Loading...
HomeMy WebLinkAboutReso 2026-3973RESOLUTION NO. 2026 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH COMTECH ENGINEERING, INC. FOR THE GOLDEN SHORES PUMP STATION REHABILITATION PROJECT, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; 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 (the "City") is in need of a contractor to replace two (2) existing vertical storm pumps with two (2) new larger capacity vertical pumps in Golden Shores, specifically located at 19200 North Bay Road, and including the conversion of an existing generator room to house new pump controls, the installation of a new backup generator, powered by a new gas service line, on the north side of an existing pumpstation building, the removal of an existing bypass slide gate, an upgrade to an existing building facade, and the reconstruction of the adjoining parking area (the "Services"); and WHEREAS, the City issued an Invitation to Bid No. 23-05-02 (the "ITB"), titled "Golden Shores Pump Station Rehabilitation"; and WHEREAS, upon evaluation, Comtech Engineering, Inc. (the "Contractor") was determined to have submitted the only responsible and responsive bid; and WHEREAS, pursuant to the City's Purchasing's Code, Section 62-13, if only one responsive bid or proposal for commodity or contractual service is received, in response to an invitation for bid/proposal, an award may be made to the single bidder/proposer, if the City Manager finds the price submitted is fair and reasonable; and WHEREAS, as a result, pursuant to Resolution No. 2023-3557, City and Contractor entered into an Agreement on October 6, 2023, for a term of 210 calendar days, in an amount not to exceed $4,580,142.60; and WHEREAS, the foregoing Agreement has since expired, and the Services have not yet been completed; and WHEREAS, pursuant to Resolution No. 2025-3779, City and Contractor entered into a new Agreement on January 25, 2025, for a term of 300 calendar days from the Notice to Proceed issued by the City, for the remaining unexpended fixed sum of $2,963,213.22, and a contingency amount, if necessary, of $416,376.60, for a total not -to -exceed amount of $3,379,589.82, which amounts were previously approved by the City Commission via Resolution No. 2023-3557; and WHEREAS, the Contractor continues to be qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City wishes approve an Agreement with Contractor to complete the remaining Services forthe remaining unexpended fixed sum of Five Hundred Nine Thousand Four @BCL@84178C7C Page 1 of 3 770 Hundred Eighty -Five Dollars and Forty -Five Cents ($509,485.45), and the remaining contingency amount, if necessary, of Four Hundred Sixteen Thousand Three Hundred Seventy -Six Dollars and Sixty Cents ($416,376.60), for a total not -to exceed amount of Nine Hundred Twenty -Five Thousand Eight Hundred Sixty -Two Dollars and Five Cents ($925,862.05), attached hereto as Exhibit "A", which amounts were previously approved by the City Commission via Resolution No. 2023-3557. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Contractor to complete the remaining Services for the remaining unexpended fixed sum of Five Hundred Nine Thousand Four Hundred Eighty -Five Dollars and Forty -Five Cents ($509,485.45), and the remaining contingency amount, if necessary, of Four Hundred Sixteen Thousand Three Hundred Seventy -Six Dollars and Sixty Cents ($416,376.60), for a total not -to exceed amount of Nine Hundred Twenty -Five Thousand Eight Hundred Sixty -Two Dollars and Five Cents ($925,862.05), attached hereto as Exhibit "A", which amounts were previously approved by the City Commission via Resolution No. 2023-3557. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. �— PASSED AND ADOPTED this 19' dWof February, $26. Q11 Mauricio Betancor, CIVIC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4 au. �- ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney @BCL@84178C7C Page 2 of 3 771 Moved by:a `SSID .Seconded by:Vlck VISCwtak Vote: Mayor Svechin Vice Mayor Viscarra Commissioner Joseph Commissioner Lama Commissioner Stuyvesant (Yes) (Yes) (No) (No) �c (Yes) ✓(Yes) (No) (No) V (Yes) (No) @BCL@84178C7C Page 3 of 3 772 SJNNY f5(F = AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND COMTECH ENGINEERING, INC. yf, 9• FlOPO CONTRACT NO.2026-8525 THIS CONTRACTUAL AGREEMENT (hereinafter "Agreement") is made, this Z,% day of February 2026, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and COMTECH ENGINEERING, INC., a corporation authorized to do business in the State of Florida, whose Federal Employer Identification (FEI) No. is 65-0939997 (hereinafter referred to as "Contractor"). RECITALS WHEREAS, the City is in need of a contractor to replace two (2) existing vertical storm pumps with two (2) new larger capacity vertical pumps in Golden Shores, specifically located at 19200 North Bay Road, and including the conversion of an existing generator room to house new pump controls, the installation of a new backup generator, powered by a new gas service line, on the north side of an existing pumpstation building, the removal of an existing bypass slide gate, an upgrade to an existing building fagade, and the reconstruction of the adjoining parking area ("Work" or "Services"); and WHEREAS, the City issued an Invitation to Bid, ITB 23-05-02, which was entitled "Golden Shores Pump Station Rehabilitation;" and WHEREAS, upon evaluation, Contractor was determined to have submitted the only responsible and responsive bid; and WHEREAS, pursuant to the City's Purchasing's Code, Section 62-13, if only one responsive bid or proposal for commodity or contractual service is received, in response to an invitation for bid/proposal, an award may be made to the single bidder/proposer, if the City Manager finds the price submitted is fair and reasonable; and WHEREAS, as a result, pursuant to Resolution No. 2023-3557, City and Contractor entered into an Agreement on October 6, 2023, for a term of 210 calendar days, in an amount not to exceed Four Million Five Hundred Eighty Thousand One Hundred Forty -Two Dollars and Sixty Cents ($4,580,142.60); and WHEREAS, the foregoing Agreement has since expired and the Work has not yet been completed; and WHEREAS, pursuant to Resolution No. 2025-3779, City and Contractor entered into a new Agreement on January 25, 2025, for a term of 300 calendar days from the Notice to Proceed issued by the City, for the remaining unexpended fixed sum of Two Million Nine Hundred Sixty -Three Thousand Two Hundred Thirteen Dollars and Twenty -Two Cents ($2,963,213.22), and a contingency amount, if necessary, of Four Hundred Sixteen Thousand Three Hundred Seventy -Six Dollars and Sixty Cents ($416,376.60), for a total not -to -exceed amount of Three Million Three Hundred Seventy -Nine Thousand Five Hundred Eighty -Nine Dollars and Eighty -Two Cents ($3,379,589.82), which amounts were previously approved by the City Commission via Resolution No. 2023-3557; and COMTECH ENGINEERING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax WHEREAS, the Contractor continues to be qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City wishes to contract with Contractor to complete the remaining Work as more particularly described in the Contract Documents for the remaining unexpended fixed sum of Five Hundred Nine Thousand Four Hundred Eighty -Five Dollars and Forty -Five Cents ($509,485.45), and the remaining contingency amount, if necessary, of Four Hundred Sixteen Thousand Three Hundred Seventy -Six Dollars and Sixty Cents ($416,376.60), for a total not -to - exceed amount of Nine Hundred Twenty -Five Thousand Eight Hundred Sixty -Two Dollars and Five Cents ($925,862.05), which amounts were previously approved by the City Commission via Resolution No. 2023-3557; NOW THEREFORE, in consideration of the promises and the mutual covenants set forth herein, 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 Agreement, the Bid Documents (Invitation to Bid No. 23-05-02, 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. 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 COMTECH ENGINEERING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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, COMTECH ENGINEERING, INC. 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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 COMTECH ENGINEERING, INC. 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 119.0701, 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 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 of the Rehabilitation Act of 1973, and any related federal, state, or local laws, rules, and regulations. 1.8.2 ADA Compliance COMTECH ENGINEERING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 Recordkeep 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 includes the replacement of two (2) existing vertical storm pumps with two (2) new larger capacity vertical pumps in Golden Shores, specifically located at 19200 North Bay Road, including the conversion of an existing generator room to house new pump controls, the installation of a new backup generator, powered by a new gas service line, on the north side of an existing pumpstation building, the removal of an existing bypass slide gate, an upgrade to an existing building fagade, and the reconstruction of the adjoining parking area. 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. COMTECH ENGINEERING, INC. 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 2.5 Direct Purchase. The City is recognized by the State of Florida as being exempt from state sales tax and is therefore, qualified for an exemption from Florida and all other state sales taxes on the purchase of tangible property if certain criteria are met. The City may elect to realize savings of sales tax on selected material and equipment needed for use in this Project. The City will include this direct purchase provision and the Contractor agrees to administer it. See Rule 12A-1.094 of the Florida Administrative Code, and Section 212.08(6), Florida Statutes. No additional compensation shall be added to the Agreement amount because of the service provided by the Contractor in the purchase of the material or capital equipment in the name of the City. All sales and use tax savings of purchase of property, materials, etc., shall be credited to the City and the amount of the Agreement will be reduced in the full amount of savings which are affected by the omission of payment of sales and use taxes. ARTICLE Ill CONTRACT TIME 3.1 Time 3.1.1 The Contractor shall neither commence any work, nor enter a City work premise, until a written Notice to Proceed (NTP) from the City directing the Contractor to proceed with the work has been received by the Contractor from the City Manager or designee; provided however, that such notification shall be superseded by any emergency work that may be required in accordance with provisions included elsewhere in the Contract Documents. In addition to the written NTP, the Contractor must supply the City with the required insurance and bond documents. The Project shall be substantially completed by June 24, 2026, which is four hundred and ninety-four (494) calendar days from the Project initiation specified in the original and first Notice to Proceed and final completion shall be thirty (30) calendar days after Substantial Completion. The total five -hundred and twenty-four (524) calendar days include weekend days and holidays. For the purposes of this Project, Final Completion shall be defined at that point after which the City Engineer or their representative, have made and approved the Final Inspection and the Punch List has been completed, and all deliverables have been provided to the City. 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 COMTECH ENGINEERING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax documentation 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. 3.5 Liquidated Damages. Failure to complete all the work within the time specified above, including any extension granted in writing by the City, shall obligate the Contractor to pay the City, as liquidated damages and not as a penalty, an amount equal to One Thousand Dollars and No Cents ($1,000.00) for each calendar day of delay in the completion of all the work. If any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated damages from the monies due the Contractor. 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, Two Million Nine Hundred Sixty -Three Thousand Two Hundred Thirteen Dollars and Twenty -Two Cents ($2,963,213.22), which amount was previously approved by the City Commission via Resolution No. 2023- 3557. The total 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 Four Hundred Sixteen Thousand Three Hundred Seventy - Six Dollars and Sixty Cents ($416,376.60), which amount was previously approved by the City Commission via Resolution No. 2023-3557. 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 COMTECH ENGINEERING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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 AlA 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. COMTECH ENGINEERING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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; COMTECH ENGINEERING, INC. 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (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) 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 Pam 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: COMTECH ENGINEERING, INC. 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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 COMTECH ENGINEERING, INC. 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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, provided, however, all City of Sunny Isles Beach review, construction, and inspection fees will be waived save and except fees for inspection. 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 COMTECH ENGINEERING, INC. 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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; (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 Scheduling 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 COMTECH ENGINEERING, INC. 14 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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. COMTECH ENGINEERING, INC. 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 7.5 Warrapty 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 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 Function Jose L. Sierra 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 COMTECH ENGINEERING, INC. 16 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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. COMTECH ENGINEERING, INC. 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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, COMTECH ENGINEERING, INC. 18 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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 COMTECH ENGINEERING, INC. 19 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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, 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 COMTECH ENGINEERING, INC. 20 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 Calvin Giordano & Associates. 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. 8.2 Ci . '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 Fabricio Volpi, City of Sunny Isles Beach, 18070 Collins Ave, Sunny Isles Beach, FL 33160, and email fvolpi@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 COMTECH ENGINEERING, INC. 21 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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, 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 parry 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 COMTECH ENGINEERING, INC. 22 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 parry 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 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 (15%) 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 COMTECH ENGINEERING, INC. 23 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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 COMTECH ENGINEERING, INC. 24 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 Changes Permitted 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 Chanizes 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. COMTECH ENGINEERING, INC. 25 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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 COMTECH ENGINEERING, INC. 26 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 FIVE PERCENT (5%) 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. (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 FIVE PERCENT (5%) 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 SEVEN PERCENT (7%) 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 ONE PERCENT (1%) 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. COMTECH ENGINEERING, INC. 27 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 August 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 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 COMTECH ENGINEERING, INC. 28 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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. COMTECH ENGINEERING, INC. 29 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 41.2.1 1The 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 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 MM 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, COMTECH ENGINEERING, INC. 30 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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 COMTECH ENGINEERING, INC. 31 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 (10%) 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 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. COMTECH ENGINEERING, INC. 32 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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, 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: COMTECH ENGINEERING, INC. 33 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax • 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, and Employers' Non -City ship. 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 Builder's Risk Insurance. Coverage shall be "All Risk" coverage for one hundred percent (100%) of the completed value of the structure(s), building(s) or addition(s). Where the contract calls for install of machinery or equipment, the policy must be endorsed to provide coverage on "All Risk" basis during transit and installation. The policy must be issued with a deductible of not more than $50,000 per claim. 13.6 Waiver of Subro ag tion. 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. 13.7 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 COMTECH ENGINEERING, INC. 34 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 13.8 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 mcurrygsibfl.net 13.9 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. 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 COMTECH ENGINEERING, INC. 35 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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 COMTECH ENGINEERING, INC. 36 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 Companies Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Consultants must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Consultants must submit the certification that is attached to this agreement as Attachment `B." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 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 Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida Sunny Isles Beach, Florida 33160 33160 Tel: 305 792-1776 Tel: 305 792-1766 COMTECH ENGINEERING, INC. 37 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax smorrisa,sibfl.net aboileau n nlaw.com If to the Jose L. Sierra, President Contractor: Comtech Engineering, Inc. 7900 SW 57 Avenue, Suite 11 Miami, FL 33143 (305) 397-8283 jsierragcomtechen .com If to the Fabricio Volpi City's Public Works Director Representative: 18070 Collins Avenue Sunny Isles Beach, Florida 33160 305-792-1930 fvolpinsibfl.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 Parry 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 Parry 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 parry 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 COMTECH ENGINEERING, INC. 38 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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 Parry 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 parry, as determined by the arbitrators, and shall be awarded as part of the arbitrator's award. It is specifically understood and agreed that any parry 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 parry. This Article shall survive the termination or cancellation of this Contract. 16.13 Each parry 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. COMTECH ENGINEERING, INC. 39 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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 1-9 Forms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Attachment "C." ARTICLE XVIII HUMAN TRAFFICKING 18.1 Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this Agreement as Attachment "D," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. ARTICLE XIX USE OF AMERICAN STEEL & IRON 19.1 Pursuant to Section 255.0993, Florida Statutes, and subject to the exclusions set forth therein, any iron or steel product permanently incorporated in a public works project must be produced in the United States if the public works project constitutes "an activity paid for with any state appropriated funds or state funds administered by a governmental entity which consists of the construction, maintenance, repair, renovation, remodeling, or improvement of a building, road, street, sewer, storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution system, gas or electrical substation, or other facility, project, or portion thereof owned in whole or in part by any governmental entity." To the extent any Work or Services provided for in this Agreement constitutes a public works project, as defined in Section 255.0993, Florida Statutes, subject to the exclusions contained therein, any iron or steel product permanently incorporated in the Work or Services must be produced in the United States. COMTECH ENGINEERING, INC. 40 City of Sunny Isles Beach 18070 Collins Avenue, SunnyIsles Beach, Florida 33160 (305) 047-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. COMTECH ENGINEERING, INC. By: Jose Sierra, President STATE OF FLORIDA: COUNTY OF MIANH-DARE: The foregoing instrument was acknowledged before me by means of A physical presence or 0 online notarization, this 93 day of February 2026, by Jose Sierra, as President of Comtech Engineering, Inc. (SEAL) Personally Known Vor Produced Identification Type of Identification Produced: �otky Public, State of Florida. (Signature of Notary Public) ANIELA SOCARQAS =a 4, Notary Puo�1c • State Florica Corrissior..;: HH 4555's3 z My Comm Fx^ires Oct 18. 2027 pn . alf Commissioned Name of Notary Public) CITY,bF SUNNY ISLO BEACH By. Lanka Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By. Blain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney COMTECH ENGINEERING, INC. 41 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A COMTECH ENGINEERING, INC. 42 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B COMTECH ENGINEERING, INC. 43 4uNNY/jPE � � 7 n u , x CONTRACTOR ANTI -BOYCOTT CERTIFICATION C.•• OP SYM 'HO [PURSUANT TO FLORIDA STATUTE § 287.1351 I, �SV 910e , on behalf of C044tc.� 1646er7.COW - , Print Name Company Name certifies that. Cowm+ech. G*ajF-c—ZM does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. Signature 'Piet SI Jot Title Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C COMTECH ENGINEERING, INC. 44 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 (htt0s://www.e-verify.+ oy/emuioyers/enrolling-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. an Name ./m, &au_ Offeror Signature jce: Simi Print Name qR7/ Federal Employer Identification Number, (FEIN) Z/Z3k­4, Date Fyesvcwr Title Sworn to and subscribed before me on this this 4day of , 20 By Jo $er Vr Is personally known to me Has produced identification (type of identification produced: ) Y Qlgdature of Notary Public ANGELA SOCARMS Notary public - Stze'of Florida commission # Hi -55933 uv rnmm. Expires Oct 18. 2027, Expiration Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment D COMTECH ENGINEERING, INC. 45 AS iV�NY �s�Ff� y � n FL °° su" 0, Affidavit of Compliance with Anti -Human Trafficking Laws City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: J4tAWX Z3 , 20 U0 Signed: Entity: aB?�I 6 IOC414 Name: J6SO 5,t6;X Title: Axe STATE OF COUNTY OF DWC The foregoing instrument was acknowledged before me, by means of 0 physical presence or O online notarization, . this Z3 day of oac'e 20 Z by as eSMA-1 for C0 Ch ftimccein t o is personally kno to me or who has produced' as identification. Notary Public Signatu, e:_ Print Name: State of Florida at Large (Seal) M e c GE_ASOCARRASublic • St-Ce o• = areaHH 4n933ission .,'. Exaires Oct 18.2027h National Notary Assn. FLO C,T} OF SWA 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: Fabricio Volpi, Public Works Director DATE: February 19, 2026 RE: Approval of an Agreement with Comtech Engineering, Inc. for the Replacement of Stormwater Pumps in Golden Shores , RECOMMENDATION: Staff recommends approval of this resolution. REASONS: Through City Commission approved Resolution No. 2023-3557, City and Contractor entered into an Agreement on October 6, 2023, for the full replacement of two existing vertical stormwater pump and renovation of the Golden Shores Pump Station inclusive of the conversion of the existing generator room and a new generator to be powered by natural gas for more reliability. The conditions of this agreement included a term of 210 calendar days, in an amount not to exceed $4,580,142.60. In January 2025, the Agreement had expired and the Work had not yet been completed. Therefore, pursuant to Resolution No. 2025-3779, City and Contractor entered into a new Agreement on January 25, 2025, for a term of 300 calendar days from the Notice to Proceed issued by the City, for the remaining unexpended fixed sum of $2,963,213.22 and a contingency amount, if necessary, of $416,376.60 for a total not -to exceed amount of $3,379,589.82 which amounts were previously approved by the City Commission via Resolution No. 2023-3557. This second agreement expired and the work is nearing completion. Therefore, the City wishes to contract with Contractor to complete the remaining Work as more particularly described in the Contract Documents for the remaining unexpended fixed sum of $509,485.45 and the remaining contingency amount, if necessary, of $416,376.60, for a total not -to -exceed amount of $925,862.05 which amounts were previously approved by the City Commission via Resolution No. 2023-3557 and remain open on the existing Purchase Order. This contract will provide for a final completion date of Item Number: 91 768 J u ly 24, 2026. ADDITIONAL INFORMATION: Copies of the complete contract, including all exhibits and attachments, are on file with the Office of the City Clerk and are available upon request. FUNDING SOURCE: Funds have been appropriated in account no. 300-5-5410-465000-20004. ATTACHMENTS: Resolution Agreement - Comtech Engineering Item Number: 91 769