and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing. any bonds, guarantees, undertakings, recognizances, powers orattorney or revocations ofany powers ofattontey. stipulations, policies o1' insurance_ deeds, leases, mortgages, releases, satisfactions and agency agreements. (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation Article III. Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recogniratnces, stipulations. powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may he printed. facsimile, lithographed or otherwise pmduced In addition. if and as authorized by tine Board of Directors. dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to tune may be authorized to sign such instrumenrs on behalf of the Corporation The Coilimation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have heen such ofricer or officers of the Corporation. notwithstanding. the last that he may have ceased to be such at the time when such instruments shall lie issued. IN WITNESS WHEREOF. United Stales Fite Insurance Company has caused these presents to be signed and attested by its appropriate officer and iLi corporate seal hereumo affixed this 281" day of September. 3031. UNITED STATES FIRE INSURANCE COMPANY w.1 ,- Matthew 1?. Lubin. President State ofNew.lersey } County of Morris ; On this 28111 day ol'September, 2021. bel'ure me, a Notary public ol'the State of New Jersey. came the above n,mied officer of United States Fire Insurance Company- to nig personally known to be the individual and officer described herein. and acknowledged that he executed the foregoing insirunient and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. EMEUSSA H. WAIF8810 NOTtliiil'PUBLICCIFNEWJERBfitI i8tt A*01f� Melissa H. D'Alessio (Notary Public) I, the undersigned oMccr of United States Fire Insurance Company, a Delaware corporation. do hereby certify that the original Power of Attorney of which the foregoing is a (till, true and correct copy is still in force and effect and has not been revolted. IN WITNESS WHEREOF. i have lioreunmr sit my hand and affixed the corporate seal of' United States Fire Insurance Company on oth day the (it' April 2023 5 UNITED STATES FIRE INSURANCE COMPANY Alfred N. Wright. Scnior Vice President h NON -COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) COUNTY OF Miami Dade ) The undersigned being first duly sworn as provided by law, deposes, and says; This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of. Sleiman Construction LLC (Name of Corporation, Partnership, Individual, etc.) a Limited Liability Company_ formed under the laws of Florida (Type of Business) (State) of which he is President (Sale Owner. Partner, President, etc,) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable antion for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further neither the undersigned. nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. Danny Sleiman r President AFFIANT'S NAME AFFIANT'S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this 06 day or April -'20 23 Personally Known �V", or Produced Identification Type of identification (Affix seal here) DECEMBER 2d, 2010 kol,lry pLExpires 9' �cncComm 0!1!]1 (,�q C/ - U NOTARY PUBLI (name printed Vt P MyComar], 202: l��G!CthrQUlpt."+ 45 •' DECEMBER 2d, 2010 kol,lry pLExpires 9' �cncComm 0!1!]1 (,�q C/ - U NOTARY PUBLI (name printed Vt P � Svtii""'�S PS PUBLIC ENTITY CRIMES • * , . City of Sunny Isles Beach 16070 Collins Avenue Sunny Isles Beach, FL 33160 d �'`• o. , ^"� * Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287,133, Florida State Statutes - "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 to perform Work as a Contractor, supplier, Sub -Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017,• FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach by Danny Sleiman, President inn m iw ua s name an n e for Sleiman Construction LLC [pnnt name at entity submitting swarn a a emem whose business address is: 2801 NW 74th Ave. Suite 214, Miami FL 33122 and (if applicable) its Federal Employer Identification number (FEIN) is 82-0786619 (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 11.2. 1 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 with 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 of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. I understand that "convicted" or "conviction" as defined in Para. 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 trail 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. 11.4. 1 understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any 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, executors, 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 UCCIEMSER 2H 2010 market value under an arm's length agreement, shall be a prime 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. 11.5. 1 understand that a "person" as defined In Para. 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 "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of it's 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 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, 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 of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that 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 11.1 (ONE) 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. By: Z, (Sign re) Danny Sleiman (Printed Name) President (Title) Sworn to and subscribed before me this 06 Dann.v Sleiman AMP HERE) Norery Public • State of Florida tT Commission 1t HH 099934 { MY Comm. Eepires Mar 3, 2025 oonded throulh %Apera' votary Assn. day of April , 20 23 , by Signature: Personally Known X —OR Produced Identification ti n CONFLICT OF INTEREST City of Sunny Isles Beach " • 18070 Collins Avenue Fra*^tee Sunny Isles Beach, FL 33160 r 'r 4, ,,.0 +4 Telephone• (305) 947.0606 Fax: (305) 949,3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes, Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF Miami Dade BEFORE ME, the undersigned authority, personally appeared Danny Sleiman who was duly sworn, deposes, and states: 18.1. t am the President of Sleiman Construction LLC _with a local office in 2801 NW 741h Ave Suite 214 Miami FL 33122 and principal office in 2801 NW 7411h Ave Suite 214 Miami FL 33122 18.2. The abcve named enfity is submitting a Bid for the City of Sunny Isles Beach, Bid No. 23-02-02 described as: Golden Shores Street Lighting. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project, 18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of Interest due to any other clients, contracts, or property interests for this project. 18.71 certify that no member of the entity's ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.81 certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this day of. April 2023. Print or Type Name and Title Sworn to and subscribed before me this 6th day of April 2023. M Personally Known OR 171 Produced Identification ; Type of Identlficatii NOTARY `-� y PUBLIC STATE OF FLORIDA Nolary PuDllc State of Florida CommisSion4HH099934 MY Comm. Expires Mar 3, 2025 3arCvd tht %gh National Nctiry Assr. -1 W0140" DECEMBER 28. 21710 oQ yvs�r�t- rSt�J9 f� DI SHIN r W STATE OF FLORIDA COUNTY OF Miami Dade ANTI -KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Fl 33160 Telephone: (305) 947.0606 Fax: (305) 949.3113 ANTI -KICKBACK AFFIDAVIT I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Danny Sleiman 10 Title: President The foregoing instrument was acknowledged before me this 6th day of April , 20 23 , by Danny Sleiman [name of person], as President [type of authority], for Sleiman Construction LLC [name of party on behalf of whom instrument was executed], AFFIX NOTARY STAMP HERE: LEYLAALFON2o Notary—Public — Sfiafi ride . s... Notary Public - State of Floridaorri,� , f ? 9934 My Comm1. Expi es mat I 3, 7025 —e(6 '^C ✓ �i 8arded through National Notary Assn. Print or Type Commissioned Name Personally Known / OR Produced Identification Type of Identification Prod cu ed UFMARER28,Y014) 0� a"N4 A. -` EQUAL OPPORTUNITY / AFFIRMATIVE ACTION �,,� t�. Q YG'e•x City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone (305) 947.0606 Fax: (305) 949.3113 EQUAL OPPORTUNITYJAFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief, Signed: Title: Firm: Address: OECEMSER 2e 2010 President Sleiman Construction LLC 2801 NW 74th Ave, Suite 214, Miami FL 33122 S��N V SSI DISPUTF DISCLOSURF . -. City of Sunny Isles Beach 16070 Collins Avenue L �Y Sunny Isles Beach, FL 33160 }ue '"y Telephone: (305) 947-0606 Fax: (305) 949-3t 13 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 19.1. 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 X 19.2. 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 19.3. 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 for the City of Sunny Isles Beach. Sleiman Construction LLC Firm Authorize6-Signature DECEMBER 28 2010 04/06/2023 Date Danny Sleiman, President Print or Type Name and Title City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT "B" E -Verify Affidavit 40 E -Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https.,//www.e-verify.gov/employers/enroliing-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection, By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Sleiman Construction LLC pany Offeror Sigm3ture 04/06/2023 Date Danny Sleiman President Print Name Title 82-0786619 Federal Employer Identification Number (FEIN) Notary Public Information Sworn to and subscribed before me on th+s this day of Aw rA 2021 By QLf��IgyM h Is personally, known to me 11 Has produced identification (type of identification produced: �. Public O SI e of Notary Publ - State Notary Public• State or Florida ]K �.' Cammission ; NH 09993A �oo�"n3`' My Comm, Expves Mar 3, 2025 Barded through National Notary Assn. Print or Stamp of Notary Public Expiration Date "'Ap� tq` 4ye c, V City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Rick Labinsky, P.E., City Engineer DATE: May 18, 2023 RE: Agreement with Sleiman LLC. for Construction of the Meditation Garden Ar Park at Town Center Park RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach desires to construct a Meditation Garden Art Park at the Town Cente Park in the area which was previously a skatepark. On February 28, 2023, the City of Sunny Isles Beach issued Invitation to Bid No. 23-02-02 of DemandStar. On March 16, 2023 the city held a non -mandatory pre-bid meeting in which two (2) interested bidders attended. On April 6, 2023, the following two (2) bids were received: Sleiman Construction and Waypoint Contracting, Inc. Notice is hereby given that the City of Sunny Isles Beacl has completed its evaluation for the above-mentioned solicitation. Upon thorough evaluation of the bids following the guidelines published in the solicitation, it is recommended to award and enter into an agreement with the lowest responsible and responsive bidder: Sleiman Construction LLC., in the amount of $745,990.51. In such event, after the Resolution has been approved by City Commission. Sleiman Construction LL( will be issued a Notice -to -Proceed for the subject services. All insurance and bonding requirements must be in place prior to commencement of the project. The project will feature two areas with original artwork, seating areas, a shade screen area for art project development and a refurbished office for park staff. Item Number: 10.1) FUNDING SOURCE: Funds have been appropriated in account no. 300-6-5720-465000-75001. ATTACHMENTS: Resolution Agreement Item Number: 10.1)