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HomeMy WebLinkAboutReso 2026-4012RESOLUTION NO. 2026 -� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH GARLAND/DBS, INC. FOR SEAL COATING AND WATERPROOFING SERVICES FOR THE GOVERNMENT CENTER PARKING GARAGE, IN AN AMOUNT NOT TO EXCEED NINE HUNDRED FORTY-ONE THOUSAND THIRTY-SEVEN DOLLARS AND NINETY CENTS ($941,037.90), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AUTHORITY OF THE CITY MANAGER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") Government Center Parking Garage ("GC Garage") has experienced multiple water infiltration issues due to prolonged exposure to weather and environmental conditions; and WHEREAS, over time, the existing waterproofing system has deteriorated, resulting in leaks that may compromise the structural integrity of the GC Garage and create ongoing maintenance concerns; and WHEREAS, the proposed project will include cleaning and preparing the GC Garage deck surfaces, repairing cracks and damaged areas, and applying a new seal coating and waterproofing system designed to protect the structure from further water intrusion and deterioration (the "Services"); and WHEREAS, Garla-rtd/DBS, Inc. (the "Contractor") has advised City staff of their contract with OMNIA Partners ("OMNIA"), a cooperative agency of certified public procurement professionals; and WHEREAS, the Contractor has provided the City with a proposal to provide the City with the desired Services, utilizing the same pricing, terms, and conditions under OMNIA Contract No. PW1925 "Roofing Supplies and Services, Waterproofing, and Related Products and Services"; and WHEREAS, pursuant to Section 62-13(I) of the City's Code of Ordinances, purchases may be made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements provide for a competitive process to select a vendor; and WHEREAS, the City Commission wishes to approve an Agreement with the Contractor to provide the desired Services, in an amount not to exceed Nine Hundred Forty -One Thousand Thirty -Seven Dollars and Ninety Cents ($941,037.90), which includes a contingency, if necessary, in an amount not to exceed Eighty -Five Thousand Five Hundred Forty -Eight Dollars and No Cents ($85,548.00), attached here to as exhibit "A". @BCL@8C156832 Page 1 of 2 208 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 the Contractor to provide the desired Services, in an amount not to exceed Nine Hundred Forty -One Thousand Thirty -Seven Dollars and Ninety Cents ($941,037.90), which includes a contingency, if necessary, in an amount not to exceed Eighty -Five Thousand Five Hundred Forty - Eight Dollars and No Cents ($85,548.00), attached here to as exhibit "A". Section 2. Authority of the Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authority of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 16th day of Ap 1, 20 6. ` `ATTEST Maulcio Betanc6r, CIVIC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4w��. Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:(�uL�(,S/ TSeconded by: VC0, UA 1'. Vote: / Mayor Svechin v (Yes) (No) Vice Mayor Viscarra---,/���--- (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama Yes) (No) Commissioner Stuyvesant (Yes) (No) @BCL@8C156832 Page 2 of 2 209 8570 O`,NNe /ic`JO y.,.i -- -r AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND GARLAND/DBS, INC. CONTRACT NO.2026-7335 M0 r Qo cj G.C. BL 5-21-2026 THIS CONTRACTUAL GREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this j?�day o4VF4, z62.5-by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter "City"), and GARLAND/DBS, INC, a Delaware corporation authorized to do business in the State of Florida, whose Federal Employer Identification (FEI) No. is 80-0525452 (hereinafter "Contractor"). RECITALS WHEREAS, the City is in need of a contractor to pressure clean, caulk, repair, and apply a seal coating to all surfaces of the parking garage at the Government Center, as more particularly described in the Contract Documents, including Contractor's Proposal appended hereto as Attachment "A" (hereinafter "Services" or "Work"); and WHEREAS, on August 7, 2019, Omnia Partners, a cooperative purchasing organization for public sector procurement (hereinafter "Omnia" ), issued Invitation for Bids No. PW1925 entitled "Roofing Supplies and Services, Waterproofing, and Related Products and Services," and awarded a Master Intergovernmental Cooperative Purchasing Agreement to Contractor for a period commencing October 15, 2019 and expiring October 14, 2024, which was subsequently extended fora five-year period, up to and including October 29, 2029 (Contract Number PW 1925); and WHEREAS, pursuant to the City's procurement code provisions, Section 62-13(I), purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor are exempt from the City's bidding procedures; and WHEREAS, the City desires to enter into an agreement with Contractor, using Omnia's bid and pricing information, to provide the Services, subject to the terms and conditions contained herein; and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the desired Services as more particularly described in the Contract Documents for an amount of Eight Hundred Fifty -Five Thousand Four Hundred Eighty Nine Dollars and No Cents ($855,489.00), plus Eighty -Five Thousand Five Hundred Forty -Eight Dollars and Ninety Cents ($85,548.90) as a contingency amount, if necessary, resulting in a total not -to -exceed amount of Nine Hundred Forty -One Thousand Thirty -Seven Dollars and Ninety Cents ($941,037.90); NOW THEREFORE, in consideration of the promises and the mutual covenants set forth herein, the parties agree as follows: GARLANDOBS, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist ofthis Agreement, as well as the terms and conditions of the Invitation for Bids No. PW1925 entitled "Roofing Supplies and Services, Waterproofing, and Related Products and Services," and awarded a Master Intergovernmental Cooperative Purchasing Agreement, which are specifically incorporated herein and made a part hereof, as well as Contractor's Proposal, which is attached and incorporated herein as Attachment "A" (hereinafter referred to collectively as "Contract Documents"). In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and Garland/DBS, Inc. — Contract No. 2026-7335. B. Second, the terms and conditions of Invitation for Bids No. PW 1925 entitled "Roofing Supplies and Services, Waterproofing, and Related Products and Services," and awarded a Master Intergovernmental Cooperative Purchasing Agreement. C. Third, Contractor's Proposal, appended as Attachment "A." 3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in the Contract Documents. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. CONTRACT TEWE AND TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence t4Ti *+, M GI I QO) —242-5 and shall terminate upon the City's final inspection and the City's issuance of a final Certificate of Payment to Contractor. The City shall notify the Contractor in writing of the date C ,C . on which the Work shall begin ("the Notice to Proceed Date"). The Contractor shall commence site activities on the Notice to Proceed Date, and the Work shall be carried on regularly and BL 5-21-26 without interruption. The Contractor shall achieve Substantial Completion of the Work no later than ninety (90) calendar days after the Notice to Proceed Date. The number of calendar days from the Notice to Proceed Date, through the date set forth for Substantial Completion, shall constitute the "Contract Time." The Contractor shall furthermore achieve Final Completion of the Work no later than thirty (30) calendar days after the date of Substantial Completion. GAUAND/DBS, INC. 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the Invitation for Bids No. PW 1925 entitled "Roofing Supplies and Services, Waterproofing, and Related Products and Services," and awarded a Master Intergovernmental Cooperative Purchasing Agreement, which are specifically incorporated herein and made a part hereof, as well as Contractor's Proposal, which is attached and incorporated herein as Attachment "A" (hereinafter referred to collectively as "Contract Documents"). In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and Garland/DBS, Inc. — Contract No. 2026-7335. B. Second, the terms and conditions of Invitation for Bids No. PW 1925 entitled "Roofing Supplies and Services, Waterproofing, and Related Products and Services," and awarded a Master Intergovernmental Cooperative Purchasing Agreement. C. Third, Contractor's Proposal, appended as Attachment "A." 3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in the Contract Documents. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. CONTRACT TIME AND TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence April 1, 2025 and shall terminate upon the City's final inspection and the City's issuance of a final Certificate of Payment to Contractor. The City shall notify the Contractor in writing of the date on which the Work shall begin ("the Notice to Proceed Date"). The Contractor shall commence site activities on the Notice to Proceed Date, and the Work shall be carried on regularly and without interruption. The Contractor shall achieve Substantial Completion of the Work no later than ninety (90) calendar days after the Notice to Proceed Date. The number of calendar days from the Notice to Proceed Date, through the date set forth for Substantial Completion, shall constitute the "Contract Time." The Contractor shall furthermore achieve Final Completion of the Work no later than thirty (30) calendar days after the date of Substantial Completion. GARLAND/DBS, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The terms of Sections 17, entitled "Indemnification and Waiver of Liability," Section 25, entitled "Compliance with Law," Section 13, entitled "Warranty of Services," and Section 14, entitled "Defective Work," and those specifically provided for in the Contract Documents, shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for Services performed under this Agreement, for an amount of Eight Hundred Fifty -Five Thousand Four Hundred Eighty -Nine Dollars and No Cents ($855,489.00), plus Eighty -Five Thousand Five Hundred Forty -Eight Dollars and Ninety Cents ($85,548.90) as a contingency amount, if necessary, resulting in a total not -to -exceed amount of Nine Hundred Forty -One Thousand Thirty - Seven Dollars and Ninety Cents ($941,037.90). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents, including but not limited to Section 4 of IFB No. PW 1925, under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. B. Payment Schedule. Payment to Contractor of the sum set forth herein shall be allocated based upon the following progress milestones: Material Delivery & Mobilization...............................$171,097.80 30% Work Completion.............................................$213,872.25 60% Work Completion .................................... ....$213,872.25 Final Inspection......................................................$213,872.25 Retainage(5%)........................................................4 $ 2,774.45 Contingency, if necessary............................................$85,548.90 Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices following each monthly period within 30 (thirty) days of receipt, for completed Services, unless the City notifies the Contractor in writing of the dispute, before the payment is due. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. GARLAND/DBS, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. 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 Two Hundred Fifty Dollars and No Cents ($250.00) 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. 7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 8. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Contractor. 9. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: Commercial General Liability. Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000.00 for each Occurrence, $2,000,000 GARLAND/DBS, INC. 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Aggregate. Contractor agrees its coverage shall not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X-C-U Coverage, Contractual Liability or Separation of Insureds. Additional Insured Endorsement. Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability with the following, or similar endorsement providing equal or broader Additional Insured coverage, the CG 20 26 07 04, or CG 20 26 04 13, Additional Insured — Designated Person or Organization endorsement; or the CG 20 10 07 04, or CG 20 10 04 13, Additional Insured — Owners, Lessees, or Contractors endorsement, including the additional endorsement of GC 20 37 07 04, or GC 20 04 13, Additional Insured — Owners, Lessees, or Contractors Completed Operations. The name of the organization endorsed as Additional Insured for all endorsements shall read "City of Sunny Isles Beach". Business Automobile Liability. Contractor agrees to maintain Business Automobile Liability, including the MCS-90 Motor Carrier Act Endorsement and/or CA 99 48 Pollution Liability - Broadened Coverage For Covered Autos - Business Auto, Motor Carrier and Truckers Coverage Forms Endorsement, at a minimum limit not less than $1,000,000 per occurrence providing coverage for damages against such third -party liability, remediation and defense costs. Worker's Compensation Insurance. Worker's Compensation Insurance in accordance with Florida Statute, including limits not less than: (1) $1,000,000 each accident for bodily injury; (2) $1,000,000 each employee for bodily injury caused by disease. Umbrella or Excess Liability. Contractor agrees to maintain either a Commercial Umbrella or Excess Liability at a limit of liability not less than $5,000,000 Each Occurrence $5,000,000 Aggregate. Umbrella or Excess Policy must be follow -form coverage over the Commercial General Liability, Automobile Liability, and Employers' Liability policies Waiver of Subrogation. Contractor agrees by entering into this Agreement to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre -loss basis Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance GARLAND/DBS, INC. 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub -Contractors or sub -Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 10. PUBLIC CONSTRUCTION BOND. The Contractor shall furnish a Public Construction Bond to the City, as an Obligee, 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. The Public Construction Bond shall continue in effect through the contract term. The bonds shall be with a surety company authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Bond shall guarantee all work and materials furnished under the Agreement including losses resulting from defects in the materials or improper performance of Services under the Agreement that may appear or be discovered during performance of the Services or during any applicable warranty period after completion of all Services. 11. ACCIDENT PREVENTION AND BARRICADES. Contractor shall comply with City, State and Federal regulations and permit requirements for the placement of the proper Traffic Control Devices. Barricades, cones, construction fencing, temporary construction fencing per City regulations and other relevant requirements, shall be provided by the Contractor when work is performed in areas traversed by persons, vehicular traffic, or when deemed necessary by the City Project Manager(s), at no extra cost to the City. Precautions must be exercised at all times for the protection of persons and property. All services performed under this contract shall conform to all relevant regulations as prescribed in the current edition of the Manual of Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation's Design Standards (DS) and OSHA during the course of such effort. Where requirements vary or conflict, the more stringent shall apply. Any fines levied by the above -mentioned authorities for failure to comply with these requirements shall be borne solely by the Contractor. 12. SAFETY MEASURES. Contractor shall take all necessary precautions for the safety of pedestrians and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Contractor to follow all OSHA Safety Standards. Danger signs warning against hazards created by his/ her operation and work in progress must be posted. All employees of the Contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/ or vehicles are in close proximity and work shall cease until it is safe to proceed. GARLAND/DBS, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 13. WARRANTY OF GOODS AND SERVICES. A. The Contractor shall warrant the Work and labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. B. Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. C. Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment, covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 14. DEFECTIVE WORK. A The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non -defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. B. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. C. If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special GARLAND/DBS, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. D. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. E. Where the City or its designee becomes aware of faults, defects or non -conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 15. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time GARLAND/DBS, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax by giving Contractor ten (10) days written notice. The terms of Paragraph A(1) and A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 16. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which this Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 17. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend, City and its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 18. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, Contractor AND CITY HEREBY EXPRESSLY GARLAND/DBS, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 19. BACKGROUND CHECKS. Prior to performing the Work pursuant to the Agreement, all managers and employees of Contractor, any independent contractors, and any subcontractors (collectively "Personnel") shall be required to undergo a criminal background check consisting of a Florida Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime Information Center ("FCICNCIC") criminal records check. Any Personnel not meeting this requirement will not be permitted to perform any Work under this Agreement: The aforementioned criminal background check shall be performed through the City's Human Resources Department, at the Contractor's sole cost and expense. Failure of Contractor to comply with the provisions of this section, herein, shall be cause for termination of the Agreement. 20. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either parry to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: 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 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris sibfl.net aboileau n nlaw.com If to the Brian Lambert, President Contractor: 3800 East 91st Street Cleveland, Ohio 44105 Tel: (850) 544-7991 blamberta arlandind.com 21. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. GARLAND/DBS, INC. 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in 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 by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4tn Floor, Sunny Isles Beach, Florida 33160. 22. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 23. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 24. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code GARLAND/DBS, INC. 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax of Ordinances of the City of Sunny Isles Beach, as amended, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 25. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 26. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachments "A" or `B." 27. 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. Contractors 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. Contractors 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 Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor 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. 28. E-VERIFY. 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 GARLAND/DBS, INC. 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E-Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Exhibit "C." 29. HUMAN TRAFFICKING. 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. 30. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements, and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] GARLAND/DBS, INC. 13 OFFICER'S CERTIFICATE GARLAND/DBS, INC. December 4, 2024 I, Brian Lambert, do hereby certify that I am the duly appointed, qualified, and acting President of Garland/DBS; Inc., a Delaware corporation (the "Company"), and that I am authorized to execute and deliver this certificate on behalf of the Company and do hereby certify on behalf of the Company as follows; (1) As of the date hereof, each person named below, the signature set forth opposite his or her name is his or her genuine signature and they are fully authorized to execute documents on behalf of the Company. Name/Office Ron Seitz, Director of Construction Signature IN WITNESS WHEREOF, the undersigned has caused this Certificate to be executed and delivered on the date first written above. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. eeeeee0000a�ol@® \\,•�PNp/DBS �o,�o �Q-;Go�PORgTF.'1'�'zsGARLAND/DBS, INC. e �r • e • _ !SE• s 2009 z By - STATE OF COUNTY OFC,3 The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of April 2026, by —4be as of Garland/DBS�eI= L7'oa-�Ct'f'Z. a� y Personally Known or Produced Identification Type of Identification Produced: COh�vG��� tart' Public, State of.F.— ,o A /j a (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) C [ADDITIONAL SIGNATURE PAGE TO FOLLOW] GARLAND/DBS, INC. 14 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax A. TEST CITY OF SUNN SLE BEACH J Y: BY: Mau cio Betanc r Larisa Svechin, Mayor MM CMC'City Clerk Department Head APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: lei Alain E. 901 eau, for Nabors, Giblin & Nickerson, P.A., City Attorney GARLAND/DBS, INC. 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A GARLAND/DBS, INC. 16 Garland/DBS, Inc. 3800 East 91 st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Sunny Isles Parking Garage 18070 Collins Ave. Sunny. Isles Beach, FL 33160 Date Submitted: 3/09/2026 Proposal #: 25-FL-250890 MICPA # PW1925 Florida General Contractor License #: CGC153367 Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line item pricing breakdown from Attachment C: Bid Form should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market -adjusted price whenever possible. Scope of Work: 1. Prepare the concrete deck by removing any and all surface contaminants. Concrete surfaces must be thoroughly clean, dry and free from any surface contaminates or cleaning residue. Contractor shall employ shot-blasting and mechanical grinding followed by the complete removal of any residue. 2. Apply one coat of the specified primer by roller at the rate specified. Allow sufficient drying time. Refer to Specification. 3. Detail Work: Apply a 4" wide application of primer followed by a 23 mil detail coat of polyurea base coat at all cracks, transitions, movement joints, control joints and cove joints. 4. Base Coat: Install 32 mil application of polyurea base coat at the rate of 50 sq. ft./gal. in low humidity conditions 5. Intermediate Coat: Install 15 mil application of polyurea top coat at the rate of 110 sq. ft./gal. in low humidity conditions. 6. Apply one additional coat of intermediate coat at all ramps and radius areas. Refer to specifications. 7. Top/Finish Coat: Install 18 mil application of polyurea top coat in the desired color at the rate of 90 sq. ft./gal. in low humidity conditions (< 75% R.H.) with a notched squeegee. While coating is still wet, broadcast 16/30 rounded sand aggregate uniformly into wet coating with a seed . spreader at a rate of 15-20 lbs./l00 sq. ft. 8. Applicator must use care and adjust coverage rates coats as required. for a smooth and uniform look. Some substrates require additional coats at lower application rates. 9. Replace 3 expansion joints using like kind wing joint and following specifications. 10. Reinstall parking lines and signage using approved acrylic paint. Page 1 of 3 11. Raise 1 low area using an approved concrete filler 12. Install new base joint around the perimeter of all horizontal vertical joints as it pertains to this scope of work. Refer to page 3. 13. If parking stops are unable to be reused, they will be replaced at the line item cost. 14. Garland to Issue a ten (10) year warranty will require an inspection and re -application of manufacturer's interlaminary primer and aliphatic top coat at five (5) years. This recoat will require prepping the existing coating and applying each product per the manufacturer's specifications. Installer to issue Garland a 2 year warranty for labor / installation. Attachment C: Bid Form - Line Item Pricing Breakdown Item # Item Description Unit Price Quantity Unit Extended Price Cleaning & Caulking: Pressure Wash with TSP or 23.03 Simple Green to Clean Horizontal Surfaces $ 1.53 37,000 SF $ 56,721.00 FLUID APPLIED WATERPROOFING MEMBRANE SYSTEMS WITH POLYURETHANE RESIN COATINGS: POLYURETHANE COATINGS DIRECT 18.01.03 TO PRIMED CONCRETE SUBSTRATE (INCLUDE PRIMER FOR CONCRETE SUBSTRATE) FLUID APPLIED MEMBRANE SYSTEM: Three Coat Reinforced System $ 26.47 1 37,000 ISF 1 $ 979,408.50 Sub Prior to Multiplies = I 1-Total $ 1,036,129.60 :. Base Bid Total Maximum Price of Line Items under the MICPA: $ 1,036,130 Proposal Pr�c'e Based Upon Market Experience ..._._,_ v _y W y $ u 844385 Garland/DBS Price Based Upon Local Market Competition: Green Glades Precision $ 864,400 $ 871,790 Scope of Work: 1. Pressure wash the inside / outside of the parking garage. No repairs, sealants, etc have been included. Garland/DBS Price Based Upon Local Market Competition: Page 2 of 3 Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Please Note — The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation. Clarifications/Exclusions: 1. Permits are included. 2. Plumbing, Mechanical, Electrical work is excluded. 3. Masonry work is included to which it obtains to the scope of work. 4. Interior Temporary protection is excluded. 5. Any work not exclusively described in the above proposal scope of work is excluded. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Nathan Parker Garland/DBS, Inc. (216)302-3791 Page 3 of 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B GARLAND/DBS, INC. 17 u _ •� CONTRACTOR ANTI -BOYCOTT CERTIFICATION �R p Cfp OPS MpNp 4� [PURSUANT TO FLORIDA STATUTE § 287.135] l , a� I, , on behalf of �Ad Print Name Company Name certifies that 4_"A) J�� S,,�C , 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. Signa ugin Title 1 i-7•ZoZG Date ���d6ss`ioe�®o�sp bd �,��ID/pe''•� rylc 90 e�...... 4thb..e•. G0RP0�T� Zn � • s r 0 e � Zoos .; bar "•;ZgWAR,F,° v� City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C GARLAND/DBS, INC. 18 E-Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e-verify.gov/employers/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. l 65 �• tt°%%%eaoeos000 Company Name 0e°°PFL�u14.,,,,,,• o : ' pRPO�•. cy 7- Offeror e Day 2009 6 Federal Employer Identification Number (FEIN) Notary Public Information Sworn to and subscribed before me on this this _ZZday of ti / 2026. By Z Is 2personally known to me ❑ Has produced identification (type of identification produced: SigtteFAwre of NotaryPublic 4/ ,, b t�� "Print or Stamp of Notary Public Expiration Date A's-5.1 °° lot �pSARYrPUgy� oso e e � aO •'s� 91�',�ee, oovO,I�!I:OF,d ,°°° City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment D GARLAND/DBS, INC. 19 O�SVr1NY rS`Fsd y F � n �n •`yf DDT' FL00.� `'" 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). p000000eee 2. The undersigned is authorized to execute this affidavit on behalf of Entity. °°o°° oeea F on o Date: Y' , 20 �� Signed: M e m Entity: Name: • 2009 Title: ► °° eeoe00000•0°0° STATE OF O COUNTY OF 1,40 The foregoing instrument was acknowledged before me, by means of physical presence or ❑ onli a notarization, this � day of 209, by as ;F- C&4°oeeeoeoee�g� N ARYp who is persp�ijl. pyu' me or who has produced as identification. �•.` !.�/`�o� •v Notary Public Signature State da'at L 6. aame,ej�o w Print Name: ci t t �6bJ My commission expires: l /'-s' ��2� FLO f%t OF 5.04 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: April 16, 2026 RE: Agreement with The Garland Company Inc. for Seal Coating and Pressure washing Services of the Government Center Parking Garage RECOMMENDATION: Staff presents this item for Commission.approval. REASONS: Staff requests authorization to piggyback an existing competitively solicited contract with Garland/DBS, Inc. for seal coating, waterproofing and pressure washing the inside and outside of the Government Center Parking Garage. Over time, waterproofing systems deteriorate, resulting in leaks that may compromise the integrity of the structure and create maintenance concerns. The Government Center Parking Garage is due for service to remove the old surface, clean and reseal to prevent prolonged exposure to weather and environmental conditions. The proposed project will consist of cleaning and preparing the garage deck surfaces, repairing identified cracks and damaged areas, and applying a new seal coating and waterproofing system designed to protect the structure from water intrusion and deterioration. Utilizing the OMNIA Partners Intergovernmental Cooperative Purchasing Agreement No. PW1925 with Garland/DBS, Inc. allows the City to expedite the procurement process while ensuring competitive pricing through a previously solicited contract that meets the City's purchasing requirements. Approval of this Resolution will allow the City to proceed with the necessary repairs to preserve the structural integrity of the parking garage, extend the life of the facility, and prevent deterioration in an amount of $8SS,489 with a 10% contingency ($85,548.90) for a total amount not to exceed of $941,037.90. Item Number: 9.1) 206 ADDITIONAL INFORMATION: Why Action is Necessary: Pursuant to Chapter 62, Section 62-13 Exception to Bid Requirements, (C) Bids and Contracts from Other entities, and Section 62-7, the City Manager is authorized to procure all supplies, materials, equipment, and services from other governmental units, when the best interests of the City would be served subject to the requirement that any purchase in excess of $50,000 requires City Commission approval. Garland has an itemized pricing sheet under the OMNIA contract. Garland may either honor the OMNIA contract line -item pricing and serve as the primary General Contractor, or "solicit bids" from local qualified contractors. If a subcontractor's bid is lowerthan the OMNIA contract line -item pricing, the agency has the option to proceed either directly with Garland or contract with Garland with the understanding that a subcontractor will be utilized. Based on this information andthorough review, the procurement requirements have been satisfied. FUNDING SOURCE: Funds have been appropriated in Account No. 001-5-5391-446003-00000. ATTACHMENTS: Resolution Agreement - Garland DBS Item Number: 9.1) 207