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R25-233 RESOLUTION NO. R25-233 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 25-071B FOR 3 COQUINA COVE DRAINAGE IMPROVEMENT PROJECT TO SOUTHERN 4 UNDERGROUND INDUSTRIES, INC., APPROVING THE AGREEMENT 5 BETWEEN THE CITY AND SOUTHERN UNDERGROUND INDUSTRIES, 6 INC., IN THE AMOUNT OF $5,872,846 WITH AN ADDITIONAL 10% 7 CONTINGENCY IN THE AMOUNT OF $587,284.60 FOR A TOTAL NOT- 8 TO-EXCEED AMOUNT OF $6,460,130.60, AND APPROVING A BUDGET 9 TRANSFER TO ALLOCATE SUFFICIENT FUNDING FOR THIS PROJECT; 10 AND FOR ALL OTHER PURPOSES. 11 12 13 WHEREAS, the City's Utilities Department is undertaking infrastructure improvements to 14 enhance utility services and mitigate flooding; and 15 WHEREAS, the City's Utilities Department developed specifications to seek qualified 16 contractors for utility and drainage improvements, including a new outfall and lift station 17 rehabilitation, funded in part by the FDEP Resilient Florida Grant Program; and 18 WHEREAS, on July 1, 2025, the Purchasing Division issued an Invitation to Bid ("ITB") No. 19 25-071 B for the Coquina Cove Drainage Improvement Project—Grant Funded ("Project"); and 20 WHEREAS, Southern Underground Industries, Inc. ("Contractor") responded to the ITB by 21 submitting its Bid dated July 31, 2025; and 22 WHEREAS, the City has selected the Contractor to perform construction services related 23 to the Project; and 24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 25 best interests of the City's citizens and residents to award Invitation to Bid No. 25-071B for 26 Coquina Cove Drainage Improvement Project to Southern Underground Industries, Inc., approve 27 the Agreement between the City and Southern Underground Industries, Inc., in the amount of 28 $5,872,846 with an additional 10% contingency in the amount of $587,284.60 for a total not-to- 29 exceed amount of $6,460,130.60, and approve a budget transfer to allocate sufficient funding for 30 this project. 31 32 33 RESOLUTION NO. R25-233 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 35 BEACH, FLORIDA, THAT: 36 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption. 38 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 39 award ITB No. 25-071B for Coquina Cove Drainage Improvement Project to Southern 40 Underground Industries, Inc. 41 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 42 approve an Agreement for ITB No. 25-071B for Coquina Cove Drainage Improvement Project 43 between the City and Southern Underground Industries, Inc., in the amount of$5,872,846 with an 44 additional 10% contingency in the amount of $587,284.60 for a total not-to-exceed amount of 45 $6,460,130.60 (the "Agreement"), in form and substance similar to that attached as Exhibit A. 46 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 47 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 48 ancillary documents required under the Agreement or necessary to accomplish the purposes of 49 the Agreement, including any term extensions as provided in the Agreement, provided such 50 documents do not modify the financial terms or material terms. 51 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 52 of the City. A copy of the fully executed Agreement shall be provided to Eduardo Garcia to forward 53 to the Contractor. 54 SECTION 6. This Resolution shall take effect in accordance with the law. 55 56 57 [SIGNATURES ON THE FOLLOWING PAGE] 58 RESOLUTION NO. R25-233 59 PASSED AND ADOPTED this day ofSe.,-0)e-rn,bi-ei' 2025. 60 CITY OF BOYNTON BEACH, FLORIDA 61 YES NO 62 Mayor- Rebecca Shelton -PrbS1+ 63 64 Vice Mayor-Woodrow L. Hay 65 66 Commissioner-Angela Cruz 7 67 68 Commissioner-Thomas Turkin 69 70 Commissioner-Aimee Kelley 71 72 VOTE (-- 'C 73 ATT 74 75 Q0-QCC)� � �j76 Maylee De J s"s, MPA, MRebecca Shelton 77 City Clerk' Mayor 78 79 =i ,OYNT 3 APPROVED AS TO FORM: 80 (Corporate Seal) �. ..••�;oRPoki/..,s, 14 81 : SEAL _., / / 82 1 INCORPORATED: ; Jaa/44 I J,�J 83 ' S. 1920 Shawna G. Lamb 84 ��t City Attorney �'�.' O.RIDP City of Boynton Beach Purchasing Division AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SOUTHERN UNDERGROUND INDUSTRIES, INC. FOR COQUINA COVE DRAINAGE IMPROVEMENT PROJECT This Construction Contract (the "Agreement") is entered into by and between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "City," and Southern Underground Industries, Inc., a corporation authorized to do business in the State of Florida, with a business address of 794 S. Military Trail, Deerfield Beach, FL 33442, hereinafter referred to as the "Contractor," (each a "Party" and collectively the "Parties"). WHEREAS, the City's Utilities Department is undertaking infrastructure improvements to enhance utility services and mitigate flooding; and WHEREAS, the City's Utilities Department developed specifications to seek qualified contractors for utility and drainage improvements, including a new outfall and lift station rehabilitation, funded in part by the FDEP Resilient Florida Grant Program; and WHEREAS, on July 1, 2025, the Purchasing Division issued an Invitation to Bid (the"ITB") No. 25-071 B for the Coquina Cove Drainage Improvement Project—Grant Funded (the"Project"); and WHEREAS, Contractor responded to the ITB by submitting its Bid dated July 31, 2025 (the "Bid"); and WHEREAS, the City has selected the Contractor to perform construction services related to the Project; and, WHEREAS, at its meeting of September 2, 2025, by Resolution No. gaS--233, the City Commission approved this award to the Contractor and authorized the proper City officials to execute this Agreement. NOW, THEREFORE, City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. The Contractor shall furnish all construction services necessary for the complete and proper construction of the Project, if not expressly indicated or called for in the Contract Documents (as defined in Article 10 below), and includes all labor, equipment, machinery, tools, materials, manufactured articles, supplies, documents, permits, traffic control, transportation, security, and other services and incidentals, including fuel, power, light, water, sanitary facilities, temporary facilities, and essential communications, and the costs of bonds, insurance, permitting, taxes warranties, general conditions, overhead and miscellaneous costs or expenses, necessary to construct the Project as described in the ITB and shown in the Contract Drawings and described in the technical specifications for the Project, and to fulfill Contractor's obligations under this Agreement as described in the Scope of Work detailed in the ITB (collectively the "Project" or the "Work"). 25-0718 Coquina Cove Drainage Improvement Project—Grant Funded 1 Y�R s = O V City of Boynton Beach Purchasing Division Article 2. CONSULTANT. Shall mean AECOM Technical Services. Inc., who has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to the Consultant in connection with the completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME, TERMINATION, LIQUIDATED DAMAGES. 3.1 Contract Time. Time is of the essence for this Agreement. The Contractor shall proceed with the Work and conform to the Project Schedule attached as Exhibit A. Work shall commence on the date Notice to Proceed is issued by the City and be fully completed in accordance with the General Conditions, with such extensions of time as are provided in the General Conditions (the "Contract Time"). The Work will be substantially completed within Three Hundred Forty-Four (344) calendar days from the issuance of Notice to Proceed when the Contract Time commences to run as provided in Paragraph 2.3 of the General Conditions and completed and ready for final inspection and payment in accordance with Paragraph 14.9 of the General Conditions within Thirty (30) calendar days from the date of Substantial Completion (the "Contract Time"). 3.2 Termination for Convenience. This Agreement may be terminated in whole or in part by City for convenience, without cause, upon providing seven (7) business days' written notice to Contractor for such termination in accordance with Paragraph 15.3 of the General Conditions. Upon such termination, the Contract Price earned to the date of termination shall be paid to the Contractor, but the Contractor waives any claim for damages, including loss of profits, arising out of or related to the early termination. Contractor may not recover overhead or profit for Work not performed. Those Agreement provisions that, by their nature, survive final payment shall remain in full force and effect. 3.3 Termination for Cause. In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained or as set forth in Paragraph 15.2 of the General Conditions, if such neglect or failure shall continue for thirty(30)days after receipt by Contractor of written notice of such neglect or failure. If Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify City against loss pertaining to this termination. If the City terminates this Agreement for cause, the Contractor shall not be relieved from any of its obligations under the Contract Documents and shall not be entitled to receive any further payment until the City's costs to complete the Work are determined. In no event shall the Contractor receive any payment for Work finished by the City. The City shall determine its costs incurred in completing the Work, including fees and charges to contractors, fees of engineers/architects, attorney and other professional fees, court costs, and other damages incurred by the City. The City shall not be required to obtain the lowest price for the Work to be performed, but the costs paid by the City must be reasonable. If the Contract Price exceeds the City's costs to finish the Work, the City shall retain the excess. If the City's costs exceed the unpaid balance, the Contractor shall pay the difference to the City. This obligation for payment shall survive the termination of this Agreement and final payment. 25-071B Coquina Cove Drainage Improvement Project-Grant Funded 2 s City of Boynton Beach Purchasing Division If the Contractor's Surety is directed or agrees to complete the Work, all payments due after termination shall be made to the Surety until the Work is complete and/or the Contract price has been expended. The Surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Agreement, and the Bond to fulfill all obligations of the Contract Documents for the Contract Price in effect as of termination. The Surety may not assign those obligations without the City's written consent. The Surety shall be responsible for paying all costs relating to the Contractor's termination. Contractor and its Surety shall be jointly and severally liable for all costs over the Contract Price for completion of the Work and Liquidated Damages. If, upon termination for cause, it is determined that the Contractor was not in default, the rights and obligations of the Parties shall be as if the notice of termination had been issued for the City's convenience. 3.4 Contractor Obligations Upon Termination. Upon receipt of written notice from City of termination, Contractor shall: (i)cease operations as directed by City in the notice; (ii)take actions necessary, or that City may direct for the protection and preservation of the Work; (iii)except for Work directed to be performed before the effective date of termination stated in the notice, and if directed by City, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and (iv) turn over all marked up Construction Drawings and record set documents showing progress to date. The City may assume and become liable at its sole discretion for obligations, commitments, and unsettled contractual claims that the Contractor has previously undertaken or incurred in good faith in connection with said project. City shall reimburse Contractor for any unpaid and earned project cost as of the termination date, less damages or setoffs applicable under the Contract Documents. The Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps, including the legal assignment of its contractual rights, as the City may require for fully vesting in it the rights and benefits of the Contractor under such obligations or commitments. 3.5 Liquidated Damages. The City and Contractor recognize and acknowledge that time is of the essence for the Contractor's performance of this Agreement and that the City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The Contractor shall pay the City One Thousand Eight Hundred Dollars and Zero Cents ($1.800.00) per calendar day for each day or part of a day after scheduled substantial completion, as specified in Paragraph 3.1 that Substantial Completion is not achieved until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City, Contractor shall pay City Four Hundred Fifty Dollars and Zero Cents ($450.00) per calendar day for each day or part of a day that final completion is not achieved after the time specified in Paragraph 3.1 for final completion and readiness for final payment. (the "Liquidated Damages"). 25-071B Coquina Cove Drainage Improvement Project-Grant Funded 3 City of Boynton Beach f Purchasing Division The Contractor further acknowledges that the City is entitled to deduct any Liquidated Damages to which the City is entitled from the final payment to the Contractor. If the amount of Liquidated Damages due to the City exceeds the final payment amount, the Contractor shall pay the difference to the City. This obligation for payment shall survive the expiration or termination of this Agreement and final payment. The City does not waive any rights or other remedies under this Agreement by collecting Liquidated Damages. Liquidated Damages will continue to be charged in the event of the Contractor's default and continuation of the Work by City or Surety. The Parties agree that the amounts established in this section are not penalties but are Liquidated Damages to the City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated Damages are hereby fixed and agreed upon between the Parties based on (1) mutual recognition of the impossibility of precisely ascertaining the amount of damages that the City will sustain as a consequence of the Contractor's failure to obtain Substantial Completion, Final Completion, or both timely; and (2) both Parties' desire to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to achieve Substantial Completion, Final Completion, or both, on time. These Liquidated Damages shall apply separately to each portion of the Project for which a deadline for Substantial Completion, Final Completion, or both is given. Liquidated Damages do not address costs incurred by the City or Consultant in having the Consultant administer the construction of the Project beyond the deadlines for Substantial Completion, Final Completion, or both. The Contractor is separately responsible to the City for the actual costs referenced above, pursuant to Article 13. Article 4. CONTRACT PRICE. The City agrees to pay the Contractor for the completion of all Work and the Project, and the Contractor will accept, as full compensation for the completion of the Work, a total sum as follows: Based on the Contract Price(s) shown in the Bid Form submitted to the City as may have been subsequently negotiated and as stated herein, a copy of such Bid Form attached hereto as Exhibit B, the aggregate amount of this Agreement(obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Five Million Eight Hundred Seventy-Two Thousand Eight Hundred Forty-Six Dollars and Zero Cents ($5.872.846.00) (the "Contract Price"), subject only to adjustment as provided in the General Conditions. Contingency Funds. All contingency sums are the City's contingency and remain the City's property until the expense is approved. The Contract Price shall not include any contingency amounts. If this Agreement or schedule of bid prices includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the City's funds. The City may approve the use of contingency funds only to defray expenses due to unforeseen conditions, extra work, and circumstances relating to construction, unless otherwise agreed. Such contingency funds are not for use by the Contractor to cover shortfalls in the Contractor's bid amount, nor for use by the City to increase the scope of work. Contractor shall obtain prior written approval from the City before the expenditure of contingency funds, and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances before the release of such funds by the City. All uncommitted contingency funds remain the funds of the City. 25-071 B Coquina Cove Drainage Improvement Project-Grant Funded 4 t rr City of Boynton Beach ` Purchasing Division Continaencv. City and Contractor agree that the Project budget shall include City's contingency, which shall be utilized as outlined above. The Contingency shall be 10% or $587,284.60 to account for any unforeseen conditions only approved by the City Manager. Article 5. PAYMENT PROCEDURES. The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. The City will process Applications for Payment as provided in the General Conditions. 5.1 Proaress Payments. A. The Contractor may submit an Application for Payment as recommended by the Consultant for Work completed at intervals of no more than once a month.All progress payments will be based on the progress of Work measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and, in the case of Unit Price Work, based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. The Schedule of Values must be reviewed and approved by the City before the first Application for Payment is submitted B. Before Substantial Completion, progress payments will be made in an amount equal to 95% of the Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as the Consultant shall determine, or the City may withhold, in accordance with Paragraph 14.5 of the General Conditions. C. Contractor shall submit with each Application for Payment, an updated progress schedule acceptable to the City and a Warranty of Title/Release of Liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the City for approval. The City shall pay the Contractor within thirty (30) calendar days after approval by the City of the Contractor's Application for Payment and submission of an acceptable updated progress schedule. 5.2 Withheld Payments. The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss if: a. Defective Work or material is not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. c. The Contractor fails to properly pay subcontractors for materials or labor or vendors and manufacturers for equipment, supplies, and materials. d. Damage to the City or another Contractor that remains unresolved. e. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. f. Reasonable evidence that the Work cannot be completed within the schedule. g. Repeated failures to carry out the Work in accordance with the Contract Documents. h. The Contractor is in default of any condition of this Agreement. i. The Contractor fails to submit information required by this Agreement. j. Lapse of Contractor's insurance coverage. 25-071B Coquina Cove Drainage Improvement Project-Grant Funded 5 City of Boynton Beach ` Purchasing Division k. Claims filed or reasonable evidence indicating public filing of claims by the City or third parties against the Contractor. I. The City has the right to claim Liquidated Damages or costs incurred by the City for extended construction administration. m. Failure of Contractor to provide any document(s) required by the Contract Documents. When the above grounds are removed or resolved, or the Contractor provides a Performance Bond, Surety Bond, or consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 5.3 Retainage. All retainage shall be withheld in accordance with Florida law, including but not limited to Sections 255.077 and 255.078, Fla. Stat. The City shall withhold retainage of five percent (5%) of all monies earned by the Contractor from each progress payment paid to the Contractor until Final Completion of the Work (defined as that point at which the Contractor has performed one hundred percent(100%)of the Work) has been reached and acceptance by City. Within 30 calendar days after reaching the earlier of substantial completion or beneficial occupancy, the City and the Contractor will inspect the Work and develop a punch list covering those items required to render complete, satisfactory, and acceptable Work. The punch list will include a schedule of values that provides the estimated cost to complete each item on the punch list. If the City and Contractor cannot agree on an item or value, the City has final discretion on whether to include an item and the amount for valuation of the cost to complete each item on the punch list. Within twenty (20) business days after the creation of the final punch list, the City shall pay the Contractor the remaining contract balance, including any retainage, less one hundred fifty percent(150%)of the amount listed in the final punch as the cost to complete the punch list items. Upon final acceptance for an item or all items, the 150 percent withheld for each item will be released with the final payment. For projects valued at $10 million or more, the 30 calendar days may be extended to 45 calendar days. If the City has grounds under Florida law to continue to retain all or a portion of the requested retainage, the City may continue to hold all retainage. If the Work is not on schedule when the request for payment of retainage is submitted, the City may continue to hold all retainage and charge the Contractor all applicable Liquidated Damages authorized by Article 3 above. 5.4 Final Payment. Upon completion of all requirements for substantial completion and final completion and acceptance of the Work in accordance with Paragraph 14.10 of the General Conditions, the City shall pay the remainder of the Contract Price and release any retainage, as recommended by the Consultant as provided in Paragraph 14.10. The Contractor acknowledges that final payment shall not be made until the City receives a consent of Surety. Additionally, before final payment, the Contractor shall submit a final waiver and release of lien, as well as final releases from all suppliers and subcontractors who worked on the Project. The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled. If the Contractor fails to submit all documents required for final payment within one (1) year after final completion, any amounts owed as final 25-071B Coquina Cove Drainage Improvement Project-Grant Funded 6 t (� City of Boynton Beach f Purchasing Division payment shall be forfeited. The City shall provide written notice to the Contractor at least sixty(60)days before forfeiture. Forfeiture will not apply to documents that are the subject of existing claims or pending legal proceedings. 5.5 Local Government Prompt Payment Act. All payments shall be governed by the Local Government Prompt Payment Act, as outlined in Part VII, Chapter 218, Fla. Stat. 5.6 Payment Where Public Construction Bond Required. If this Agreement requires the Contractor to provide a Public Construction Bond of Performance and Payment Bonds, no payment shall be made by the City to the Contractor until the Contractor has provided the City with a certified copy of the Bond(s) evidencing that said Bond(s) have been recorded with the Clerk of the Courts in the Public Records of Palm Beach County, in accordance with Section 255.05, Fla. Stat. Article 6. BONDS. The Contractor shall provide bonds in accordance with Article 5 of the General Conditions. 6.1 Performance Bond. In accordance with the provisions of Section 255.05, Fla. Stat., and as required by the Contract Documents, the Contractor shall provide, on forms furnished by the City, a Public Construction Bond in an amount not less than the total Contract Price by a Surety Company acceptable to City. The Bond shall guarantee the Contractor's performance and payments to all claimants, as defined in Section 255.05(1), Fla. Stat., supplying the Contractor with labor, materials, or supplies used directly or indirectly in the Work provided for in this Agreement. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, the Contractor agrees that the following language shall be expressly included within the language of its Bond: "The Surety expressly agrees to be bound by all terms and conditions related to Liquidated Damages, delay and time, or impact-related damages. The Surety shall be bound by the warranty or warranties contained in the Contract Documents and shall be responsible for any and all warranty obligations or damages resulting from latent defects or deficiencies in the Work performed under this Agreement. The Surety waives all rights against the City and its agents and employees for damages or other causes of loss by the Surety's performance of its obligations under this Bond, including claims by Surety against the City for costs it asserts were not warranted by the Contract Documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by City as fiduciary." 6.2 Performance Bond and Payment Bond. Alternatively, the City may accept a Performance Bond and a Payment Bond, each in the amount not less than the total Contract Price, by a Surety acceptable to the City, on a form furnished by, or acceptable to, the City, instead of the Public Construction Bond. 6.3 Recording of Bond. Within ten days after receipt of the fully executed contract, the Contractor shall record its Bond(s)in the public records of Palm Beach County and provide a certified copy of the recorded Bond to the City in accordance with Section 255.05, Fla. Stat. 25-071B Coquina Cove Drainage Improvement Project-Grant Funded 7 o � City of Boynton Beach ��oe•`� Purchasing Division 6.4 Surety. To be acceptable to the City, a Surety Company shall comply with the following provisions: (1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The Surety Company shall have a valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. (3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code when the Contractor submits its Bid. (5) The Surety Company shall have at least the ratings of A-/Class V. (6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten percent (10%) of its surplus to policyholders. Article 7. CONTRACTOR GUARANTEE. For one (1) year after the date of Final Completion of the complete Work (and not from final completion of component parts of the Work) or for such longer periods as may be set forth with respect to specific warranties contained in the specifications (the "Warranty Period"), Contractor warrants to City that the Work will conform to the requirements of the Contract Documents and will be free from defects and fit for the purpose for which they were intended. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by or under the Contractor, improper or insufficient maintenance by the City, improper operation by the City, or normal wear and tear and regular usage. Warranty by Contractor shall not be construed as a waiver by City of any other contract or legal remedy. Article 8. CHANGE ORDER. Except as otherwise provided in the General Conditions, this Agreement shall only be modified by a written Change Order executed by the Contractor and City. Commencing Work without a written Change Order or Change Directive executed by the City before the commencement of Work waives any claim by the Contractor to an adjustment to the Contract Price and the Contract Time related to such Work. It is expressly and specifically agreed that any and all claims for changes to the Contract Time due to delay shall be waived if not submitted in strict accordance with the requirements of the General Conditions. The Contractor waives all of its rights, including, but not limited to, claims for Contract Time and Contract Price adjustments if the Contractor fails to strictly comply with the requirements of the General Conditions. Article 9. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality, and 25-071B Coquina Cove Drainage Improvement Project-Grant Funded 8 y City of Boynton Beach Purchasing Division quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the Work, and the general and local conditions. Execution of this Agreement by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by the City, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. The Contractor deems its inspection of the site and review of information furnished by the City to be an adequate investigation. The Contractor represents that the plans and specifications are consistent, practical, feasible, and constructible within the scheduled construction time.The Contractor affirmatively covenants that the Contractor has observed no defects or discrepancies in the plans, specifications, or site and that if, during construction, any discrepancies, defects, etc., are discovered by or made known to the Contractor, the Contractor shall immediately communicate the same to the City. Article 10. CONTRACT DOCUMENTS. The term "Contract Documents" shall include all the terms and conditions and Project requirements contained in this Agreement, the Invitation to Bid, and the following documents, all of which,taken together, are incorporated herein and form the Contract Documents. The Contract Documents constitute the entire agreement between the Contractor and City and supersedes all prior verbal and written agreements, understandings, negotiations, and discussions between the Parties. The terms and conditions of any Invitation to Bid issued regarding the Project and Work is incorporated herein and made a part of this Agreement. No verbal agreement or conversation with any City officer, agent, or employee before or after execution of this Agreement shall affect or modify any of the terms or obligations contained in any of the documents comprising this Agreement. For convenience, not all of the Contract Documents may be attached to this Agreement, but they make up the Contract Documents, regardless of whether they are attached. 10.1 Contract 10.2 Insurance Advisory 10.3 General Conditions of Construction 10.4 Invitation to Bid 10.5 Instructions to Proposers/ Bidders 10.6 Contractor's Bid (including the Bid, Schedule(s), Submission Requirements of Proposer/ Bidder, and all required certificates, affidavits, and other documentation) 10.7 Special Terms and Conditions 10.8 City Construction Standards and Details (available online at: PW Engineering: https://www.boynton-beach.org/760/Engineering-Standards-Manual and Utilities Engineering: https://www.boynton-beach.org/691/Utilities-Engineering-Division) 10.9 Attachment "A" —Technical Specifications/ Special Conditions 10.10 Contractor's Bid Bond, Performance, and Payment Bond The Contract Documents are complementary, and wherever possible, the provisions of the documents shall be construed to avoid conflicts between the provisions of the various documents. In the event of a conflict, the more specific or more recent document shall control, generally in the order provided above. 25-071B Coquina Cove Drainage Improvement Project-Grant Funded 9 OY City of Boynton Beach 0 Purchasing Division Article 11. NOTICE. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 If sent to the Contractor, it shall be mailed to: Southern Underground Industries 794 S Military Trait, Deerfield Beach,FL,33442 Article 12. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its commissioners, officers, employees and agents ("Indemnified Parties"), from and against any and all claims, obligations, liability, expenses, losses, and causes of action, including attorneys' fees and costs, to the extent the same are caused by: (i) an act, negligence, recklessness or intentional wrongful misconduct of Contractor or its subcontractors, or the officers, employees or agents of either, while engaged in or about the performance of the Work; or while in or about the project site or premises; (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of the Indemnified Parties or other contractors of City; (iii) arising out of the violation of federal, state, county, or municipal laws, ordinances, or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services rendered for labor or materials furnished in or for the performance of the Work. The extent of the Contractor's indemnification shall be limited to one and one-half(1 1/2) times the Contract Price or One Million Dollars ($1,000,000) per occurrence, whichever is greater. This paragraph shall not be construed to require the Contractor to indemnify the Indemnified Parties for such Indemnified Parties' own negligence or intentional acts. Nothing in this paragraph shall be construed as a contractual waiver by the City of the protections and limits of sovereign immunity under Section 768.28, Fla. Stat., nor a waiver of any defense the City may have and shall not be construed as consent to be sued by third parties based on any claims arising under this Agreement. Contractor and City agree that any liability of the City under this Agreement shall be limited to the amounts set forth in Section 728.68, Fla. Stat. This paragraph shall survive the expiration or termination of this Agreement. Article 13. REIMBURSEMENT OF CONSULTANT EXPENSES. 25-071B Coquina Cove Drainage Improvement Project-Grant Funded 10 City of Boynton Beach f Purchasing Division Should the completion of this Agreement be delayed beyond the specified or adjusted time limit, separate and apart from the Liquidated Damages stated in Section 3.5, the Contractor shall also reimburse the City for all expenses of consulting and inspection incurred by the City during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the City will be charged to the Contractor and deducted from payments due to the Contractor as provided by this Agreement. Said expenses shall be further defined as Consultant charges associated with the construction contract administration, including resident project representative costs. City may, but is not obligated to, deduct such costs from the monies due the Contractor for performance of Work under this Agreement using unilateral credit Change Orders issued by City as costs are incurred by the Consultant and agreed to by City. Article 14. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Fla. Stat. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the City to perform the service; b. Upon request from the City's custodian of public records, 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 in Chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, d. Upon completion of the Contract, the Contractor shall transfer to the City all public records in the Contractor's possession at no cost to the City. All records stored electronically by the Contractor must be provided to the City, upon request from the City's custodian of public records, in a format compatible with the City's information technology systems. e. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-606 CityClerk(a.bbfl.US Article 15. E-VERIFY. The Contractor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registering and using the E-Verify system to verify the work authorization status of employees. 25-071B Coquina Cove Drainage Improvement Project—Grant Funded 11 City of Boynton Beach Purchasing Division Failure to comply with Section 448.095, Fla. Stat., shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the termination date. If this Agreement is terminated for the Contractor's violation of the statute, the Contractor may not be awarded a public contract for one (1)year after the termination date. Article 16. REPRESENTATIONS OF CONTRACTOR. 16.1 Authority. The Contractor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of the Contractor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that the Contractor has with any third party or violates applicable law. The Contractor further represents and warrants that execution of this Agreement is within the Contractor's legal powers, and each individual executing this Agreement on behalf of the Contractor is duly authorized by all necessary and appropriate action to do so on behalf of the Contractor and does so with full legal authority. The Contractor, by execution of this Agreement, binds itself, its partners, successors, assigns, and legal representatives to all covenants, agreements, and obligations contained in this Agreement. 16.2 Duly Licensed. The Contractor represents that it is duly licensed to perform the services under this Agreement and will continue to maintain all licenses and approvals required to conduct its business. 16.3 Compliance with Laws. The Contractor shall comply with all applicable City, State, and Federal laws relating to the scope of work under this Agreement, now or hereafter in effect. It shall not be grounds for a change order that the Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the Work. 16.4 Lobbying Certification. The Contractor certifies to the best of its knowledge and belief that no funds or other resources received from the state in connection with this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 16.5 Non-Collusion. In accordance with Section 838.22, Fla. Stat., the Contractor certifies that it has not entered into any agreement to commit a fraudulent, deceitful, unlawful, or wrongful act or any act which may result in an unfair advantage over other bidders or contractors. 16.6 Non-Discrimination. In performing under this Agreement, the Contractor shall not discriminate against any person because of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status, or sexual orientation. Contractor or its subcontractor shall not unlawfully discriminate (as proscribed by federal, state, county, city, and any other local law) against any employee, city employee working with Contractor or its subcontractor, or applicant for employment with such Contractor or subcontractor based on that person's race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability,familial status, marital status, or sexual orientation, or association with members of such protected classes. The Contractor and its subcontractor(s) shall take action to ensure that applicants are not discriminated against and that employees are treated equally during employment. 25-071B Coquina Cove Drainage Improvement Project-Grant Funded 12 City of Boynton Beach Purchasing Division 16.7 Entities of Foreiun Concern. The provisions of this section apply only if the Contractor or any subcontractor will have access to an individual's personal identifying information under this Agreement. The Contractor represents and certifies: (i) the Contractor is not owned by the government of a foreign country of concern; (ii)the government of a foreign country of concern does not have a controlling interest in the Contractor; and (iii) the Contractor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date, the Contractor and any subcontractor that will have access to personal identifying information shall submit to the City executed affidavit(s) under penalty of perjury, in a form approved by the City attesting that the entity does not meet any of the criteria in Section 287.138(2), Fla. Stat. Compliance with the requirements of this section is included in the requirements of a proper invoice for purposes of payment.Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Fla. Stat. 16.8 Anti-Human Trafficking. On or before the Effective Date, the Contractor shall provide the City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Fla. Stat. 16.9 Public Entity Crime Act. The Contractor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Fla. Stat., and represents that its entry into this Agreement will not violate that Act. The Contractor further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Fla. Stat., and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 16.10 Discriminatory Vendor and Scrutinized Companies Lists: Countries of Concern. Contractor represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Fla. Stat., and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Fla. Stat. Contractor represents and certifies that it is not, and for the duration of this Agreement will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Fla. Stat. Contractor represents that it is, and for the duration of this Agreement will remain, in compliance with Section 286.101, Fla. Stat. 16.11 Federal Labor / Employment Laws. In accordance with Section 255.20, Fla. Stat., the Contractor represents that it has not been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers' compensation, reemployment assistance or unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years. 16.12 Unauthorized Aliens. The knowing employment by the Contractor or its sub-contractors of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of this Agreement, which results in unilateral termination. The Contractor further represents that it is not in violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing. 25-071B Coquina Cove Drainage Improvement Project—Grant Funded 13 r City of Boynton Beach Purchasing Division 16.13 Safety and Environmental Laws. In performing the Work, the Contractor shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards, applicable environmental laws, and any other applicable rules, regulations, and permits. The Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel throughout the term of this Agreement. Upon request, the Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. 16.14 Continaencv Fee. The Contractor represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Fla. Stat., the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a), Fla. Stat., is deemed included and fully incorporated herein. 16.15 Truth-In-Negotiation Representation. The Contractor's compensation under this Agreement is based upon its representations to the City. The Contractor certifies that the wage rates, factual unit costs, and other information supplied to substantiate the Contractor's compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date the Contractor executes this Agreement. In its sole discretion, the Contractor's compensation may be reduced by the City to correct any inaccurate, incomplete, or noncurrent information provided to the City as the basis for the Contractor's compensation in this Agreement. Article 17. LIENS. The Contractor acknowledges that no liens may attach to the subject improvements and property as a public project. Nevertheless,the Contractor agrees to keep the project,the buildings thereon, and the property free of liens for or on account of any work done or materials furnished under this Agreement. In the event any such lien is filed, Contractor shall, within five (5) days after written notice by City, discharge the lien(s) or cause a satisfaction of such lien(s) to be recorded in the Public Records of Palm Beach County, Florida, or post a bond sufficient to release the lien(s)and cause the Clerk of the Circuit Court of Palm Beach County to discharge such lien, as may be appropriate. In the event Contractor fails to discharge or bond the lien(s), City shall have the right, but not the obligation, to discharge or bond the lien(s) and shall have the right to retain out of any payment then due or thereafter to become due to the Contractor, monies sufficient to discharge the amount of such lien(s) and City's costs and reasonable attorneys' fees incurred. Article 18. IRON AND STEEL PRODUCTS. If this Agreement is for a "public works project" as defined in Section 255.0993, Fla. Stat., then any iron or steel product permanently incorporated in the project must be produced in the United States, unless specifically exempted in writing by the City in accordance with Section 255.0993, Fla. Stat. Article 19. INSURANCE. 25-071 B Coquina Cove Drainage Improvement Project-Grant Funded 14 City of Boynton Beach Purchasing Division During the performance of the Work under this Agreement, the Contractor shall maintain the insurance policies required by the Insurance Advisory in the Contract Documents and the General Conditions and provide originals or certified copies of all policies to the City's Risk Manager. All policies shall be written by an insurance company authorized to do business in Florida. The Contractor shall be required to obtain all applicable insurance coverage before commencing any Work under this Agreement. Article 20. DEFAULT OF CONTRACT & REMEDIES. 20.1 Correction of Work. If in the judgment of the City, Work provided by the Contractor does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the Work to bring the Work into conformance without additional cost to City, and/or replace any personnel who fail to perform per the requirements of this Agreement. City shall be the sole judge of non-conformance and the quality of workmanship. 20.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by the Contractor: 20.2.1 The abandonment of the project by the Contractor for more than seven (7) calendar days. 20.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement, or neglect or refusal to comply with the instructions of the City's designee. 20.2.3 The failure by Contractor to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by Contractor, where such failure shall continue for seven (7) calendar days after written notice thereof by City to Contractor; provided, however, that if the nature of Contractor's default is such that more than seven (7)calendar days are reasonably required for its cure, then Contractor shall not be deemed to be in default if Contractor commences such cure within said seven (7) calendar day period and thereafter diligently prosecutes such cure to completion. 20.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by Contractor or any other party in a manner not expressly permitted hereunder. 20.2.5 The making by the Contractor of any general assignment or general arrangement for the benefit of creditors, or the filing by or against Contractor of a petition to have Contractor adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Contractor, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Contractor's assets, or for Contractor's interest in this Agreement, where possession is not restored to Contractor within thirty(30)days;for attachment, execution or other judicial seizure of substantially all of Contractor's assets, or for Contractor's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 25-071 B Coquina Cove Drainage Improvement Project—Grant Funded 15 City of Boynton Beach ` Purchasing Division 20.3 Remedies in Default. In case of default by the Contractor, the City shall notify the Contractor, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct the Contractor to comply with all provisions of the Agreement.A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within thirty(30) days of when the City sent notice, the City may declare a default of the Agreement and notify the Contractor of such declaration of default and terminate the Agreement for cause in accordance with Section 3.3 of the Agreement. The Surety on the Performance Bond shall, within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of the Contractor and proceed to perform services under the Agreement, at its own cost and expense. City shall have all other rights available at law, in equity, or as otherwise described in the General Conditions. Article 21. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or Section 768.28, Fla. Stat. Article 22. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, "Force Majeure Event"), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to prevent and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty(60)consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. Article 23. MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation outlined in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation outlined in this Agreement is substantial and essential to the formation of this Agreement, and each is, therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed as a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. Article 24. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor concerning the Work provided under this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties hereto. Neither Contractor nor 25-0718 Coquina Cove Drainage Improvement Project-Grant Funded 16 YO► s j O V City of Boynton Beach "'mow°`c Purchasing Division any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security, or for contributing to the state industrial insurance program, or otherwise assuming the duties of an employer with respect to the Contractor or any employee of the Contractor. The Contractor shall not have the right to bind the City to any obligation not expressly undertaken by the City under this Agreement. Article 25. OWNERSHIP AND USE OF DOCUMENTS. Any and all Construction Drawings produced for the City become the property of the City without additional payment by the City. The Contract Documents, in whole or in part, are to be used by the Contractor only for the Project and the Work and shall not be used by the Contractor for any other purpose without written authorization by the City. This prohibition shall survive the completion or termination of this Agreement. The Contractor may retain copies of Contract Documents for record purposes. For security reasons, building plans, construction drawings, security features, technical details, and specifications of City-owned facilities are not public documents. The Contractor may share these documents with employees and subcontractors as needed to perform the Work; however, the Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without the City's prior written approval. Upon expiration or termination of this Agreement, any and all Construction Drawings and documents shall become the property of the City and shall be delivered by the Contractor to the City within seven (7)days after expiration or termination. Any compensation due to the Contractor may be withheld until all documents are received as provided in this Agreement. Article 26. ATTORNEY'S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees, expenses, and court costs through trial and appeal. Article 27. ANTITRUST VIOLATOR VENDORS. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. Article 28. NOTIFICATION. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator 25-071 B Coquina Cove Drainage Improvement Project-Grant Funded 17 r p^ o � City of Boynton Beach `�p�°`~ Purchasing Division vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Article 29. WAIVER OF CHAPTER 558, FLORIDA STATUTES. Pursuant to Section 558.005(1), Fla. Stat., the Contractor and City agree to opt out of the requirements of Chapter 558, Fla. Stat. Article 30. SURVIVAL. The Contract Documents and the Contractor's obligation to perform corrective Work survive the final completion of the Work and final payment. Article 31. TERMINATION FOR NON-APPROPRIATION. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein, as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year before costs are incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the work or services to be rendered or paid for in succeeding fiscal years. If funds to finance this Agreement become unavailable, the City may terminate this Agreement without penalty on the last day of the fiscal period for which funds were legally available. The City shall be the sole and final authority regarding the availability of funds. Article 32. THIRD-PARTY BENEFICIARIES. Neither Contractor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. Article 33. GOVERNING LAW: JURISDICTION: VENUE: LITIGATION. 33.1 The Contract Documents shall be construed and interpreted, and the rights of the Parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. 33.2 The Contractor and City submit to the jurisdiction of Florida courts and federal courts located in Florida. The Parties agree that the proper venue for any suit concerning this Agreement shall lie exclusively in Palm Beach County, Florida, or the Federal Southern District of Florida. The Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. 33.3 WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HEREBY MUTUALLY KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY. NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS THE "PARTIES") SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THE CONTRACT DOCUMENTS, OR ANY 25-07113 Coquina Cove Drainage Improvement Project-Grant Funded 18 ar \ _ City of Boynton Beach "bran eb. Purchasing Division COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY THE PARTIES. THE WAIVER CONTAINED HEREIN IS IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVER, AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE CONTRACTOR HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THIS PARAGRAPH'S PROVISIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Article 34. CONTROLLING PROVISIONS. Except as otherwise explicitly provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the ITB and/or Bid, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the ITB; and (3) the Bid. Wherever possible, the provisions of the documents shall be construed in such a manner as to avoid conflicts between the provisions of the various documents. Article 35. REGULATORY CAPACITY. Notwithstanding the fact that the City is a municipal corporation with certain regulatory authority, the City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred under the City's regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. Article 36. PRIOR AGREEMENTS. AMENDMENTS. ENTIRE AGREEMENT. This Agreement, including the ITB, the Bid, and the Exhibits incorporated into it in their entirety, embodies the entire agreement and understanding of the Parties concerning the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be modified by a written amendment duly executed by the authorized representatives of the City and Contractor. Article 37. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Article 38. ASSIGNMENT. The Contractor shall not assign this Agreement in whole or in part without the written consent of 25-071 B Coquina Cove Drainage Improvement Project-Grant Funded 19 t(t City of Boynton Beach Purchasing Division the City, which may be withheld, conditioned, or delayed at the City's sole discretion. The Contractor shall not assign any monies due or to become due to it hereunder without the previous written consent of the City and Contractor's Surety, with the Contractor acknowledging that until the final payment request is approved, the amount of monies due or to become due to Contractor or that may be due from Contractor to City has not been fixed or finally determined. Assigning this Agreement shall not relieve the Contractor or its Surety from any contract obligations. Article 39. NO WAIVER. The City's failure to enforce any provision of this Agreement shall not be deemed a waiver of its right or power to enforce such provision or a modification of this Agreement. The failure to assert a breach of a provision of this Agreement shall not be deemed a waiver of such breach or any subsequent breach, nor shall it be construed to be a modification of the terms of this Agreement. Article 40. COUNTERPARTS AND MULTIPLE ORIGINALS. This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Article 41. EFFECTIVE DATE. This Agreement shall become effective on the date it is executed by the last Party to sign the Agreement(the"Effective Date"). The Effective Date shall be the date of the last signature below." (SIGNATURES ON FOLLOWING PAGE) 25-071B Coquina Cove Drainage Improvement Project-Grant Funded 20 City of Boynton Beach Purchasing Division IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. CITY OF BOYNTON BEACH, FLORIDA - : - DERGR9U4ID INDUSTRIES, INC. I.,/v-e-...- ->--A/.:(Ze--r Rebecca Shelton, or -"J (Signature), Southern Undfground Industries, Inc. n �P m62+r 02, ?O Belseri Comerford Date' Print Name of Authorized Official President Title Approved as to Form: / , 8/13/25 Date . g r o" JAW/14 A e i Shawna G. Lamb, City Attorney (Corporate Seal) �co\a�e oi,c'0,. - L officials c N Sco . FAQ Attest/Authenticated: �0 2p�8 , Atte d/Authenticated: G ��- - S * o- ( (Signature), Witness �q o0 fl (0 Anthony Marini Maylee Ipe sus,[ty Cler. Print Name gOYNT N 0.•••....•O4/ t` ,`4• ••oRPOi •., I1 T 1 I CI SEAL 1 •,, I INCORPOR i • i 1) •••• 1920 :: / • 1``‘ FLORIDP 25-071B Coquina Cove Drainage Improvement Project—Grant Funded 21 City of Boynton Beach Purchasing Division CORPORATE ACKNOWLEDGEMENT STATE OF Florida COUNTY OF Broward The foregoing instrument was acknowledged before me by means of w1 physical presence or ❑ online notarization, this 13tHday of August 2025 by Belseri Comerford as President of Southern Underground Industries , a President , on behalf of the company. They arersonally know o me or have produced as identification. NOTARY PUBLIC Notary Publie$tMs of Fiends AnthonyMarini imati Anthony bert Marini My Commia'sioon NM$$4164 (Name of Notary Typed, Printed, or Stamped) „ 4/22/2029 HH 66184 Commission No. 25-0718 Coquina Cove Drainage Improvement Project—Grant Funded 22 City of Boynton Beach Purchasing Division EXHIBIT A PROJECT SCHEDULE The Work will be substantially completed within Three Hundred Forty-Four (344) calendar days from the issuance of Notice to Proceed when the Contract Time commences to run as provided in Paragraph 2.3 of the General Conditions and completed and ready for final inspection and payment in accordance with Paragraph 14.9 of the General Conditions within Thirty(301 calendar days from the date of Substantial Completion. 25-071 B Coquina Cove Drainage Improvement Project—Grant Funded 23 r�r • _ • City of Boynton Beach `'°"°` Purchasing Division EXHIBIT B CONTRACT PRICE BID FORM 25-071B Coquina Cove Drainage Improvement Project-Grant Funded 24 25-071B - Coquina Cove Drainage Improvement Project - Grant Funded Opening Date: July 1, 2025 2:00 PM Closing Date: July 31, 2025 2:30 PM Vendor Details Company Name: Southern Underground Industrie,Inc. Does your company conduct business under any other name?If Florida yes,please state: 794 S. Military Trail Address: Deerfield Beach , Florida 33442 Contact: Frank D'Alessandro Email: frankd@southemundergroundindustries.com Phone: 954-590-0322 Fax: 954-590-0322 HST#: 262521235 Submission Details Created On: Wednesday July 30,2025 09:04:51 Submitted On: Thursday July 31,2025 13:28:50 Submitted By: Frank D'Alessandro Email: frankd@southemundergroundindustries.com Transaction#: 27759acd-b845-4f75-ace3-d9d0caa17c36 Submitter's IP Address: 147.243.243.150 Bid Number: 25-071B Vendor Name: Southern Underground Industrie,lnc. Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid,at the unit prices,and/or lump sums, hereinafter stated. "Denotes a"MANDATORY'field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is"NON-MANDATORY"and you are not bidding on it, leave the table and/or line item blank.Do not enter a$0.00 dollar value. Indemnification Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Bidder shall be responsible for inspecting,examining,and verifying existing conditions. Bidder is responsible for familiarizing themselves with the nature and extent of the contract documents,the work,the locality,and with all local conditions and regulatory requirements that may,in any manner affect costs,progress,or performance of work. Bidder agrees to furnish all labor, material,tools,qualified supervision,equipment,accessory material, required bonds, insurance, and permits necessary to complete the proper performance of the work described herein. It is the intent of the City to award this to the lowest responsive/responsible Bidder based on the Grand Total Bid Amount. The undersigned Bidder proposes and agrees, if this bid is accepted,to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. This bid will remain subject to acceptance for One Hundred Twenty(120)calendar days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen(15)calendar days prior to the date of the City's Award. Bidder has familiarized itself with the nature and extent of the contract documents, locality,and all local conditions and laws and regulations that in any manner may affect cost,progress,performance,or furnishing of the Work. Bidder has given the City written notice of all conflicts,errors,or discrepancies that it has discovered in the contract documents,and the written resolution thereof by the City is acceptable to Bidder. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group,association,organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding;and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. Bidder will complete the Work for the prices shown in the"Bid Form". Bidder agrees that the Work will be substantially performed and completed in accordance with the schedules established herein. Item No. I SC0125 Section IDescription IQuantity IUnit 'Unit Price ITotal 5 11.11 F I Indemnification 11 I Lump Sum I$25.0000 I$25.00 Subtotal:I$25.00 I Bid Schedule Form Please Note: For each bid item,the Bidder agrees to furnish all labor, materials,tools,and equipment necessary to properly perform the work described herein and on the project drawings and specifications.A more detailed description of Pay Items is located throughout the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award the bid by low total per item,by low total per group of items,whichever appears to be in the best interest of the City. In the event of latent multiplication or addition errors,the Bidder recognizes that these are clerical errors and may be corrected by the Owner. Iltem No. ISC0125 Section 'Description IQuantity 'Unit IUnit Price` 'Total Bid Number: 25-071B Vendor Name: Southern Underground Industrie,lnc. 1 1.11 B Mobilization/Demobilization, Bonds, 1 LS $288,658.0000 $288,658.00 Insurance, and General Requirements, including utility locates and coordination. Contractors shall be limited to a maximum of six percent (6%) of the total bid price. 2 1.11 C Contractor to develop and 1 LS $83,345.0000 $83,345.00 implement, Maintenance of Traffic (MOD plan. I3 1.11 D 'As-Built Record Drawings 11 ILS $20,328.0000 I$20,328.00 4 1.11 E Professional Pre- and Post- Post- 1 LS $13,552.0000 $13,552.00 Construction Photographs / Video of Construction Site 16 11.11 G IClearing and Grubbing 13 IAC I$22,000.0000 Is 66,000.00 17 11.11 H I Demolition 11 ILS 15153,076.0000 1$153,076.00 18 11.11 I I Stor mroater Gutter Inlets Type S 126 lEA 1510,886.0000 15 283,036.00 19 11.11 J I Stormwater Curb Inlet Type 5 16 lEA 1$11,909.0000 1$71,454.00 110 11.11 K I Stormwater Manholes Type P-7 116 IEA 1$9,501.0000 15 152,016.00 111 11.11 L IFurish & install of 18" RCP 13184 1LF 1$181.0000 1$576,304.00 Stormwater Pipe 12 1.11 M Furnish and Install 12"x18" 26 LF $206.0000 $5,356.00 Horizontal Elliptical RCP Stormwater pipe 113 11.11 N I Furnish & Install 24" HDPE 1133 1LF 1$327.0000 1$43,491.00 Storrnwater (Outfall) 14 1.11 O Furnish & Install 12" RCP 119 LF $295.0000 $5,605.00 Storrnwater (Outfall) 15 1.11 P Storrnwater Inlet Protection 32 EA 57,043.0000 $225,376.00 16 1.11 Q 24" Manatee Grate 1 EA $30,274.0000 $30,274.00 17 1.11 R Removal of Existing Concrete 349 SY $35.0000 $12,215.00 18 1.11 S Regular Excavation 715 CY $45.0000 $32,175.00 19 1.11 T Embankment 148 CY $92.0000 $13,616.00 20 1.11 U Stabilization Type B (LBR 40) 8803 SY $21.0000 $184,863.00 21 1.11 V Optional Base, Base group 4 8440 SY $59.0000 $497,960.00 22 1.11 W Superpave Asphaltic Concrete, 11140 TN 5407.0000 $463,980.00 Traffic C, PG 76-22 123 11.11 X 'Concrete Curb Type D 1715 ILF 1$56.0000 1$40,040.00 124 11.11 Y I Concrete Curb and Gutter Type F 1526 ILF I$60.0000 15 31,560.00 125 11.11 Z 1 Concrete Curb and Gutter- Drop 15060 1 LF 1$67.0000 1$339,020.00 Curb 26 1.11 AA Concrete Sidewalk (4" thick) 112 SY $36.0000 $4,032.00 27 1.11 BB Concrete Sidewalk (6" thick) 59 SY 5124.0000 $7,316.00 28 1.11 CC Detectable Warning 26 SF $203.0000 $5,278.00 29 1.11 DD Performance Turf, Sod 1088 SY $22.0000 $23,936.00 30 1.11 EE Driveways (Brick Pavers) 3564 SF $21.0000 $74,844.00 31 1.11 FF Driveways (Asphalt) 1570 SF $7.0000 $10,990.00 32 1.11 GG Driveways (Custom Concrete) 855 SF $23.0000 $19,665.00 33 1.11 HH Driveways (Gravel) 157 SF $27.0000 $4,239.00 34 1.11 II Single Column Ground sign 1 EA $4,744.0000 $4,744.00 assembly, Fumish and Install Ground Mount, less than 12 SF 135 11.11 JJ !Single Column Ground Sign 13 EA 1$3,388.0000 $10,164.00 Assembly, Relocate 136 11.11 KK (Single Column Ground Sign, Remove 11 IEA 1$2,710.0000 1$2,710.00 137 11.11 LL 'Thermoplastic, standard, white, solid, 173 ILF 1$18.0000 1$1,314.00 12" for crosswalk and roundabout 38 1.11 MM Thermoplastic, Standard, White, 32 LF $14.0000 $448.00 Solid, 24" for stop line and crosswalk 139 11.11 NN I Grout Fill Existing 6" WM 11382 I LF 1$29.0000 1$40,078.00 140 1.11 00 Removal and Disposal of 6" & 12" 1190 LF $40.0000 $7,600.00 WM Bid Number: 25-071B Vendor Name: Southern Underground Industrie,Inc. 41 11.11 PP IFurnish and Install 12" DIP WM and 1114 IL 1$329.0000 1$37,506.00 Fittings 42 1.11 00 Furnish and Install 8" C900 PVC 11512 LF $145.0000 1$219,240.00 WM and Fittings 43 11.11 RR Furnish and Install Fire Hydrant Assembly 15 IEA 1$12,216.0000 1$61,080.00 44 11.11 SS IFumish and Install Gate Valves 12 IEA 1$6,456.0000 1$12,912.00 45 1.11 TT IRemove and Dispose of Water 134 EA 1$2,603.0000 $88,502.00 Service and Meter Assembly 46 1.11 UU I Furnish and Install Water Service 134 EA $2,134.0000 1$72,556.00 and Meter Assembly 47 11.11 W I Remove and Dispose of Sanitary 12712 IL 1$68.0000 1$184,416.00 Sewer 48 11.11 WW I Remove and Dispose of Sanitary 63 EA $1,233.0000 1$77,679.00 Laterals & Cleanouts 49 11.11 XX Remove and Dispose of Manholes 112 lEA 1$4,472.0000 1$53,664.00 50 1.11 YY Furnish and Install 8" C900 SDR-18 2551 LF $195.0000 $497,445.00 PVC Gravity Sewer Pipe by Open Cut 51 11.11 ZZ IFumish and Install Gravity Sanitary 113 EA $10,706.0000 $139,178.00 Sewer Manholes & Cover 52 11.11 AAA IFumish and Install Sanitary Laterals 163 EA $4,167.0000 $262,521.00 and Cleanouts 53 11.11 BBB 'Lift Station Rehabilitation 11 ILS 1$244,551.0000 1$244,551.00 54 11.11 CCC 'Temporary Bypass Pumping 11 1LS I$35,913.0000 15 35,913.00 Subtotal:1$5,837,821.00 Permit Fee Allowance This Item establishes a fund for reimbursement of the cost of required construction permits,fees,inspections,and/or impact fees,if authorized by the City Engineer. Item No. 1SC0125 Section 'Description 'Quantity IUnit lUnitPrice 'Total 55 1.11 DDD Permit Fee1 Dedicated Allowance $10,000.0000 $10,000.00 Allowance Subtotal:1$10,000.00 Fence and Landscaping Allowance This Item establishes a fund for reimbursement of the cost associated with the restoration of fences and landscaping at the proposed outfall location,including materials,labor,and installation,if authorized by the City Engineer. Fence locations and landscaping choices shall be coordinated between the City and adjacent residents. Final approval of all work and associated costs shall rest with the City. Item No. ISC0125 Section IDescription 'Quantity IUnit lUnit Price ITotal 1 56 1.11 EEE Fence and 1 Dedicated Allowance $25,000.0000 $25,000.00 Landscaping Allowance Subtotal:1$25,000.00 Summary Table Bid Form Amount 1 Indemnification $25.00 Bid Schedule Form $5,837,821.00 Permit Fee Allowance $10,000.00 'Fence and Landscaping Allowance $25,000.00 'Subtotal Contract Amount: $5,872,846.00 Bid Number: 25-071B Vendor Name: Southern Underground Industrie,lnc. CERTIFICATION We (I),the undersigned, hereby agree to furnish the item(s)/service(s)described in the Invitation to Bid. We (I)certify that we(I)have read the entire document, including the Specifications,Additional Requirements, Supplemental Attachments, Instructions to Bidders,Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. LINE ITEM NO. 10 -Dropdown option only available for this line item. Line Description Response` Options Item 1 Company Name I Southern Underground Industries, Inc. 2 Address 1794 S. Military Trail Deerfield Beach, FL 33442 3 Telephone 954-590-0322 4 City (Deerfield Beach 5 State Florida 6 Zip Code 133442 7 Contractor's License Number 1CGC1511806 I 8 Federal Tax ID Number 126-2521235 9 Email address for above Bids@southemundergroundindustries.com signer 10 Indicate which type of Corporation Corporation organization from the list in the Options Column VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991.The special condition is as follows: IDENTICAL TIE BIDS-Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price,quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (5)days after each conviction. 4. Impose a section on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Line Description Response" Item 1 I Hereby Acknowledge the Drug Free Information Above and Will Abide by Yes Everything in this Section. Bid Number: 25-071B Vendor Name: Southern Underground Industrie,lnc. BIDDER'S QUALIFICATION STATEMENT Line Description Response' Item 1 How many years has your organization been in business 17 Years under its present name? 2 If Vendor is operating under Fictitious Name, submit N/A evidence of compliance with Florida Fictitious Name Statute. 3 Under what former name (s) had your business operated? None Also list former address(es) of that business, if any. 4 Have you ever been disbarred or suspended from doing No business with any governmental entity? If Yes, explain. 5 Are you licensed? If Yes, attach copy of license to Yes submission package. 6 I Has your company ever declared bankruptcy? If Yes, explain.I No SCRUTINIZED COMPANIES DETERMINATION By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONTRACTOR of the CITY's determination concerning the false certification. CONTRACTOR shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONTRACTOR shall have ninety (90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONTRACTOR does not demonstrate that the City's determination of false certification was made in error then the City shall have the right toterminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Description Response Item ,>®mossis. 1111111=1 ems =iii 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 Information Above r. Yes and Will Abide by Everything Outlined in this Section. r No E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 'Line Item I Description I Response" 1 I Hereby Acknowledge the E-VERIFY Information Above and Will Abide By a Yes Everything in this Section. r No Bid Number: 25-071B Vendor Name: Southern Underground Industrie,lnc. FIRM'S PRIMARY OWNERSHIP Line Item Description Response * 1 Does your firm employ more than 50 persons (including full-time and part-time Yes employees) 2 IIs your firm a construction firm I Yes 3 If you are a construction firm, is the average annual gross revenue for your firm for Yes the past three years greater than $9 million? 4 Which of the following best describes the gender of your firm's primary owner (at Male least 51% ownership) 5 Which of the following best describes the ethnicity of your firm's primary owner (at Other least 51%) 6 Please select the current certification your firm holds: (Note: Proof of Certification must None be included in Document Upload Section) 7 IIndicate the agency or agencies that have granted the certification to your firm. INone PALM BEACH COUNTY INSPECTOR GENERAL The Bidder if awarded Contractor, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. Line Description Response Item 1 I Hereby Acknowledge the Palm Beach County Inspector General Information Yes Above and Will Abide by Everything in this Section. REFERENCES Minimum Experience Requirement:The Bidder must have a minimum of three(3)years of verifiable experience and must have successfully completed at least three(3)municipal projects of similar size, nature, and scope. The City reserves the right to request documentation or references to confirm compliance with this requirement. The City is interested in learning about other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. Line Company Name • Legal Address Contact Name ` Phone Number` Email Address• Item 1 City of West Palm Beach 401 Clematis Street Laura Le, P.E. 561-289-8414 Lle@wpb.org Fourth Floor West Palm Beach. Fl 33401 2 City of Fort Lauderdale 100 N Andrews Ave Sayd Hussain 954-828-5678 Shussain@fortlauderdale.gov Fort Lauderdale, Fl 33301 3 City of Miami Beach 1700 Convention Center Eugene Egemba 305-673-7080 EugeneEgemba@miamibea Public Works Drive chfl.gov Miami Beach, Fl 33139 4 City of Lauderhill 5581 W Oakland Park Blvd Herb Johnson 954-730-4207 hjohnson@lauderhill-fl.gov Lauderhill, FL 5 IN/A IN/A N/A IN/A IN/A Bid Number: 25-071B Vendor Name: Southern Underground Industrie,lnc. Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate"TBD" (To Be Determined)or"TBA" (To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. SUBCONTRACTORS The Bidder/Proposer shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders/Proposers shall not indicate"TBD"(To Be Determined)or"TBA"(To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. I— By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s)and the Bidder shall perform the project with their "OWN FORCES". hm Work to be Performed %Total Contract Contractor License Subcontractor Name/Address* !Subcontractor Phone/Emall* 1 Asphalt 6.5% CGC1517987 C&R Milling & Paving 305-686-2022 1 N. Krome Ave Suite 100 Elaine@crmilling.com Homestead, Fl 33030 2 Concrete 6% CUC1225593 A & M Brothers Concrete Corp. 786-296-5979 95 NE 12th Street a.m.concrete@hotmail.com Homestead, Fl 33036 13 IN/A N/A IN/A IN/A IN/A 4 I N/A I N/A I N/A I N/A I N/A Documents Ensure your submission document(s)conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s)are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one(1)document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one(1)document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as"Marketing Plan." If the attached file(s)cannot be opened or viewed, your Bid Call Document may be rejected. • Non Collusive Affidavit&Acknowledaement-Non-Collusion Affidavit and Certification of Proposer.pdf-Thursday July 31, 2025 12:23:50 • Scrutinized Companies and E-Verifv Affidavits-Scrutinized and E verify.pdf-Thursday July 31, 2025 12:24:05 • Bid Bond and Bid Bond Acknowledaement- Bid Bond Boynton Beach.pdf-Thursday July 31, 2025 08:12:47 • Foreian Entity Ownership Affidavit-Foreign Entity Law.pdf-Thursday July 31, 2025 12:24:20 • Anti Human Trafficking Affidavit-Human Trafficking.pdf-Thursday July 31, 2025 12:24:48 • Proof of State Certified or County Competency Licenses-Licenses.pdf-Wednesday July 30, 2025 10:32:57 • Florida State Business Registration-Detail by Entity Name.html-Wednesday July 30,2025 10:31:58 • Certificate of Insurance& IRS Form W-9-COI &W9.pdf-Wednesday July 30, 2025 10:40:13 • Anti Kickback Affidavit-Anti Kickback.pdf-Thursday July 31, 2025 12:25:05 • Trench Safety Act Affidavit-Trench Safety.pdf-Thursday July 31, 2025 12:25:18 • Additional Document-Additional Info.pdf-Wednesday July 30, 2025 10:40:04 Bid Number: 25-071B Vendor Name: Southern Underground Industrie,Inc. Addenda,Terms and Conditions Unless otherwise agreed to by the City of Boynton Beach ("City"),the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement. The term "vendor," as used below, may collectively apply to vendors, bidders, proposers,consultants,contractors,subcontractors,and subconsultants. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions,then the General Terms and Conditions shall prevail in their entirety. 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: Before submitting a bid for this ITB, bidders shall familiarize themselves and comply with all federal,state,and local laws, including the hours of labor on municipal work in the State of Florida,the Charter of the City of Boynton,all ordinances,and regulations applicable to the services and project contemplated herein, including those applicable to conflict of interest and collusion. Bidders must familiarize themselves with all federal, state, and local laws, ordinances,codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Bidder shall not be a cause for relief from responsibility. 3.2 CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County,of the State of Florida. 3.3 DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 3.4 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 3.5 PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services.The purchase order number must appear on all invoices, packing slips,and all correspondence concerning the order. 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this bid submission meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Consultant, and the material equipment,etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery,all costs necessary to bring the materials,equipment,etc.,into compliance with the aforementioned requirements shall be borne by the Proposer. Proposer certifies that all employees, subcontractors,agents,etc. shall comply with all O.S.H.A.and State safety regulations and requirements. 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: The Bidder and, if awarded Contractor, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law,the failure of the Contractors or its sub-contractors or lower-tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 3.8 OTHER AGENCIES Any Agreement(s) resulting from this ITB and from this submitted bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices,terms,and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality,or agency, nor will any city,county municipality,or agency be obligated for any bills incurred by any other city,county,municipality, or agency. Further,it is understood that each agency will issue its own purchase order or contract to the awarded Bidder(s). 3.9 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 3.10 NON-DISCRIMINATION&EQUAL OPPORTUNITY EMPLOYMENT 3.10.1 The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. 3.10.2 During the performance of the Agreement, the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation,familial status,sexual orientation,gender identity,expression,or disability if qualified. Bid Number: 25-071B Vendor Name: Southern Underground Industrie,lnc. 3.10.3 The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.4 Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 3.10.5 The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 3.10.6 The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 3.10.7 The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: The Bidder and, if awarded Contractor, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor's relationship, and the relationship of its employees, to the City shall be that of an independent contractor and not as employees or agents of the City. 3.12 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Contractor of supplying such product(s)or service as specified. 3.13 LEGAL EXPENSES: The City shall not be liable to a Bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 3.14 NO THIRD-PARTY BENEFICIARIES: No provision of this ITB or agreement/contract to follow with a contractor is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Bidder. 3.15 SCRUTINIZED COMPANIES: By submission of a bid submission for this solicitation, Consultant, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes,or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract,the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 3.16 NON-EXCLUSIVE As may be applicable,the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City's Procurement Policy, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 3.17 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form.This includes the City logo on websites or other advertising materials. 3.18 DRUG-FREE WORKPLACE The Contractor shall implement and maintain a drug-free workplace program of at least the following items: 3.18.1 Publish a statement notifying employees that unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 3.18.2 Inform employees about the dangers of drug abuse in the workplace, the Bidder's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3.18.3 Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. 3.18.4 In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, Bid Number: 25-071B Vendor Name: Southern Underground Industrie,lnc. the employee will abide by the terms of the statement and will notify the Proposer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)calendar days after such conviction or plea. 3.18.5 Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community,for any employee who is so convicted or so pleads. 3.18.6 Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes. 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Bidder represents and certifies that Bidder and all Sub-contractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR§§ 52.204-24 through 52.204-26. Proposer represents and certifies that Proposer and all Sub- consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 3.20 RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 3.21 DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 3.22 PUBLIC RECORDS Sealed documents received by the City in response to an Invitation to Bid are exempt from public records disclosure unless they are subject to Florida Statute 255.0518 until thirty (30) calendar days after the opening of the ITB unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs,files, deliverables, photographs, videos, tape recordings, or data relating to the Agreement which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the Agreement, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically,the Consultant shall: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City's custodian of public records, 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 in Chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the Agreement, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the Agreement, the Contractor shall transfer to the City, at no cost to the City, all public records in the Contractor's possession. All records stored electronically by the Contractor 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. E. Failure of the Contractor to comply with the requirements of this Section and other applicable requirements of state or federal law shall be a material breach of the resulting Agreement. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to the right to terminate for cause. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CitvClerk anbbfl.us 3.23 SOVEREIGN IMMUNITY Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City Bid Number: 25-071B Vendor Name: Southern Underground Industrie,lnc. may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Belseri Comerford, President, Southern Underground Industries, Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments(if applicable) 25-0718 Addendum No.2 r 187 Wed July 23 2025 10:59 PM 25-071B Addendum No.1 r 23 Wed July 16 2025 03:37 PM Bid Number: 25-071B Vendor Name: Southern Underground Industrie,inc. NON-COLLUSION AFFIDAVIT AND CERTIFICATION OF PROPOSER THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE State of Florida County of Broward Belseri Comerford , being first duly sworn, deposes and says that: 1) He/She is President Of Southern Underground Industries,Inc ,the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion; 4) Further,the said bidder nor any of its officers,partners, owners,agents, representatives,employees or parties in interest, including this affiant, has in any way colluded,conspired, connived,or agreed,directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance,or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 6) BIDDER shall disclose below,to their best knowledge, any City of Boynton Beach officer or employee,or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2022), who is an officer of director or,or has a material interest in,the BIDDER's business,who is in a position to influence this procurement. Any City of Boynton Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. 7) Failure to submit this executed statement as part of the bid shall make the bid non-responsive and not eligible for award consideration. In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 relationship described herein shall be reason for termination of bid or award,whichever is applicable, with no time to cure. NAME RELATIONSHIP Witnesses: BIDDER: oil Jessica Abbo • I Typed namC Belseri Comerford Name: Brittany He Title: President Typed name: STATE OF Florida 1 COUNTY OF Broward The foregoing instrument was acknowledged before me, by means of Erchysical presence or ❑ online notarization, this 31st day of July , 2Q (by Belseri Comerford , who is personally known to me or who has produced as identification. Subscribed and sworn to before me This 3day of .3U I". , 20 Notary Public(Sign ture) My Commission Expires: 30/A 214 Apv • HECTOR MENESES MY COMMISSION#HH268926 EXPIRES:May 30,2026 • .tom nnn+v‘ THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 40 • CERTIFICATION PURSUANT TO FLORIDA STATUTE §287.135 TO BE COMPLETED AND UPLOADED ONLINE I, Belseri Comerford , on behalf of Southern Underground Industries Inc certify Print Name and Title Company Name that Southern Underground Industries. Inc. 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 Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice, in writing,to the Vendor of the City's determination concerning the false certification.The Vendor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor 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§287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to Section 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Vendor, I hereby certify that the company identified above in the section entitled 'Vendor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List and is not engaged in business operations in Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Southern Underground Industries, Inc. � �r COMPANY NAME SIGNATURE Belseri Comerford President PRINT NAME TITLE July 31st, 2025 DATE The foregoing instrument was acknowledged before me, by means of lE physical presence or ❑ online notarization, this 31st day of July , 2025, by Belseri Comerford , who is Ders2nally known to me or who has produced as identification. Subscribed and sworn to 10 before me This Iday of J`� ""1 202 NotaPubTi (Signature) " HECTOR MENESES P10...1 3 26 �'' MY ON#111-1268926 ` '; ,s EXPIRE'S:May 30.3026 My Commission Expires: .-.... ...,,.-4.nsuw J�` E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE Project Name: City of Boynton Beach Coquina Cove Drainage Improvements Solicitation No.: 24SRP12 1. Definitions: "Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration."Contractor"includes, but is not limited to, a vendor or consultant. "Subcontractor"means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary,wages, or other remuneration. "E-Verify system"means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ,contract with, or subcontract with, an unauthorized alien.The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s.448.09(1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s.448.095 (2), but the Contractor otherwise complied with s.448.095(2)Fla.Stat.,shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Southern Underground Industries, Inc. Authorized Sirature I Print Name: Belseri Comerford I Title President I Date: July 31st, 2025 Phone: 305-720-0297 STATE OF Florida COUNTY OF Browarc The foregoing instrument was acknowledged before me by means ofsical presence or ❑ online notarization, this 31st day of July , 213e4, by Belseri Comerford on behalf of Southern Underground Industries,Inc . He/she is personally known to me or has produced as identification. /1CI W �PUBLIC (Name of Notary Typed, Printed or Stamped) f" HECTOR IvtENESES fi Title or Rank J DIY COMMISSION HH20926 g r'* 2(jS 9 20 3r4EXPIRES:May 30.2026 Serial number, if any Document A310 TM — 2010 Conforms with The American Institute of Architects A1A Document 310 Bid Bond CONTRACTOR: SURETY: (Name,legal.slams and addrss) (Mime,legal status and principal place r jhxsines,) Southern Underground Industries, Inc. Nationwide Mutual Insurance Company 794 South Military Trail One West Nationwide Boulevard Deerfield Beach, FL 33442 Columbus, OH 43215-2220 This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or OWNER: modification. (Name,legal status and address) Any singular reference to City of Boynton Beach Contractor,Surety,Owner or 100 East Ocean Avenue other party shall be considered plural where applicable. Boynton Beach, FL 33435 BOND AMOUNT: $ Five Percent of Total Amount Bid(5%of Total Amount Bid) PROJECT: (Name,location or address andpnv/ect number,(fatty) Coquina Cove Drainage Improvement Project-Grant Funded ITB No.25-071B The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall he null and void,otherwise to remain in full force and eilect.The Surety hereby waives uny notice of an agreement between the Owner and Contractor to extend the time in which tine Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Band shall be deemed t,00: • Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provisiin this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conlomting to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that thi.• n •cotrued as a statutory bond and not as a common law bond. c O / Signed and scaled this 28th day of July,2025 a��' of F lord d N e a — 4t1 (6)C,44.91.161,44,---. ��'� _��/ Southern Underground Industrie ,4 .0, of{' 10 '7f�u'r iv"'' (Princkl) ' tom NI?t tssJ 1 Sw e>= ny 20�$ o (Tide) r aIc 4, t 1 1.r.,Cor,..r° .�C� Nationwide Mutj l Insurance Company (Surety) (Seal) (lT'itresvy or Shearin, CSRci),1 . f/l Tile) David T.Satine,Attorney-in-Fact S-0054/AS 8110 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint: DAVID T SATINE; JONATHAN A BURSEVICH; WARREN M ALTER; each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 1st day of April,2024. Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT 441011% STATE OF NEW YORK COUNTY OF KINGS:ss � SEAL On this 1st day of April,2024.before me came the above-named officer for the Company aforesaid,to me personally known to be the officer described in and who executed the :SEAL:*� preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed hereto is the corporate seal of said Company,and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Sharon Laburda Notary Public,State of New York ♦. : S No.01LA6427697 Qualified in Kings County Notary Pudic Commission Expires January 3.2026 My Commission Exp es CERTIFICATE January 3.2026 I,Lezlie F.Chimienti,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this 28th day of July , 2025 Assistant Secretary BDJ 1(04-24)00 AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS TO BE COMPLETED AND UPLOADED ONLINE The undersigned, on behalf of the entity listed below("Entity"), hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: §287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: §287.138(2)(b), Florida Statutes) 3. Entity is not organized under the laws of, and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes) 4. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: July dict , 20 25 Sigh: Entity: Southern Underaround Industries.Inc. Name: Belseri Comerford Title: STATE OF Florida COUNTY OF Broward The foregoing instrument was acknowledged before me, by means of physical presence or❑online notarization, this 31st day of July 20 25 , by Nelsen Comerford as President for Southern Underground Industries Inc ., , who is personally known to mP or who has produced N‘iti„A as identification. Notary Public Signa ure: State of Florida at Large(Seal) Print Name: 1' C-J R - HECTOR MENESES MY COMMISSION#HH268926 <. -v' EXPIRES:May 30.2026 My commission expires: Sot 4)2 r? AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS TO BE COMPLETED AND UPLOADED ONLINE In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below("Entity"), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking." Date: July 31, 20 25 Sigded: Entity: Southern Underoround Industnes Inc Name: _agtseri Comerford Title: President STATE OF Florida COUNTY OF Browarri The foregoing instrument was acknowledged before me, by means of cysical presence or El online notarization, this 31st day of July , 20 25 , by sateen Comerford , as President for Southern Underground Industries,Inc. ,who is personally known to me or who has produced s identification. : :ic ry Signal re: Stat `af I " �P^ rj, HECTOR MENESES �' to MY COMMISSION#HH268926 EXPIRES:May 30,2026 My commission expires: 3O, ()2 a 1 citRon DeSantts.Governor Melanie S.Griffin.Secretary da Sr' I STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION i CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489. FLORIDA STATUTES ; """►it• �,� # act-` , .� • Olt ' • 0 _ ' Y 7 souTAaN UNDERGROUND INDUSTRIES. INC. `- 53 NW 44TH STREET ,205 FORT.LAUDERDAL L3304 1 =ter`_ 416 71 LICENSE NUMBER:CGC1511806T -"aftj EXPIRATION DATE AUGUST 31,2026 Always verify licenses online at MyFloridaUcense.com II 0.•!i1',•;... ISSUED:07/13/2024 I • '4,..- 0,11,..?. Do not alter this document in any form. .O. -''='::4 This is your license.It is unlawful for anyone other than the licensee to use this document. -- _ — _ _ ar - ; Ron DeSantis, Governor Melanie S. Griffin, Secretary fil AY --.. dFlorida - ; STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES 4? 7::!_4t ' 4: - . .--itiv. 7=4_7. .14. .::___., t: _____._ ..,,.4..., ill., :,,,,i_1:: ::,,:iri.. 71 ---7:::. _ j--,1,1:: 4 • -.:,r g:7,. . ... , , COMERFORD, BELSERI L # SOUTHERN UNDERGROUND INDUSTRIES INC 794 SOUTH MILITARY TRAIL * FLORIDA DEERFIELD BEACH FL 33442 r LICENSE _1 CENSE NUMBER: CU'�C�224635 EXPIRATION DATE: AUGUST 31, 2026 Always verify licenses online at MyFloridaLicense.com 0, *E0 ISSUED: 08/13/2024 E'- : :• 20• 2'1; Do not alter this document in any form. t : This is your license. It is unlawful for anyone other than the licensee to use this document. Lrj r1� t • •---- • Department of State • Division of Corporations • Search Records • Search by Entity Name Previous On List Next On List Return to List southern underground industries Events No Name History Search Detail by Entity Name Florida Profit Corporation SOUTHERN UNDERGROUND INDUSTRIES, INC. Filing Information Document NumberP08000043219 FEI/EIN Number26-2521235 Date Filed04/29/2008 StateFL StatusACTIVE Last EventAMENDMENT Event Date Filedl0/28/2019 Event Effective DateNONE Principal Address 794 South Military Trail Deerfield Beach, FL 33442 Changed: 03/27/2023 Mailing Address 794 South Military Trail Deerfield Beach, FL 33442 Changed: 06/19/2023 Registered Agent Name & Address COMERFORD, BELSERI L 6115 NW 77th Way Tamarac, FL 33321 Name Changed: 06/30/2020 Address Changed: 03/15/2022 Officer/Director Detail Name & Address Title PTD COMERFORD, BELSERI L 30 Harbour Isle W Unit 204 Fort Pierce, FL 34949 Title Executive Secretary COMERFORD, BELSERI L 30 Harbour Isle W Unit 204 Fort Pierce, FL 34949 Annual Reports Report Year Filed Date 2023 03/27/2023 2024 03/25/2024 2025 04/07/2025 Document Images 04/07/2025 --ANNUAL REPORT View image in PDF format 03/25/2024 --ANNUAL REPORT View image in PDF format 03/27/2023 --ANNUAL REPORT View image in PDF format 03/15/2022 --ANNUAL REPORT View image in PDF format 01/22/2021 --ANNUAL REPORT View image in PDF format 06/30/2020 --ANNUAL REPORT View image in PDF format 10/28/2019 --Amendment View image in PDF format 10/28/2019 -- Off/Dir Resignation View image in PDF format 10/16/2019 --AMENDED ANNUAL REPORT View image in PDF format 04/03/2019 --ANNUAL REPORT View image in PDF format 03/30/2018 --ANNUAL REPORT View image in PDQ format 01/08/2017 --ANNUAL REPORT View image in PDF format 03/28/2016 --ANNUAL REPORT View image in PDF format 01/25/2015 --ANNUAL REPORT View image in PDF format 07/16/2014 --ANNUAL REPORT View image in PDF format 06/19/2014 --Amendment View image in PDF format 09/27/2013 --ANNUAL REPORT View image in PDF format 04/30/2012 --ANNUAL REPORT View image in PDF format 11/04/2011 --REINSTATEMENT View image in PDF format 05/02/2010 --ANNUAL REPORT View image in PDF format 10/20/2009 --Amendment View image in PDF format 06/02/2009 --ANNUAL REPORT View image in PDF format 04/29/2008 --Domestic Profit View image in PDF format Previous On List Next On List Return to List J southern underground industries I Events No Name History Search Florida Department of State, Division of Corporations Florida Department of State • Division of Corporations Form W-9 Request for Taxpayer Give form to the (Rev.March2024) Identification Number and Certification requester. Do not Department of the Treasury Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. Internal Revenue Service Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below. 1 Name of entity/individual An entry is required (For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded entity's name on line 2.) Southern Underground Industries,Inc. 2 Business name/disregarded entity name,if different from above. M 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1.Check 4 Exemptions(codes apply only to conly one of the following seven boxes. certain entities,not individuals: a see instructions on page 3): c ❑ Individual/sole proprietor ❑ C corporation Q S corporation ❑ Partnership ❑ Trust/estate 0 E LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) Exempt payee code(if any) a o Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax 4'13 classification of the LLC,unless it is a disregarded entity A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax `o w box for the tax classification of its owner. Compliance Act(FATCA)reporting ❑ Other(see instructions) code(if any) a n !► 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification, 2 and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check (Applies to accounts maintained Q this box if you have any foreign partners,owners,or beneficiaries.See instructions . CO ❑ outside the United States) c5 Address(number,street,and apt.or suite no) See instructions. Requester's name and address(optional) 794 S. Military Trail (6 City,state,and ZIP code Deerfield Beach, Fl 33442 7 List account number(s)here(optional) wail Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number I backup withholding.For individuals,this is generally your social security number(SSN).However,for a I II I — — 111 11 resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or TIN.later. I Employer identification number I Note:If the account is in more than one name,see the instructions for line 1.See also What Name and I- 1Number To Give the Requester for guidelines on whose number to enter. 2 1 6 2 15 2 1 1 12 13 5 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments other than interest and dividend are not r '' to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. HU.S.perm- HereDate 11361 2.02 x" v General Instructions New line 3b has been added to this form.A flow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This Future developments.For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Partnership Instructions for Schedules K-2 and K-3(Form 1065). Line 3a has been modified to clarify how a disregarded entity completes this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an information return with the IRS is giving you this form because they Cat No.10231X Form W-9(Rev.3-2024) .„`�"1 SOUTUND-02 REYNOLDSMA ACORO DATE(MMIOD/YYYY) 1...—..---- CERTIFICATE OF LIABILITY INSURANCE z/(MMI0D s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRCDUCER 2ONTACT Mallory Reynolds Insurance Office of America 1855 West State Road 434 INC.r PHONE.Eats:(407)998-4134 FAX C.Not: Longwood,FL 32750 I a'"ggg ,s.mallory.reynolds(u?ioausa.com I INSURERISI AFFORDING COVERAGE I NAIC it I INSURER Admiral Insurance Compam/ 124856 INSURED INSURER B:Liberty Insurance Corporation 142404 Southern Underground Industries,Inc. INSURER C:AXIS Surplus Insurance Comoanv 126620 794 South Military Trail INSURER 0:Employers Insurance Company of Wausau 121458 Deerfield Beach,FL 33442 INSURER E:Westchester Surplus Lines Insurance CompanV110172 INSURER F:Federal Insurance Comoanv 120281 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INI TYPE OF INSURANCEI POLICY NUMBER I POLICY EFF IM*M/DDOYNYYVI I LIMITS 1 A X COMMERCIAL GENERAL LIABILITY EA LRRENCE S 1,000,000 CLAIMS-MADE C OCCUR X x CA00005333301 6/1/2024 6/1/2025 ?AMA ETC RENTED I S 300,000 MED EXP Ass one oersonl S 5,000 IIPERSGENERALONAL R ADV IWURY S 1,000,000 MS& LIMIT APPLIES PER AGGREGATE S 2,000,000 X JECT n LOG Is -COME/OP AGG S 2,000,000 met BENEFI S 2,000,000 B AUTOMOBLEUABIUTY I BINEDSINGLEL'MIT S 1,000,000 X ANY AUTO X X AS6Z91471781024 6/1/2024 6/1/2025 BOQILY INJURY/Per nersonl S ^_ ABIUTYAUTOS ONLY '---. SCHEDULED UTerace/dent) S IgEo ..pp�N GORY INJURY IP(' ,—� .HIUTOS ONLY AUUTOS ONLOY (PM 1 I s Is C UAB H CCLCUR ( IP00100366465901 6/1/2024 6/112025 AGI GREGATE R cE s 3,000,000 5 3,000,000 X EXCESS UAB CLAIMS-MADE I I DED I I RETENTIONS I I I S O WORKERS COMPENSATION I X I SIATIITE I I AND EMPLOYERS'LIABILITY FpH- ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N x WCCZ91471781014 6/1/2024 6/1;'2025 EL EACHACCI ENT S 1,000,000 OFFICER/MEMBER EXCLUDED? I N J N I A (Mandatory m NH) 1 EL DISEASE,EA EMPI.QYElil S 1,000,000 If yes Uescnbe under 1,000,000 DFSC'RIN OE OPERATIONS bQlow F L DISEASE-POLCY LIMIT S E Contractors Liabilit 971528406006 ' 6/1/2024 6/1/2025 ;Aggregate 4,000,000 F Equipment Floater 1 45468572 6/1/2024 6/1/2025 Leased/Rented 400,000 1 DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES(ACORD 101,Add,Fonal Remarks Schedule,may be attached of more space rs required) The City of Hallandale Beach is additional insured with respects to General Liability,and Auto Liability when required by written contract.Waiver of subrogation applies in favor of the additional insured with respects to General Liability,Auto Liability,and Workers Compensation when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .444 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD U N ANTI-KICKBACK AFFIDAVIT TO BE COMPLETED AND UPLOADED ONLINE STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH I,the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: - SIGNATURE STATE OF Florida COUNTY OF Broward The foregoing document was acknowledged before me, by means of mo"pysical presence or D online notarization, this 31st day of July , 2025 , by Belseri Comerford , as President of southern underground Inaustnes.Inc who is personally known to me or who has produced as identification. Sworn and subscribed before a �. this 23/ day of jj� i , Printed Information: Belseri Comerford NAME President TITLE NOTARTPI)I.<State of Florida at LargeSouthern Underground Industries, Inc. .: HECTOR MENESES MY COMMISSION#HH268926 COMPANY ,T EXPIRES:May 30,2026 "OFFICIAL NOTARY SEA` "rrAVP"' Equipment Numbers I I I I I Loaders Make � Model � fin p I 101 CAT 93514 P5K01921 I 102 John Deere 3441 1UJ3441XPZ8054512 103 John Deere 5441 10W54417.110699974It` 104 CAT John Deere 930M F5K01509 105 3041 11U304KXAZ8040632 I 106 Volvo L60H VCEOL60HP05621694 107 2024 CAT 920 CAT009tO15L401908 Excavators I I I 201 CAT 325 TEL10427 202 John Deere 345G 1CF345GXCKF020422 203 Hitachi 345 HCMMDDS60E00010102 204 John Deere 606 1FF060GXU1289368 I 205 John Deere 506 1FF050GXHFH282418 206 John Deere 2456 1FF245GX1LF301539 207 John Deere 600 1FF060GXKU292470 1 208 209 John Deere 1356 1FF1356XLHF500555 John Deere 1356 1FF135GXHFE401061 210 John Deere 606 1FF060GXTHJ288703 211 John Deere 35G 1FF035GXVLK290528 212 CAT 315GC FTY003113 213 John Deere 35G 214 John Deere 606 1FF0606XCP1296630 215 CAT 315 GC CAT00315CFTY30256 216 John Deere 85 P Tier 1FF085PAAR1001373 Rollers I I 301 I BOMAG I BW12051-5 I 101880611005 302 I BOMAG I BW124 Oil-S I 101587261019 303 I Hamm I HO 131ev I WGHOH285JHAA01366 Broom Tractor I I 501 I John Deere I 5090E I 1LV5090EC1K402966 502 I John Deere I 4066R I 1LV4066RCL1408331 503 I John Deere I 4052R I LVCG130007825 Skid Steer � I 901 I John Deere I 3326 I 1T0332GKVLF370246 902 I CAT I 29903 I DY904623 903 I CAT I 29903 I DY907744 905 I John Deere I 3256 I 1T0325GKVRJ460295 Asphalt Paver I I I I CAT I AP25SE I 08400480 I I I I I 1 Hydraulic Pump I I MWI ( 6'Hydraulic Pump I 26114653289 MWI 6'Hydraulic Pump I 219262910 Milling Machine I I John Deere(Wlrtgen) I W 120 XFI 18101403 I Tractor 2021 JD 6130 Row Crop Tractor I 202110 6130 Row Crop Tractor I 510002615981.001 itra SOUTHERN ";O 7,.":✓1 r w/I I 1 I Updated on 01/29/2025 TRUCKS Tail Number Year Color Make Model Driver Unit VIN 1 GCAC70 20161 Mow Ctwvwrut S4veraJo C2500M0 Ranson//Incite, 9surd 1GC1CUEGSGF 121093 2. 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COMPLETION PROJECT NAME OWNER CONTACT INFORMATION CONTRACT AMOUNT DESCRIPTION OF WORK DATE JOB SUMMARY %Complete This project consists of the removal of 3 existing sewer pumps, City of Hallandale Manga Ebbe associated piping,supports,electrial items from the existing lift Beach 630 NW 2nd St. 954-457-3043 station,rehabilitation of the existing wet well and new Lift Station#3 $2,826,223.60 submersible wastewater pumps and valve vault along with 11/16/2025 Lift Station 90% Hallandale Beach,Ft Mebbe@hallandalebeachfl. assocaiated piping,supports,electrlai items generator, 33009 gov reconnecting the new piping to the FM,installing gravity sewer valve and a new influent pipe. Installation of new PS,including Installation of precast wet well and valve vault structures,excavation,sheeting&shoring, City of North Miami Installation of pumping units,discharge pipin,electrical and Beach 17011 N.E.19th Carlos Vindel,CMIT 414- instrumentation work,manholes and gravity mains,startup 8 Pump Station, Washington Park 534-4224 $5,454,365.00 testing,slte restoration and maintenance of traffic.Project also 11/18/2025 80% Ave.North Miami includes Installation of 5,825 LF of 10"DIP FM,including but not Force Main Carlos.vindel@citynmb.com Beach,Fl 33162 limited to all pipe,fittings,valves and appurtencances necessary for this new segment of FM. The projects consists of furnishing all materials,labor and equipment necessary to install approx 5,900 IF of new 8"and 1,500 LF of new 4"WM,including but not limited to,excavation, Water Main Tom Raihl 516- demolition,abandon existing WM pipes.All interconnections, Bunche Park Miami Dade $3,191,524.00 service connections,and stub-outs on the existing pipelines 6/1/2025 Services 90% 563-3373 shall be transferred to the proposed or other existing pipelines. Restoration Additionally,fire hydrants shall be installed on the proposed pipelines of adequate size per the Fire Departments requirements. The Work associated with this project generally consists of the following:Install approx 19,554 LF of 8"DIP,2,793 LF of 10"DIP and 3,067 LF of 12"DIP.Abandon all 6"and 12'WM in place., City of North Miami cut/cap and fill with grout.Remove existing corporation stops Water Main Eastern Shores $12,699,311.00 fromexlstingWM,installrepairctampandpressuretes[existing 6/1/2025 95% Beach 17011 N.E.19th Carlos Vindel,CMIT 414- Road Restoration Ave.North Miami 534-4224 main.Cnnect to the existing Phase 1 WM along NE 35th Ave. Install Fire Hydrants.Install new water services from main to Beach,FL 33162 Carlos.vindel@citynmb.com meter. The project consists of Installaiton of approx 5,500 LF of 16" City of North Miami Ductile iron FM through open cut and 350 LF of 20"HDPE SDR-9 Waste Water Thomas Raihl Multi-Site Beach 17050 N.E.19th $6,686,387.00 FM by horizontal drilling with all appurtenances as shown in the 10/15/2025 Construction 65% 516-563-3373 plans Including but not limited to tie-ups with other existing FM, Ave.North Miami Project restoration of roadways and swales,and all other related work. Beach,Ft 33162 Funish all labor,equipment and materials to Install approx r;4,,su..n.,.",r.,l„ i....,,..n..a...., nne 6,800 LF of new PVC WM.This project will include but not be L.iry vi i dual IUOLC ,cava rau'un,r-1-1 limited to installation of the new utility,connection to the 7th&8th St. Beach 630 NW 2nd St. 954-457-1397 exisltngCity WM system,replacement of water services and Water Main Hallandale Beach,Fl 1 adron hallandalebeachfl $4,028,721.70 water meters,relocation backyard meters,relocation of 4/1/2025 95% Hallandale P @ Road Restoration 33009 .gov backyard meters to the front of the properties,private plumbing to reconnect residential services,fire hydrants,isolation and air release valves,utility testing,abandoment of existing WM's, MOT,roadway and site restoration,and all other appuurtenances necessary for a complete utility installation. The project is to Include,but not limited to,all demolition,lift City of Dania Beach Alvaro Cortes 954- station installation,controls,SCADA,electrical,flow meter 100 W Dania Bch Blvd vault,gravity sewer,sanitary manholes,force main piping and Pump Station Lift Station#12 924-6808 $3,699,900.00 fittings,start-up services,training,site restoration,associated 1/19/2026 Rehab 10% Dania Beach,FL 33004 acortes@daniabeachfl.gov roadway and right-of-way restoration,and all other appurtenances neccessaryfor a complete and accepted project. P SOUTHERN UNDERGROUND INDUSTRIES Relevant Experience F38tr Silverwood Area WW Force City of Boynton Beach 124 E ,rte wo.x urwe,Ims yoleet coos4ds or conuructan of tart nor ta0aC0 to app,olimaiety Sewer Force Main (111 000 LF of 6'C900 PVC via open cul.(2)120 LF of 6- Installation,Directional Main Woolbright Rd DIP via open cut,(3)275 LF of 8'DIP via open cul,(4)215 LF of 10"DIP pia open cul, Boynton Beach, FL,33435 Jose C Huertas,P E 1513 6001 F or 8'HOPE pia horizontal directional drat(6)1.650 LF of 10'HOPE via Bore,ARV 561-7421487 $1,81 7.289 97 horizontal directional drill and(7)one 8008-stub out al the specified tocahon Work 6/1/2024 also includes prowdmg be-ins a1 specified locations.he-in piping and appurtenances, huerlasl@bbfl us gale valves air release valves City of Hallandale Beach 630 Mange Ebbe 954-457-3043 The work to be performed under Ins contract Includes sic and civil work associated Resuse Force Main mebbe@hallandalebeachfl gov with the construction of approximately 3.910 LF of new pressured reuse',nation Installation,Directional N W 2nd St, main.out of which 3.115 LF will be 8'PVC C-900 and the rereainrg 195 LF wit be 8' Hallandale Beach,FL,33009 DIPS HOPE OR 11 to be installed via Horizontal Drreclional Drilling crossing Bore,ARV.Pump Hallandale Three Island Reuse underneath the Venetian Waterway Canal Tnis project also includes existing pump Station Rehab $2,193,639 00 station rehabilaabon electrical upgrades,instrumentation panel and controls and 7/1/2024 Pipeline II mechanical work The work is located vnlhin portions of Three Island Ovulevard. Parkview Drive and Leslie Drive Right-ot.ways and within Joseph Scavo Park City of Boca Raton 2500 NW 1st Jimmy Georgievski 561-239-3061 Installation of approximately 23,790 linear feel of water mains and Water Main Ave,Boca Raton, FL, 33431 Egalvan@Ci boca-raton fl us 4,810 6,240 linear feet of force mains within road rights-of-way to Installation,Directional replace existing mains This includes abandonment of the existing Bore,Forcemain water main and force main systems,new water services,relocation Installation,Water Boca Square Infrastructure $9,269,447 00 and reconnection of the wafer services from the new water main l0 7/1/2024 Meter Relocation Upgrades the house where existing water mains were located at the rear of properties,new fire hydrants,as well as restoration of private and public property Pinellas County 22211 U.S 19 Joe Boggs 727-464-8880 The work to be performed is comprised of the removal of existing air N Bldg 16 jboggs@co pinellas fl us release valve(ARV)assemblies located in below grade manholes Clearwater,FL,33765 and the installation of above grade air release valve assemblies at Force Main Air Release Valve six(6)sites on existing force mains SewReplacement $1,246,716 50 22-May ARV Force Main The project consists of a force main replacement and large user HDD,Sewer forcemain meter(LUM-07)site improvements project:replacement of the installation,Installation existing Large User Meter LUM-07,air release valve,electrical and demo of exisiting components,vaults and site,also abandonment of approximately Large User Meter 07 Replacement of Hallandale Beach City of Hollywood 2600 Hollywood Blvd Feng Jiang 954-921-3930 4,900 LF of existing FM and construction of approximately 3,800 Force Main and Large User Meter Lum- g@ ywoodfl org 07 ywood1,974.652 44 linear feet 0116-inch PVC force main via open out and 500 linear 23-Mar Hollywood,,FL,33020 F ian holt feet of 20-inch HDPE force main via HDD from LUM-07,located on the south side of Pembroke Rd and S 18th Ct,to an existing 30- inch diameter force main connection located at the intersection of S 15th Ave and the alley between Rodman St and Funston St This project is located throughout the City of Fort Lauderdale The work to be accomplished under this contract includes, but is not limited to,the construction and installation of various storm water infrastructure ANNUAL CONSTRUCTION OF City of Fort Lauderdale 100 N Andrews Sayd Hussain 954- consisting of:catch basins, storm water manholes, GENERAL STORMWATER Ave 828-5678 $1,285,714.29 piping,exfiltration trenches,tidal valves,swales Ongoing Drainage INFRASTRUCTURE Fort Lauderdale,FL 33301 Shussain@fortlauderdale gov regrades,retention area,pipe lining,pervious pavements and repair of the aforementioned Work consists the construction of approximately three thousand two hundred and fifty feet(3,250')of eight-inch(8')gravity sanitary sewer main,fifteen(15)maintenance access structures,one(1) pump station,one thousand three hundred feet(1,300')of six-inch BROWARD COUNTY (6")force main to the existing Stirling Road force main,one(1)air Gravity Sewer Main District 3A StepArea 3A-N BOARD OF COUNTY George Lopez 954-831-0919 release valve and structure,and associated service lines and $1,488,108.57 23-Mar Installation,New pump galopez@broward org cleanouts Furthermore,the scope of work in this project involves Station Install COMMISSIONERS milling of pavement,restoration of the roadways,and landscaping The work also includes renovations to a monument sign including but not limited to the lighting,lettering,and additional landscape The Project has the potential to eliminate approximately thirty-six f'lR%•artl.rer.Ye renew IM a..ef•.e,a ir.f,.,,i..rae.lfnnl,,, The Work(Project)consists of furnishing all labor,material and equipment for the construction of approximately 5,850 lineal feet of 8-inch diameter SDR-26 PVC gravity sewer main,twenty-two(22) sanitary manholes,fifteen(15)sanitary sewer services,six-hundred forty(640)lineal feet of 8-inch PVC force main,one-hundred twenty (120)lineal feet of 12-inch diameter jack and bore,one(1)central lift station,sanitary connection to FPUA's existing sanitary Dtgiorgio Sanitary Sewer Lugey Dawson(772)466-1600 tranmission system,restoration and miscellaneous appurtenances Gravely Sewer Main Fort Pierce Utility Authority $1,875,387 00 Ongoing Installation,New pump Design jcarnes@fpua corn Station Install City of Fort Lauderdale 949 N W 38th Terrance Bray 954-696-0166 Work order contract consisting of furnishing all labor,materials and Gravity Sewer Repair Street Tbrayt fortlauderdale corn equipment for emergency construction services for the replacement Force Main Repair, Fort Lauderdale.FL 33309 of the following water and wastewater utilities:Gravity Sanitary Water Main Repair Sewer Pipe(4"-36")at oaring depths and manholes;Water main (4"-36")at oaring depths and associated fittings,valves,and FHs, Annual Sewer Repair $9.035,742 17 Roadway milling and restoration Recently completed in December Ongoing 2020,3400 LF of 8"Gravity Sanitary Sewer main within residential roadways along with associated road restoration Emergency Replacement of 120 LF of City of Miami Beach 451 Mariana Evora 305-673-7000 The work consisted of demoing 120 LF of 16"Ductile Iron water Water Main Demo and 16-inch DIP along the Venetian Dade Boulevard Miami Beach,FL, MarianaEvora@miamibeachfl gov main and pipe hangars on the side of the Venetian Causeway Replacement on a Causeway 33139 bridge,and replacing it with 120 LF of 20"HDPE and new pipe bridge hangars This was an emergency work order by the City of Miami Beach $322,983 34 Feb-22 City of Deerfield Beach 200 Goolsby Priscilla Cygielnik 954-616-7046 The Work consisted of construction of a new 20'wastewater lift New Pump Station Blvd Pcgielnik@deerffeld-beach com station and demolition of the existing station Installation of a new Install Demo Exisiting Deerfield Beach,FL,33442 forcemain to exisitng forcemain in service Pump Station Deerfield Beach Lift Station#25 $412,000 00 Jan-22 B-22 PS was a duplex station equipped with centrifugal pumps in a dry well configuration,it was demoed and removed The station was at the end of its useful life and was replaced with a prefabricated Cil of Fort Lauderdale 100 N Andrews submersible package odorless station 200 LF of HDPE 4-inch force 8-22 Pumping Station y Terrance Bray954-696-0166 New Pump Station p 9 Ave $457.641 00 main was installed to replace the existing Cast Iron force main Mar-22 Install,Demo Exisiting Replacement Fort Lauderdale FL 33301 1 bra a fortlauderdale.com YG� Pump Station Neighborhood Road Program Year 1- City Of Lake Worth Water Utilities Giles Rhodes 561-586-1640 Construction of Roadway Potable Water and Sanitary Sewer District 2 15th,161h,17th,&18th Administration 301 College Street Lake grhoads@LakeWorth org Improvements Complete roadway restoration in a residential Avenue North Worth,FL 33461 neighborhood $4,339,626 20 Oct-18 Road Restoration City of Tamarac 6011 Nob Hill Road Earl Henry 954- The project consists of removing and replacing existing Remove and Replace Tamarac.FL,33321 597-3758 underground yard piping,installing new magnetic flow meters, Flow Meter Earl Henry@lamarac org access vault and bypass piping and modifying the existing fluoride injection point The project also includes connecting the new flow meters to the plants existing SCADA system and replacing a WTP Finished Water Meter $432,010 00 monitoring well Apr-22 City of Longwood 175 Warren Avenue Shad Smith,P E (407)260-3447 Construction of approximately 17,270 linear feet of 16-inch Longwood,Florida 32750 ssmilh@longwoodfl org wastewater force main connecting the City of Longwood's Wildmere Transmission Main Project $3.722 162 40 Lift Station force main to the City of Altamonte Springs sanitary Nov-10 Directional Drilling sewer system via open cut method Installation of 30"steel casing Lining via Jack and Bore underneath railroad tracks Installation of 7 420 City of Arcadia Julie L Karleskint,PE 941-960-4983 Installation of 8,631 LF of potable wafer system including services Slip Lining,Culverts, 23 North Polk Avenue Arcadia,FL jkarleskinl@hazenandsawyer corn using open cut methods,slip lining of 1759 LF of gravity sewer and Road Restoration and Lincoln Park Water Main 34266 reinstallation of services,directional drill of 1,425 LF HOPE pipe Pavement Patching Improvements $1.686,156 00 under drainage culverts.open cut installation of 5101 LF PVC Mar-21 sanitary sewer,reconnection and replacement of services,and replacement of 25 manholes along with patching of asphalt,milling enn rali xlannn nl oanhall.orlon*.and rnnlnl.la inslallohnn M a The project includes the repacement of approximately 4,000 linear feet of water main along with the replacement of existing water services,water meters,water meter boxes,valves,and fire hydrants within the project limits along with all necessary restoration The City of Wilton Manors 2020 Wilton Pipe Bursting, Jenada Isles Utility Improvement David Archaki darchacki@wiltonmanors coin water main replacement shall be completed by primarily using pre- g. Project Drive 954-390-2190 $1'119'717 50 chlorinated pipe bursting construction methods along with a limited Dec-21 Directional Dnitinti Wilton Manors,FL,33069 Water Main Installation sement to be replaced using horizontal directional drill construction methods The project also includes the replacement of approximately 400 linear feet of sanitary force main and associated valvesand connectio(ls which shall be installed Using horizontal Tohopekaliga Water Authority 951 Edwin Malos,P E(407)-944-5000 Constructed approximately 4,540 linear feet of 24-inch Directional Drilling, Marlin Luther King Blvd 3rd Floor Ematos@tohowater corn D I P potable water main and approximately 5,400 linear feet of 30- Water Main Installation Kissimmee,FL 34741 inch PE(DR-11)potable water main via directional bore methods The project includes various connections Boggy Creek-Narcoossee Road Water to existing infrastructure,existing asphalt roadway open cut and $5,451,942 71Mar-21 Main Extension repairs,extensive maintenance of traffic and the usual appurtenances Pinellas County Board Of Dale Laird,P M (727)464-8883 Procure and install approximately 3,000 linear feet 0116-inch Road Restoration Commissioners dlaird@pinellascounly org parallel water main from North of County's Valve 30JS-WV3O03 to major roadway,MOT in 400 S FT Harrison Ave Clearwater,FL McMullen Booth Road and SR 560 intersection to the south and DOT ROW 33756 approximately 30-ft of 12-inch parallel water main at the intersection of McMullen Booth Road and SR 580 The pipe was installed using open cut and horizontal direction drilling McMullen Booth Road and SR 580 Water Main Improvements $1,255,203 00 Nov-19 Performed wastewater pump station improvements for Town of Palm Coastal,low lying, Beach lift stations E-3,E-4 and G-9 Scope consisted of complete tidally influenced rehabilitation of the pumping sewer system including wetwells areas Hard Rocky TOWN OF PALM BEACH structures,valve vaults,installation of new mechanical piping,use Surface Condilons E-3,E-4 AND G-9 WASTEWATER Jason Debrincat,P E(561 290 0956) of bypass pumps,installation of new electrical control panels and Narrow ROW and PUMP STATION IMPROVEMENTS 951 Okeechobee Road,Suite D,West $1,190 050 00 Mar-20 Palm Beach,FL 33401 jdebrincal @TownOfPalmBeach corn instrumentation,odor control,telemetry/RTU system,interior Congestion coating of the welwell structures and general restoration East Water Treatment Plant City of Miramar Utilities Department. Junior A Francis 954-544-0631 This Design-Build project included the installation of seven Renovations Raw Water 8 Concentrate 13900 Pembroke Rd,Miramar,Florida, jafrancis@miramarfl gov directional drill of 14"and 18`HDPE totaling 5,000 LF and open cut Main,City of Miramar 33027 installation of 5,520 LF of 10"to 24"PVC pipe for the raw water main and reject main needed to connect this WTP to the new wells $2,137,169 00 drills As well as Rehabiliation of the east water treatment plant May-20 Directional Drilling Emergency Water Main Repair on City of Miami Beach Public Works Lys Desir Jr 305-673-7083 Emergency Replacement of 180 LF of 16-inch Cast Iron with 20- Coastal,low lying, Venetian Causeway Bridge East of Department- LysDesir@miamibeachfl gov inch HDPE pipe and 20 LF of 16-inch Cast Iron with Ductile Iron on tidally influenced Dilido Island 451 Dade Boulevard Miami Beach.FL a bridge areas High Water 33139 Table $247.550 00 mai-is Emergency Replacement of 180 LF of Cily of Miami Beach Public Works Eugene Egemba, Replacement of 180 LF of 20-inch Water Main attacehd to the south Coastal,low lying, 20"WM on the South East Side of the Department- P E (305)-673-7080 side of the MacArthur Bridge deck tidally influenced MacArthur Causeway Bridge 451 Dade Boulevard Miami Beach,FL EugeneEgemba@miamibeachfl gov areas High Water 33139 Table $599,830 00 Sep-19 Emergency Repair of the 8-inch Force City of Miami Beach Public Works Eugene Egemba. $239,580 00 Emergency Repair of the 8-inch Force Main under the LaGorce Coastal,low lying, Main under the LaGorce Bridge Department- P E (305)-673-7080 Bridge tidally influenced 451 Dade Boulevard Miami Beach,FL EugeneEgemba@miamibeachfl gov Feb-19 areas High Water 33139 Table Irma12017 Water Main Transmit City of Miami Beach Public Works Jose Rivas P E $219,230 00 Emergency replacement of the essential 20-inch HDPE Water Main Coastal,low lying, Project Department- (305)673-7080 transmission line damaged by Hurricane Irma under the Venetian tidally influenced 451 Dade Boulevard Miami Beach,FL Josenvas@miamibeachfl gov Causeway Bridge Dec-17 areas High Water 33139 Table Waters Edge Residential and River Pasco County Purchasing Department Ivan Martinez(813)235-6189 $2,826.605 00 Project included five directional drills of 18"HDPE(631 LF,278 LF, Directional Drilling. Ridge Golf Course Reclaimed Water 8919 Government Drive New Port imarlinez@pascocounlyfl net 1003 LF,1277 LF,and 302 LF)and open cut installation of 14,700 Major Roadway Transmission Main Richey,FL 34654 LF of 16"DIP for a critical reuse project along a busy corridor 0ci-1e Simpson Road 30"Water Main Tohopekaliga Water Authority 951 Edwin Matos,P E(407)-944-5000 $2,084,625 00 Installation of approx 3200 LF of 30"DIP Water Main and 1300 LF Sep-17 Directional Drilling, Project Martin Luther King Blvd 3rd Floor Ematos@tohowater corn of 30"Fusible PVC via HDD along an Osceola County Roadway Major Roadway,Road Kissimmee,FL 34741 Restoration Water Main Extension Connecting Palm Beach Water Utilities ' Joseph Tanecredi,P E (561)-493-6088 $687,900 00 Installation of approx 6500 LF of a new 16"water main connecting Oc1.17 MOT in DOT ROW SR15 to SR80 Department 8100 Forest Hill Jtanecredy@pbcwater corn to the existing 12"water main on a State Road 15 to the 16-inch on Primary Hwy Blvd West Palm Beach,FL 33413 water main along State Road 80 City-Wide High Tide Mitigation City of Miami Beach Public Works Eugene Egemba, Installation of approximately 200 inline backflow prevention valves Coastal low lying, Project Department-1700 Convention Center P E (305)-673-7080 $3,346,512 66 and 11 large drainage structures over on the City's stormwaler Nov 17 tidally influenced Drive,Miami Beach,FL 33139 EugeneEgemba@miamibeachfl gov outfalls throughout the City also included the installation of small areas High Water water mains and valves and 400 LF of 42"RCP Drainage Piping Table Resort Areas Flamingo Road Reclaimed Water Main City of Miramar Water Utilities Dept Ronnie Navarro Director of Operations + Design-Build Project Included Installation of approx 9,500 LF of 8- Project 13900 Pembroke Road,Miramar,FL 954 883 6825 $1,260,000 00 Inch HDPE and PVC reclaimed water main along the Flamingo Jun-17 Directional Drilling 33027 rsnavarro@miramarfl gov Road via Horizontal Directional Drill and via open cut Broward County Water 8 Wastewater Micheal Hagerty P E(954)831-3217 Installation of approx 3700 LF of 30-Inch DIP Force Main along the C-14 Canal Force Main Engineering Division 2555 W Copans Mhagerty@broward org $1,915,200 00 C-14 Canal Bank and 624 LF of 36"HDPE via Horizontal On(-18 Directional Drilling Road,Pompano Beach FL 33069 Directional Drill across Rock Island Road NW 18th Street Force Main City of Margate Engineering Curt Keyser Director(954)972-0828 Installation of 2,690 LF of 8'DIP Water Main on NW 18th Street Directional Drilling. Construction Department 901 NW 66th Avenue, Ckeyser@margatefl corn Project also included a crossing of Rock Island Road,a directional Roadway Restoration Margate,FL 33063 drill across a canal,and roadway restoration in an urban $437,498 00 environment May-le 17700 Collins Avenue-Residence Inn 17700 Collins Ave Owner,LLC 1065 David Wolfe(954)650-7437 $235,600 00 Installation of water,sewer connections for service to this Resort Areas Marriott Kane Concourse,Suite 201,Bay Davidjwolfe@icloud com development Also installed stromwater improvements including Harbor Islands,FL 33154 several large well structures onsite Aug-16 Water Main and Force Main Aerial Palm Beach Water Utilities Joseph Tanecredi.P E (561)-493-6088 $534,236 20 Project Included Installation of 8-inch to 12-inch DIP water main and Feb-16 Long and Short Crossing Replacement Department 8100 Forest Hill jtanecredy@pbcwater corn force main aerial crossing replacements on three bridges Span Bridges Blvd West Palm Beach.FL 33413 Roadway Improvements Various City of Miami Beach Public Works Jose Rivas P E Project Drainage Structure&Piping Installation to 24"diameter with Roadway Restoration, Project Areas Department-1700 Convention Center (305)673-7080 full roadway reconstruction including curb 8.gutter&sidewalks Resort Area Drive,Miami Beach,FL 33139 Joserivas@miamibeachfl gov $650,253 00 near-16 City of Delray Beach,FL 434 S Steve Dellaquila PM (561)504-0321 Installation of 18'Reclaimed Water main via open cut and Directional Drilling Reclaimed Water Main-Area 11 A Swinton Avenue,Delray Dellaquillas@mydelraybeach cormdirectional drill in downtown Delray Beach Project included Road Restoration $800,000 00 2014 Beach,FL 33444 roadway restoration in an urban environment Reclaimed Water Main-Area 11 B City of Delray Beach,FL 434 S Steve Dellaquila PM (561)504-0321 $1,200,000 00 Installation of over 8.000 LF of 4",6",10'Reclaimed Water Mains Road Restoration Swinton Avenue,Delray Dellaquillas@mydelraybeach corn and RWM Services throughout residential neighborhoods Project Beach,FL 33444 included roadway restoration in an urban environment 2D14 The City of Boynton Beach C \T Y 0,c- DIVISION OF RISK MANAGEMENT 100 E.Ocean Avenue Boynton Beach,Florida 33435 I (P): 561-742-6271 (F): 561-742-6274 www.bovnton-beach.ora ______) TO N t3 VENDOR INSURANCE REQUIREMENTS — PROCUREMENT 1. INSURANCE REOUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City's requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence • $3,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury • $1,000,000 per occurrence for Property Damage • $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability,Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liabilitv/Malnractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: • $2,000,000 each occurrence • $3,000,000 annual aggregate Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440,Florida Statutes.Any contractor performing work on behalf of the City must provide Workers' Compensation insurance of at least the statutory requirements in addition to Employer's Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City's Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent. Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore and Harbor Workers' Compensation Act or Jones Act, if applicable. AMERICA'S GATEWAY TO THE GULFSTREAM For any Contractor who has exempt status as an individual,the City requires proof of Workers' Compensation insurance coverage for that Contractor's employees, leased employees, volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers' compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder's Risk) Coverage must be afforded in an amount not less than 100% of the total project cost,including soft costs,with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: • All Risk Coverage including Flood and Windstorm with no coinsurance clause • Guaranteed policy extension provision • Waiver of Occupancy Clause Endorsement,which will enable the City to occupy the facility under construction/renovation during the activity • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project • Equipment Breakdown for cold testing of all mechanized,pressurized,or electrical equipment For installation of property and/or equipment, Contractor must provide Builder's Risk Installation insurance to include coverage for materials or equipment stored at the project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Contract. b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Contract term goes beyond the expiration date of the insurance policy,the Contractor shall provide the City with an updated Certificate of Insurance no later than ten(10)days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate. AMERICA'S GATEWAY TO THE GULFSTREAM The Certificate Holder should read as follows: City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave. Boynton Beach,FL 33435 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible,co-insurance penalty,self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida,its officials,employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees, or volunteers shall be excess of Contractor's insurance and shall be non- contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, and/or this Contract is terminated. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. All notices of any claim/accident (occurrences) associated with this Contract, shall be provided to the Contractor's insurance company and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Cyber Liability) may be required based upon the type of event, event location, and/or number of participants. Revised 06/17/2025 AMERICA'S GATEWAY TO THE GULFSTREAM