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HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: September 23, 2024 FILE: City Manager CSg!dby: a6uSSa Col t. iA. AZUU3135A688U486_. SUBJECT: Recommendation for Approval to Award Pre -Qualified Pool of Vendors for the Removal of Derelict Vessels FROM: Annie Perez, CPPO REFERENCES: Invitation for Bid ("IFB") No. Director/Chief Procurement Officer 1834386 Department of Procurement ENCLOSURES: RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement"), hereby recommends the award of Invitation for Bid, ("IFB") No. 1834386 to various responsive and responsible Bidders, for inclusion in a pre -qualified pool for the provision of the removal of derelict vessels, on an as needed basis. The awarded vendors, contract terms, and amount are listed below: IFB No./Title: IFB No. 1834386 Pre -Qualified Pool of Vendors for the Removal of Derelict Vessels Contract Amount: Contract Term: Recommended Vendor: Varies per project and budgetary approval at the time of need. Three (3) years with the option to renew for one (1) additional three (3) year period. DRC Emergency Services, LLC ("DRC"), and Kearns Construction Company ("Kearns") BACKGROUND: On July 10, 2024, the Department of Procurement on behalf of the Department of Police Marine Patrol, issued IFB No. 1834386, Pre -Qualified Pool of Vendors for the Removal of Derelict Vessels, on an as needed basis, under full and open competition. On August 13, 2024, at bid closing two (2) bids were received. The bids were evaluated and tabulated following the guidelines published in the IFB. The two (2) Bidders were deemed responsive and responsible. In addition, this is an open pool whereby vendors can be added to the pre - qualified pool in the future. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. oo�;:rjega g�ea e: Approved: C bSUV, City Manager September 25, 2024 1 22:49:34 EDT Date: c: Manuel A. Morales, Chief, Police Department Thomas Fossler, Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director, Department of Procurement P R24254 DIVISION OF CORPORATIONS rr D!`/n!c rI of rut official 5iale of Florida kvefrsiie Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company DRC EMERGENCY SERVICES, LLC Filing Information Document Number M05000003946 FEI/EIN Number 63-1283729 Date Filed 07/18/2005 State AL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 09/29/2015 Event Effective Date NONE Principal Address 6702 BROADWAY STREET Galveston, TX 77554 Changed: 11/13/2018 Mailing Address 111 Veterans Memorial Blvd Suite 401 M ETAI RI E, LA70005 Changed: 04/23/2024 Registered Agent Name & Address COGENCY GLOBAL INC. 115 North Calhoun Street Suite 4 Tallahassee, FL 32301 Name Changed: 10/29/2013 Address Changed: 04/16/2019 Authorized Person(s) Detail Name & Address Title Manager, VP Sullivan, William 6702 BROADWAY STREET Galveston, TX 77554 Title VP, Secretary, Treasurer Fuentes, Kristy 6702 BROADWAY STREET Galveston, TX 77554 Title Manager, President Sullivan, John R. 6702 BROADWAY STREET Galveston, TX 77554 Title Manager, VP Sullivan, Todd 6702 BROADWAY STREET Galveston, TX 77554 Annual Reports Report Year Filed Date 2022 04/28/2022 2023 04/20/2023 2024 04/23/2024 Document Images 04/23/2024 --ANNUAL REPORT 04/20/2023 --ANNUAL REPORT 06/10/2022 --AMENDED ANNUAL REPORT 04/28/2022 --ANNUAL REPORT 04/27/2021 --ANNUAL REPORT 04/09/2020 --ANNUAL REPORT 04/16/2019 --ANNUAL REPORT 04/18/2018 --ANNUAL REPORT 04/14/2017 --ANNUAL REPORT 04/28/2016 -- AMENDED ANNUAL REPORT 04/25/2016 --ANNUAL REPORT 04/29/2015 --ANNUAL REPORT 12/03/2014 -- LC Amendment 06/10/2014 -- AMENDED ANNUAL REPORT 01 /13/2014 --ANNUAL REPORT 10/29/2013 -- Reg. Agent Change 01 /21 /2013 --ANNUAL REPORT 04/11/2012 --ANNUAL REPORT 03/15/2011 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 10/15/2010 -- REINSTATEMENT 03/27/2009 --ANNUAL REPORT 03/13/2008 --ANNUAL REPORT 04/02/2007 --ANNUAL REPORT 08/03/2006 --ANNUAL REPORT 03/16/2006 --ANNUAL REPORT 07/18/2005 -- Foreign Limited View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations DIVISION OF CORPORATIONS /y.org rj p • P an off r m1/ 5lu - of f JOri n web5ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation KEARNS CONSTRUCTION COMPANY Filing Information Document Number P01000015810 FEI/EIN Number 77-0615005 Date Filed 02/12/2001 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/11/2018 Principal Address 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Changed: 12/18/2018 Mailing Address 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Changed: 12/18/2018 Registered Agent Name & Address KUVIN, LOWELL J 17 EAST FLAGLER STE 223 MIAMI, FL 33131 Name Changed: 10/10/2016 Address Changed: 05/23/2011 Officer/Director Detail Name & Address Title CEO KEARNS, CHARLES S 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Title CFO KEARNS, JOHN Will 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Title COO SULLIVAN, JAMES BJR 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Annual Reports Report Year 2022 2023 2024 Filed Date 04/09/2022 01/26/2023 04/03/2024 Document Images 04/03/2024 --ANNUAL REPORT View image in PDF format 01/26/2023 --ANNUAL REPORT View image in PDF format 04/09/2022 --ANNUAL REPORT View image in PDF format 04/26/2021 --ANNUAL REPORT View image in PDF format 06/29/2020 --ANNUAL REPORT 04/23/2019 --ANNUAL REPORT 10/11/2018 -- REINSTATEMENT View image in PDF format View image in PDF format View image in PDF format 1 02/24/2017 --ANNUAL REPORT 10/10/2016 -- REINSTATEMENT 01/09/2015 --ANNUAL REPORT 03/24/2014 --ANNUAL REPORT 01/15/2013 --ANNUAL REPORT 02/14/2012 --ANNUAL REPORT 05/23/2011 --ANNUAL REPORT 04/26/2011 --ANNUAL REPORT 09/30/2010 -- REINSTATEMENT 03/23/2009 --ANNUAL REPORT 07/09/2008 --ANNUAL REPORT 05/01/2007 --ANNUAL REPORT 04/27/2006 --ANNUAL REPORT 04/29/2005 --ANNUAL REPORT 07/20/2004 --ANNUAL REPORT 02/02/2004 --ANNUAL REPORT 10/20/2003 -- REINSTATEMENT 02/27/2002 --ANNUAL REPORT 12/17/2001 -- Reg. Agent Change 02/12/2001 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format rioncia Department of State, Division of Co 3800 NE 1st Ave. Miami, FL 33137 DRC EMERGENCY S RVIC�., RVICL Stri ng Back ORIGINAL PROCUREMENT DEPARTMENT 444 SW 2ND AVENUE, 6TH FLOOR MIAMI, FL 33130 LIITATI©IT1Q,gL°3Il834386 PRE -QUALIFIED VENIRS FOR THIR1EM(OWAL 0 REILICT W`SEILS �G A�US�T13jt?.AT 3:OOVM4 Florida Contractor License No. CRC 1331307 )DRCDRC Emergency Services ODRC Evan Fancher Regional Manager Efancher@dreusa.com p: (888) 721-4372 f: (504) 482-2852 EMERGENCY SERVICES 5tr+kin Back. Proposal By DRC Emergency Services Kristy Fuentes Vice President of Compliance and Administration Kfuentes@dreusa.com Mir elm Yam. Mr DRC EMERGENCY SERVICES Striking Back. DRC CONTACTS I"1 KRISTY FUENTES Vice President of Compliance and Administration Email: kfuentes@drcusa.com Office: 504.482.2848 Cell: 504.220.7682 JOHN SULLIVAN President Email: jsullivan@drcusa.com Office: 504.482.2848 Cell: 832.731.8234 WES HOLDEN Director of Government Relations 1111 Email: wholden@drcusa.com Cell: 813.352.9942 P.O. Box 17017 Galveston, TX 77552 TTY: 888-721-4DRC Phone: 504-482-2852 Fax: 504-482-2852 www.dreusa.com DRC CONTACT ADDRESSES 111 Veterans Blvd., Suite 401 Metairie, LA 70005 EVAN FANCHER Regional Manager Email: efancher@drcusa.com Cell: 205.478.6400 JOE NEWMAN Vice President of Operations Email: jnewman@dreusa.com Cell: 214.930.9300 LISA GARCIA WALSH Contract Manager Email: Iwalsh@dreusa.com Office: 504.482.2848 Cell: 504.715.9052 TOTAL DISASTER RECOVERY SERVICES I DRCUSA.COM City of Miami 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 DRC EMERGENCY SERVICES SERVICES Striking Back. August 13, 2024 Re: Pre -Qualified Pool of Vendors for the Removal of Derelict Vessels IFB No. 1834386 Dear Teresa Soto, DRC Emergency Services, LLC (DRC) is grateful for the opportunity to present our proposal to provide the Removal of Derelict Vessels for the City of Miami, as outlined in the referenced IFB. DRC holds standby debris removal contracts with the City of Miami as well as Miami -Dade County, Miami Beach, Miami Gardens, Miami Shores, North Miami, North Miami Beach, and many other nearby jurisdictions. DRC has more than two decades of experience providing expert debris removal throughout South Florida, including the responses to multiple hurricanes. DRC also has extensive experience in the removal of sunken vessels. Recent experience includes the Louisiana Parishes ofJefferson, Terrebonne, and East Baton Rouge. In Terrebonne Parish after Hurricane Ida, DRC cleared 189,614 cubic yards of debris from waterways. In the City -Parish of East Baton Rouge, our annual channel clearing project for 2022 totaled $11,029,963. DRC Emergency Services boasts unparalleled experience in responding to both natural and man-made disasters, solidified by extensive partnerships with state agencies. Our expertise is demonstrated through our comprehensive and effective disaster recovery efforts, ensuring that affected communities receive prompt and proficient assistance. We pride ourselves on our long- standing relationships with local, state, and federal agencies, which enhance our ability to mobilize swiftly and efficiently in the wake of any disaster. In the event of an incident in the City of Miami, DRC pledges to deploy all necessary manpower and equipment to ensure project requirements are met. We have local Florida subcontractors and are committed to engaging additional local City of Miami businesses. Upon award, DRC will conduct a subcontractor outreach program in the City of Miami to identify additional local subcontractors. With DRC's team having over 50 years of experience, DRC has a proven track record in disaster recovery and emergency management services for federal, state, and local governments. Acquired by the Sullivan brothers from Galveston, Texas, in 2016, DRC joined the Sullivan Family of Companies, which includes Sullivan Land Services, SLSCO, Forgen, and Callan Marine Services. Our comprehensive services encompass emergency debris removal, disaster management (including temporary housing and workforce support), FEMA documentation, debris management, right-of-way maintenance, marine debris salvage, vehicle and vessel removal, technical assistance, project management, construction, demolition, and final disposal management. Employing over 40 full-time staff, DRC has access to over 1,000 employees through our family of companies, making us a trusted partner for towns, cities, and jurisdictions nationwide in disaster recovery services. Corporate officers with legal signing authority to bind DRC to the terms and conditions of this proposal include John Sullivan, President, and Kristy Fuentes, Vice President/Secretary-Treasurer. Evidence of their authority is attached. The Regional Manager for Florida is Evan Fancher who can be reached at (888) 721-4372, by cell: (205) 478-6400 or by email: Efancher@drcusa.com. 3800 NE 1st Avenue • 2nd Floor • Miami, FL 33137 • (888) 721-4372 • Fax: (504) 482-2852 www.dreusa.com 1 This proposal is in all respects fair and in good faith, without collusion or fraud and conforms to the specifications of your IFB. If we may offer any additional information or clarifications, please let us know. Thank you for the opportunity to offer our services and we look forward to working with the City of Miami in the future. Sincerely, Kristy Fue?rt Vice President, Secretary, Treasurer 3800 NE 1st Avenue • 2nd Floor • Miami, FL 33137 • (888) 721-4372 • Fax: (504) 482-2852 www.drcusa.com 2 ACTION IN LIEU OF A MEETING OF THE MEMBERS OF DRC EMERGENCY SERVICES, LLC This action is taken in accordance with the Alabama Limited Liability Company Act, as amended (the "Act"), in lieu of a meeting of the Members of DRC EMERGENCY SERVICES, LLC, an Alabama limited liability company (the "Company"), and is made effective as of January 1, 2018. WHEREAS, Section 9.01 of the Company's Third Amended and Restated Operating Agreement dated January 1, 2018 (as amended, the "LLC Agreement") and the Act permit the Members of the Company to take the following actions; and WHEREAS, the undersigned, constitutes the Members of the Company (the "Members"). NOW, THEREFORE, the undersigned hereby make the following resolutions and consents to the following actions in lieu of a meeting of the Members of the Company: 1. The following persons, in their respective capacities indicated below, are hereby authorized and empowered for the express purpose of signing all contracts, agreements, bid documents, filings and other documents necessary for execution between Company and any third -party in the ordinary course of the Company's business, subject to any restrictions of limitations on authority as set forth in the Company's governing documents: Name Office/Capacity John R. Sullivan President Todd P. Sullivan Vice President William W. Sullivan Vice President and Secretary Kristy Fuentes Vice President of Administration and Compliance, Secretary and Treasurer 2. The officers listed above after giving effect to this written consent are hereby authorized and directed on behalf of the Company to execute and deliver such agreements and instruments, make such filings and give such notices, and take any and all such other actions, and to do or cause to be done, such acts as such officers may deem necessary or advisable to accomplish or otherwise implement the purposes of the foregoing resolutions or to cause the Company to perform its obligations under any of the foregoing, until his or her successor is duly elected and qualified, his or her resignation, his or her removal from office by the Members of his or her death. 3. All actions taken by any officer of the Company in connection with any of the transactions contemplated by these resolutions are hereby authorized, approved, ratified and confirmed in all respects. 4. This written consent may be executed in counterparts, and all so executed shall constitute one action notwithstanding that all of the undersigned are not signatories to the original or to the same 1 3 Signature Page to Action in Lieu of Meeting counterpart. This written consent shall be filed with the minutes of the proceedings of the Members of the Company. Dated effective as of the date first written above. DRC EMERGENCY SERVICES, LLC (901- By: John R. Sullivan Its: Member By: odd P. Sullivan Its: Member By: William W. Sullivan Its: Member 2 4 Ron DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, Secretary CONSTRUCTION INDUSTRY LICENSING BOARD THE RESIDENTIAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES r • • 1 SMITH, HAMILTON BEVERIDGE DRC EMERGENCY SERVICES, LLC P.O. Box 170 P.O. BOX 17017 GALVESTON TX 36608 * • iLaact, LICENSE NUMBER: CRC1331307 1 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. 5 dbpr STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CRC1331307 ISSUED: 06/01/2022 CERTIFIED RESIDENTIAL CONTRACTOR SMITH, HAMILTON BEVERIDGE DRC EMERGENCY SERVICES, LLC Signature LICENSED UNDER CHAPTER 489, FLORIDA STATUTES EXPIRATION DATE: AUGUST 31, 2024 Ron DeSantis, Governor Melanie S. Griffin, Secretary STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER: CRC1331307 THE RESIDENTIAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES SMITH, HAMILTON BEVERIDGE DRC EMERGENCY SERVICES, LLC P.O. Box 170 P.O. BOX 17017 GALVESTON TX 36608 ISSUED: 06/01/2022 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. 6 State of Florida Department of State I certify from the records of this office that DRC EMERGENCY SERVICES, LLC is an Alabama limited liability company authorized to transact business in the State of Florida, qualified on July 18, 2005. The document number of this limited liability company is M05000003946. I further certify that said limited liability company has paid all fees due this office through December 31, 2014, that its most recent annual report was filed on June 10, 2014, and its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-seventh day of January, 2015 ION 04A Secretary of State Authentication ID: CU5800449263 To authenticate this certificate,visit the following site,enter this ID, and then follow the instructions displayed. https://efile.sunbiz.orglcertauthver.html 7 D.VISION OF CORPOR TIONS 5 +� f 1Vfji`I Jf. r j'y f an vitivh !riarido Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company DRC EMERGENCY SERVICES, LLC Filing Information Document Number M05000003946 FEI/EIN Number 63-1283729 Date Filed 07/18/2005 State AL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 09/29/2015 Event Effective Date NONE Principal Address 6702 BROADWAY STREET Galveston, TX 77554 Changed: 11/13/2018 Mailing Address 111 Veterans Memorial Blvd Suite 401 METAIRIE, LA 70005 Changed: 04/23/2024 Registered Agent Name & Address COGENCY GLOBAL INC. 115 North Calhoun Street Suite 4 Tallahassee, FL 32301 Name Changed: 10/29/2013 Address Changed: 04/16/2019 Authorized Person(s) Detail 8 Name & Address Title Manager, VP Sullivan, William 6702 BROADWAY STREET Galveston, TX 77554 Title VP, Secretary, Treasurer Fuentes, Kristy 6702 BROADWAY STREET Galveston, TX 77554 Title Manager, President Sullivan, John R. 6702 BROADWAY STREET Galveston, TX 77554 Title Manager, VP Sullivan, Todd 6702 BROADWAY STREET Galveston, TX 77554 Annual Reports Report Year Filed Date 2022 04/28/2022 2023 04/20/2023 2024 04/23/2024 Document Images 04/23/2024 --ANNUAL REPORT 04/20/2023 --ANNUAL REPORT 06/10/2022 -- AMENDED ANNUAL REPORT 04/28/2022 --ANNUAL REPORT 04/27/2021 --ANNUAL REPORT 04/09/2020 --ANNUAL REPORT 04/16/2019 --ANNUAL REPORT 04/18/2018 --ANNUAL REPORT 04/14/2017 --ANNUAL REPORT 04/28/2016-- AMENDED ANNUAL REPORT 04/25/2016 --ANNUAL REPORT 04/29/2015 --ANNUAL REPORT 12/03/2014 -- LC Amendment View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF forma9 06/10/2014 -- AMENDED ANNUAL REPORT 01/13/2014--ANNUAL REPORT 10/29/2013 -- Reg. Agent Change 01/21/2013 --ANNUAL REPORT 04/11/2012 --ANNUAL REPORT 03/15/2011 --ANNUAL REPORT 10/15/2010 -- REINSTATEMENT 03/27/2009 --ANNUAL REPORT 03/13/2008 --ANNUAL REPORT 04/02/2007 --ANNUAL REPORT 08/03/2006 --ANNUAL REPORT 03/16/2006 --ANNUAL REPORT 07/18/2005 -- Foreign Limited View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations Client#: 1897922 CALLAMAR4 ACORD,CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YWY),, 08/12/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Southwest 3850 N. Causeway Blvd., Suite 1200 Metairie, LA 70002 504 355-5000 NAMEACT Paul Hogan PHONE FAX (A/C, No, Ext): 504-355-5019 (A/C, No): 610-537-4152 E-MAIL Paul.Ho an usi.com ADDRESS: g INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: US Specialty Insurance Company 29599 INSURED DRC Emergency Services, LLC P.O. Box 17017 Galveston, TX, US , 77552 INSURER B : INSURER C INSURER D : INSURER E : INSURER F : 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. LTR TYPE OF INSURANCE NSR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CUL11685073 07/01/2024 07/01/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR PREMISES (EO a RENTED $ 50,000 MED EXP (Any one person) $5,000 X Marine General PERSONAL & ADV INJURY $1,000,000 Liability GEN'L AGGREGATE X LIMIT APPLIES JECOT PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $1,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILYINJURY(Peraccident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A A Hull & Machinery P & I CUL11685073 CUL11685073 07/01/2024 07/01/2024 07/01/2025 07/01/2025 per schedule on file $5,000,000 Per Occ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION DRC Emergency Services, LLC P.O. Box 17017 Galveston, TX, US , 77552 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 2 #S40595694/M40595612 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are regil 4ed marks of ACORD PYHHM DESCRIPTIONS (Continued from Page 1) Marine General Liability Marine Comprehensive Liability form, including: Action Over Indemnity Buyback Endorsement. Blanket Additional Insured and Waiver of Subrogation, as required by written contract Blanket Primary and Non -Contributory, as required by written contract Amended Aggregate Limits of Insurance (Per Project) Endorsement. In Rem Limited Pollution Buyback (72 hour/30 days) Endorsement. Ship Repairers Liability Endorsement Gulf of Mexico Extension Hull and Machinery and Protection & Indemnity: Hull Limit: Total Insured Value as per Vessel Schedule P&I Limit: $1,000,000 Per Occurrence Includes Collision and Towers Liability Contractual Liability Extension Jones Act Coverage / Crew Coverage Pollution Buy -Back In Rem Other than Owner Clause Liner Negligence Clause Removal of Wreck American Institute Hull Clauses American Institute Tug Form (53R-1 Protection and Indemnity (SP-23) Blanket Additional Insured and Waiver of subrogation in favor of certificate holder as required by written contract. Navigation Warranty: Limited to United States Coast Guard Certificate of Inspection, or Inland and Coastal Waters of Texas and Louisiana, whichever is the lesser. Vessel Pollution: 07/01/2024 - 07/01/2025 EPG (Environmental Pollution Group, LLC)- Policy #: EPG06739-12 Limit: $5,000,000 Per Occurrence OPA/CERCLA Blanket Additional Insured and Waiver of subrogation in favor of certificate holder as required by written contract. All Policies include 30 Days Notice of Cancellation and 10 Days Notice for nonpayment. The General Liability, Hull & Machinery / Protection & Indemnity Policy, and Vessel Pollution policies include an automatic Blanket Additional Insured Endorsement and an automatic Blanket Waiver of Subrogation Endorsement to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. The General Liability, Hull & Machinery / Protection & Indemnity Policy, and Vessel Pollution and Bumbershoot (Excess), USL&H, and Employers' Liability provide a Blanket Waiver of Subrogation in favor of the same, when required by written contract. SAGITTA 25.3 (2016/03) 2 of 2 #S40595694/M40595612 12 City of Miami Solicitation IFB 1834386 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for dosing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: i\,)zkr( . We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (1) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: BIDDER NAME: DRC Emergency Services, LLC ADDRESS: 111 Veterans Memorial Blvd., Suite 401, Metairie, LA 70005 PHONE: (888) 721-4372 EMAIL: kfuentecusa.com SIGNED BY: FAX: (504) 482-2852 CELL(Optional): TITLE: Vice President, Secr!tary, Treasurer DATE: ' 1 1 5 1 7' `4 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 13 7/10/2024 7:04 AM P. 6 City of Miami Certifications Solicitation IFB 1834386 Legal Name of Firm: DRC Emergency Services, LLC Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Limited Liability Company Year Established: 2001 Office Location: City of Miami, Miami -Dade County, or Other Galveston, Texas Federal Employee Identification Number ("FEIN"): 63-1283729 Business Tax Receipt/Occupational License Number: 7501994 Business Tax Receipt/Occupational License Issuing Agency: Miami -Dade County Business Tax Receipt/Occupational License Expiration Date: 9/30/2024 Will Subcontractor(s) be used? (Yes or No) Yes If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Lil Mo Marine Services (Derelict Vessel Removal): 1722 SE 28th St. Cape Coral, FL 33904 (678) 274-8193 Emerge Marine (Derelict Vessel Removal): 5697 Pinkney Ave. Sarasota, FL 34233 (941) 809-3505 - please see attached pictures of licenses 14 7/10/2024 7:04 AM p. 7 City of Miami Solicitation IFB 1834386 Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/24). If no addendum/addenda was/were issued, please insert N/A. N/A If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? No Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. No Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. No Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? No Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. Yes, please see attached. Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, of has provided such services/goods in the past: Jefferson Parish, Louisiana Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: 834 S. Clearview Parkway, Harahan, LA 70123 15 7/10/2024 7:04 AM p. 8 City of Miami Solicitation IFB 1834386 Reference No. 1: Name of Contact Person, Telephone Number, and Email for above Reference No. 1: Katherine Costanza, Assistant Director of Environmental Affairs: (504) 736-6440, kcostanza@jeffparish.net Reference No.1: Date of Contract or Sale for above Reference No. 1: September 2021 to present Reference No. 2: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, or has provided such services/goods in the past: Terrebonne Parish, Louisiana Reference No. 2: Address, City, State, and Zip for above referenced company/agency listed: 337 Ashland Landfill Road, Houma, LA 70363 Reference No. 2: Name of Contact Person, Telephone Number, and Email for above Reference No. 2: Clay Naquin, Director of Solid, Hazardous, and Recycling Waste Department: (985) 873-6739, cnaquin@tpcg.org Reference No. 2: Date of Contract or Sale for above Reference No. 2: August 2021 to present Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, or has provided such services/goods in the past: East Baton Rouge Parish / City of Baton Rouge, Louisiana Reference No. 3: Address, City, State, and Zip for above referenced company/agency listed: 222 Saint Louis St., Suite 816, Baton Rouge, LA 70802 Reference No. 3: Name of Contact Person, Telephone number, and Email for above Referenced No. 3: Richard Speer, Director of Environmental Services: (225) 389-4865, rspeer@brgov.com 16 7/10/2024 7:04 AM P. 9 City of Miami Solicitation IFB 1834386 Reference No. 3: Date of Contract or Sale for above Referenced No. 3: October 2020 to present 17 7/10/2024 7:04 AM p. 10 Student Name Date: /1 /2021 MICHAEL DURA Cert #: :82005 Divers Academy international friar; NewJersey The individual named on the reverse side of this card has received training in Commercial Diving and related procedures by an active member school of the Association of Commercial Diving Educators. The active member school submits that the training conducted encompassed a minimum of 625 clock hour of theory and practical training as outlined by the American National Standards Institute ANSI/ACDE-01-2015 Commercial Diver Training - Minimum Standard in compliance with OSHA 29 CFR Part 1910.410. Non -transferable If found, return to: Divers Academy International 1500 Liberty Place Erial, NJ 08081 The USCG formallyit'cognizes this certification to fully meet the requirements of 46 CFR Part 197, Subpart B. THIS USA000634293 DOCUMENT IS A SEAFARERS' IDENTITY DOCUMENT FOR THE PURPOSE OF THE SEAFARERS' IDENTITY DOCUMENTS CONVENTION (REVISED), 2003, OF THE INTERNATIONAL LABOR ORGANIZATION. I DO SOLEMNLY SWEAR OR AFFIRM THAT I WILL FAITHFULLY AND HONESTLY. ACCORDING TO MY BEST SKILL AND JUDGMENT, AND WITHOUT CONCEALMENT AND RESERVATION, PERFORM ALL THE DUTIES REQUIRED OF ME BY THE LAWS OF THE UNITED STATES. f WILL FAITHFULLY AND HONESTLY CARRY OUT THE LAWFUL ORDERS OF MY SUPERIOR OFFICERS ABOARD A VESSEL, SIGNATURE OF BEARER UNITED STATES OF AMERICA MERCHANT MARINER CREDENTIAL Issued By: The United States Coast Guard National Maritime Center Website: http:llwww.uscg.mil/nmc Phone: 1-888-I-ASK-NMC Document Number Type Country Code PG USA 3916045 Full Name CASEY JAMES VILLONE Present Address 6800 MALONEY AVENUE LOT 2 KEY WEST, FL 33040 Citizenship USA Sex M Issue Date 27-JAN-2022 Height 5'09" Weight 158 Hair Color BRO Eye Color BRO Reference Number DOB 01-COT-19 u Place of arc UANSVILL' , NY Expiration Date 27-JAN--2027 PGUSAVI LLONE««CASEY<JAMES<<«<<<«<«« «tom 0D06 342939USA3610016M27©1275<«�6 20 21 THIS DOCUMENT IS A SEAFARERS' IDENTITY DOCUMENT FOR THE PURPOSE OF THE SEAFARERS' IDENTITY DOCUMENTS CONVENTION (REVISED), 2003, OF THE INTERNATIONAL LABOR ORGANIZATION. I DO SOLEMNLY SWEAR OR AFFIRM THAT I WILL FAITHFULLY AND HONESTLY, ACCORDING TO MY BEST SKILL AND JUDGMENT, AND WITHOUT CONCEALMENT AND RESERVATION, PERFORM ALL THE DUTIES REQUIRED OF ME BY THE LAWS OF THE UNITED STATES. I WILL FAITHFULLY AND HONESTLY CARRY OUT THE LAWFUL ORDERS OF MY SUPERIOR OFFICERS ABOARD A VESSEL. UNITED STATES OF AMEiiKirik MERCHANT MARINER CREDENTIAL. r\gii Issued By: The Un s z! S -N3 Coast Gu :: d stational Maritime Center Website: http://www.usti:;,:-.7 Phone--'4 S8-1-ASK-NMC Document Numbel Type Country Code PG USA Full Name KARL HAROLD ANDERSON Present Address 2744 NE1OTH STREET POMPANO BEACH, FL 33O6 USA000t347882 Citizenship Height USA 5'10" Sex Weight M 326 Issue Date 28-SEP-2022 Hair Color BLN Eye Color BLU DOB 13-DES:- ;��� Place of Birth Li\1 EWOOD, NJ Expiration Date 28-SEP-2027 PGUSAANDERSON«KARL<HAROLD««««««««« 0006478823USA6212139M2709282 «««««««<6 Ref Number Cop ntry Code Full Narne PETER JOSEPH FERL_FTTO Present Address 2430 RfVERLANE TERRACE FT LAUDERDALE, FL 33312 Place ofBirth FT LAUDERDALE. FL Height 5'08 ` Weight 165 DOB t79 FEB-i983 PG USA Citizenship USA Sex M Hair Color SRO issue Date Eye Color 23-APR-2024 BLLF Expiration Date 23-APR-2029 i 1 MU PLEASE RI;TIIRN T[7: COMMANDING OFFICER - t N EI E .D STAPES COAST GUARD NA1 IONA!.MMAR/Tl\1E CENTER 100 IOREC'S DRIVE MART1NrSBU RG, N1 V 2540-1-7I.2U POSTMASTER: POSTAGI WILL BE RAID BYADDRESSEE, I CIO stele^ only sy.e r or affirm &Ai I will la]rhlullr ;{nd hcirtoisly, ;rcc,rrrling, r,l tn.:, hest +;hill ;IIS'tjudgment. mul tl itll4 Het 4ii R4'e-ali ent andrC+,eri:etnon, perform all the diti, s required err me I>t• Ilie 9_iyr. irf the Utlited States. 1 %%ill t7err1csul4 hafts' out the I:tY•lLt1,orders cri" Iuy superior officers ;ilTer;nti .t vessel, ��r II 1 THF5 DO UMEI4T JS A FiEAFA! EEFIS' IDENTITY DOCUMENT FOR THE PUR1}onE i E THI= SEAFARERS IDENTITY L DDDIRE'!T5 CQNYERlTIQFI {iFEYISIED).b 21 O3, €SF THE INTERNATIONAL LABOR ORGANIZATION- ao soia.iyimir SWEAR QR AFFIRM THAT 1 WILL FAITHFUL .. AND HONESTLY. ACCORDING Ter MY EIE5T 5K ILL AND JE11DIAti1E NT, AND WIT-I&Ut CONCEALMENT -AND I9E5ERVAT1ON. +EII FOAM ALL THE DUTIES REQUIRED OF ME BY THE LAWS OF THE I.II+1'FFED STATES. I WILL FAITHFULLY AND I�Uhlr=S1 LY L I kY BUT 1'He i_AwI"Dlc t oI=fCS OF We SuPEILluDit Ot`FICEHs okliKrA RE A VIVI$EL, ti.P IleAriEF! UNITED stocrEs Of AMERICA MERCI-SANT MARINER i R ED E! TIA L Iesti d By: The United Stabs Comet Guard National Maritime Canter Webeitac titipLIVireitelicmcgatillikerrot Phan ; 1-0$15-1,ASK-NMIC 04xurnerik Number Type Country Code Reference Number 11 A000575887 PG USA 2301300 Full Neale RUSE-1 MALTZ Present Attc"Pelbs 46 BLUEWATER DRIVE KEY WEST, EL 33040 Citizenship Height USA '11" Sex eight 206 Issuo Date 09- T-20 0 Hair Color EIRO Eye Color $RQ DOB -JAM-19Th Place of Birth OOD TO NY Expiration Date 09-0GT-2025 �C[ PGUSAMALTi«Ri15H[[{[ .C<C(CC([[C[C<[<<�,[ QDiJSfiS887gUSA750'E29G�5Tfi099«a<tc<aa«tat<2 DRC Pending Legal Matters IFB 1834386 Pre -Qualified Pool of Vendors for the Removal of Derelict Vessels EMERGENCY SERVICES Striking Back. DRC EMERGENCY SERVICES, LLC PENDING MATTERS ACTIVE PENDING MATTERS: Nelson v. RPFEmer. Servs., et al, No. 20-900353, Cir. Ct. Baldwin County, AL. Terminated sub -subcontractor seeks damages for termination. Fuxench, et al v. Puerto Rico Dept. of Recreation & Sports, No. 20-3148, Puerto Rico Bayomon High Court. Claim against the Puerto Rico Dept. of Recreation & Sports to enjoin it from performing post -hurricane tree and limb removal in a park. Appeals court ruled in favor of the defendants. Ervin v. DRC, 21-900082, Clarke County, AL. Automobile accident involving lower -tier subcontractor. Goldman v. DRC Emer. Servs, LLC, et al, #22-900011, Washington County, AL Cir. Ct., Personal injury claim arising from automobile accident. Plaintiff rear -ended debris truck. DRC, Inc. v. DRC Emer. Srvs., LLC, #22-901120, Mobile County, AL Cir. Ct. Tradename dispute. Matter pending. Dansby v. First Call Storm Removal, LLC, #22-900074, Marengo Co., AL Circuit Court. Personal injury arising from an automobile accident during debris removal operations. Fairlake Property Partners v. DRCES, #202378691, Harris County, TX. Dock and bulkhead property damage claim following a dredging project. Parties are attempting to resolve without further litigation. INACTIVE ABANDONED MATTERS: The following matters are dormant and subject to dismissal for lack of prosecution for over 3 years: Group CG Builders v. DRC Emergency Services, LLC, Dominican Republic Down South Services, LLC v. DRC Emergency Services, LLC, No. 59-035, 25th JDC for Plaq. Parish, LA. Amer. Amph. Equipt. v. Brookhaven Maint. South Contract Corp., No. 55-252, 25th JDC Plaq. Parish, LA. Gulf State Constr. v. DRC Emergency Services, LLC, Civil Action No. 2012-10783, Orleans Parish LA CDC. Southern Indust. Contr. v. DRC Emergency Services, No. 613964, 19th JDC, East Baton Rouge Parish, LA. B&S Equipment v. DRC Emergency Services, LLC, et al, No. 708-443, 24th Judicial District Court. BP OIL SPILL RECOVERY PROJECT The following lawsuits arise out of the 2010 BP DEEPWATER HORIZON oil spill clean-up/recovery project. Per the parties' written agreement, BP defends and indemnifies DRC's interests in the cases below. Lambert v. DRC Emergency Services, LLC, et al, 24th JDC Jefferson Parish LA, No. 702311 Baudier v. DRC Emergency Services, LLC, et al., 24th JDC Jefferson Parish LA, No. 703-286 Turlich v. DRC Emergency Servs, LLC, et al., 25th JDC Plaquemines Parish LA, No. 59-076 Brown v. DRC Emergency Services, LLC, USDC EDLA, No. 12-2333 c/w MDL 2179. Certifications for Cranes IFB 1834386 Pre -Qualified Pool of Vendors for the Removal of Derelict Vessels EMERGENCY SERVICES Striking Back. Yearly Inspection Certifications for Cranes At this time, we do not intend on using cranes to complete the work outlined in the IFB according to our work plan. In the case that cranes become necessary, we look forward to providing Certifications regarding their yearly inspection and maintaining an OSHA -compliant and safe workspace for our employees and subcontractors. City of Miami Solicitation IFB 1834386 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. ]f any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. DRC Emergency Services, LLC The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Name and Title of Contractor/Contractor's Authorized Official Kristy Fuentes, Vice President, Secretary, Treasurer Date: 41 V l 27 7/10/2024 7:04 AM p. 78 City of Miami Solicitation IFB 1834386 Solicitation Type and Number: N/A CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) IFB (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: Pre -Qualified Pool of Vendors for the Removal of Derelict Vessels (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. FORM -City of Miami Local Office Certification 7/16 Q 7,J4 AM 1 28 p. 82 City of Miami Solicitation IFB 1834386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? ❑ YES ✓ NO If Bidder/Proposer' s Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? ❑ YES ❑ NO ✓ N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: ❑ YES ✓ NO ❑ Exempt Cite Exemption: Miami -Dade County: YES ✓ NO Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? ❑ YES ✓ NO Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Kristy Fuentes, Vice President, Secretary, Treasurer Print Name (Bidder/Proposer Authorized Representative) Signature Date FORM -City of Miami Local Office Certification 7/1 9/Qh04 AM 2 29 p. 83 City of Miami Solicitation IFB 1834386 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced FORM -City of Miami Local Office Certification 7/1 9/Qh04 AM 3 30 p. 84 MIAMIOAD COUNTY 7217736 DBA/BUSINESS NAME: DRC EMERGENCY SERVICES LLC BUSINESS LOCATION: DOING BUSINESS IN DADE COUNTY OWNER/CORP. DRC EMERGENCY SERVICES LLC C/O JOHN SULLIVAN MGR PHONE # 504-482-2848 6258 MARSHAL FOCH ST NEW ORLEANS, LA 70124-3816 NAICS CODE: 238990 Print Blocking Flags: MIAMI-DADE COUNTY - STATE OF FLORIDA LOCAL BUSINESS TAX RENEWAL 2023 - 2024 APPLICATION RECEIPT: 7501994 STATE # CRC1331307 Addt'I Doc Description: State/County License or Certificate BUS. COMMENCEMENT DATE:02/01/2017 SEC TYPE OF BUSINESS BLDG3 SUB -BUILDING CONTRACTOR 35 N/A July 23, 2024 APPLICATION DETAILS FEE AMOUNT Receipt Fee 80.00 UMSA Fee 80.00 Beacon Council Fee 40.00 Bingo Permit Fee 0.00 Nightclub Permit Fee 0.00 Multi -Municipal Contractor Fee 0.00 Restricted Contractor Fee 0.00 Library Fee 0.00 Transfer Fee 0.00 Doing Business without a License Penalty 0.00 Late Penalty 20.00 Collection Cost 0.00 NSF Fee 0.00 Prior Years Due 0.00 Amount Recently Paid - 220.00 TOTAL AMOUNT DUE: 0.00 If no longer in business, please notify us in writing. Review and correct the information shown on this application. A 25% penalty will be assessed to anyone found operating without a paid local business tax, in addition to any other penalty provided by local ordinance (Sec 8A-176(2)). A Certificate of Use and/or City Business Tax Receipt may also be required. To pay online go to https://miamidade.county-taxes.com To pay by mail, make check payable to: Miami -Dade County Tax Collector Business Tax 200 NW 2nd Avenue, 3rd Floor Miami FL 33128 To pay in person go to: 200 NW 2nd Avenue, 1st Floor (305) 270-4949 local.businesstax@miamidade.gov A service fee of not less than $25.00 up to a minimum of 5% will be charged for all returned checks. MIAMI-DADE COUNTY - STATE OF FLORIDA LOCAL BUSINESS TAX 2023 - 2024 APPLICATION 7217736 BUSINESS LOCATION: DOING BUSINESS IN DADE COUNTY OWNER/CORP. DRC EMERGENCY SERVICES LLC C/O JOHN SULLIVAN MGR t RETAIN FOR YOUR RECORDS t DETACH HERE AND RETURN THIS PORTION WITH YOUR PAYMENT Scan to pay DRC EMERGENCY SERVICES LLC C/O HAMILTON BEVERIDGE SMITH QUALIFIER 6258 MARSHAL FOCH ST NEW ORLEANS, LA 70124-3816 N/A July 23, 2024 RENEWAL RECEIPT: 7501994 STATE #CRC1331307 BUS. COMMENCEMENT DATE:02/01/2017 SEC TYPE OF BUSINESS BLDG3 SUB -BUILDING CONTRACTOR 35 APPLICATION IS HEREBY MADE FOR A LOCAL BUSINESS TAX RECEIPT OR PERMIT FOR THE BUSINESS PROFESSION OR OCCUPATION DESCRIBED HEREON. I SWEAR THAT THE INFORMATION IS TRUE AND CORRECT. SIGNATURE REQUIRED SEE INSTRUCTIONS ABOVE Please pay only one amount. The amounts due after Sept 30th include penalties per FS 205.053. If Paid By Jul 31, 2024 Aug 31, 2024 Sep 30, 2024 Oct 31, 2024 Please Pay $0.00 $0.00 $0.00 $0.00 7000000000000000000000007501g¶4202400000020000000000000002 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: BIDDER NAME: KEARNS CONSTRUCTION COMPANY ADDRESS: 2550 S BAYSHORE DR. STE 206B, MIAMI, FL 33133 PHONE: 305.461.0310 FAX: 305.461.1892 EMAIL: JKEARNS@KEARNSCONSTRUCTION.COM CELL(Optional): SIGNED BY: TITLE: CFO DATE: 08/12/2024 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: KEARNS CONSTRUCTION COMPANY Entity Type: Partnership, Sole Proprietorship, Corporation, etc. S-CORPORATION Year Established: 2001 Office Location: City of Miami, Miami -Dade County, or Other CITY OF MIAMI / MIAMI-DADE COUNTY Federal Employee Identification Number ("FEIN"): 77-0615005 Business Tax Receipt/Occupational License Number: CGC060194 / BTR # 185372 / LBT # 4363131 Business Tax Receipt/Occupational License Issuing Agency: STATE OF FL / CITY OF MIAMI / MIAMI-DADE COUNTY Business Tax Receipt/Occupational License Expiration Date: AUGUST 31, 2026 / SEPTEMBER 30, 2024 / SEPTEMBER 30, 2024 Will Subcontractor(s) be used? (Yes or No) NO. If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/24). If no addendum/addenda was/were issued, please insert N/A. N/A If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? YES Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. NO Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. NO Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? NO Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. NO. PLEASE REFER TO THE ATTACHED LITIGATION LETTER. Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, of has provided such services/goods in the past: MONROE COUNTY Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: 2798 OVERSEAS HIGHWAY, STE 400, MARATHON, FL 33050 Reference No. 1: Name of Contact Person, Telephone Number, and Email for above Reference No. 1: MICHELLE ROBINSON, 305.289.2505, ROBINSON-MICHELLE@MONROECOUNTY-FL.GOV Reference No.1: Date of Contract or Sale for above Reference No. 1: SEVERAL Reference No. 2: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, or has provided such services/goods in the past: FWC Reference No. 2: Address, City, State, and Zip for above referenced company/agency listed: 620 SOUTH MERIDIAN STREET, TALLAHASSEE, FL 32399 Reference No. 2: Name of Contact Person, Telephone Number, and Email for above Reference No. 2: JENNIFER TYLER, PHONE - N/A, JENNIFER.TYLER@MYFWC.COM Reference No. 2: Date of Contract or Sale for above Reference No. 2: SEVERAL Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, or has provided such services/goods in the past: MIAMI-DADE COUNTY DERM Reference No. 3: Address, City, State, and Zip for above referenced company/agency listed: 701 NW 1ST COURT, 5TH FLOOR, MIAMI, FL 33136 Reference No. 3: Name of Contact Person, Telephone number, and Email for above Referenced No. 3: JOHN RICISAK, 305.487.6581, JOHN.RICISAK@MIAMIDADE.GOV Reference No. 3: Date of Contract or Sale for above Referenced No. 3: SEVERAL CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. JOHN KEARNS (CFO) ON BEHALF OF The Contractor, KEARNS CONSTRUCTION COMPANY, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Authorized Official --TE-' Name and Title of Contractor/Contractor's Authorized Official JOHN KEARNS, CFO Date: 08/12/2024 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: 1 FB 1834386 (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: PRE -QUALIFIED POOL OF VENDORS FOR THE REMOVAL OF DERELICT VESSELS KEARNS CONSTRUCTION COMPANY (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 2550 S BAYSHORE DR., STE 206B, MIAMI, FL 33133 Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? ✓ YES ❑ NO If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? ✓ YES ❑ NO ❑ N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: ✓ YES ❑ NO ❑ Exempt Cite Exemption: Miami -Dade County: ✓ YES ❑ NO ❑ Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? ✓ YES ❑ NO Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. JOHN KEARNS Print Name (Bidder/Proposer Authorized Representative) --T-Lc---- Signature 08/12/2024 Date 2 FORM -City of Miami Local Office Certification 7/22/2013 STATE OF FLORIDA COUNTY OF O M i DA OE Certified to and subscribed before me this 121v1day of A t-r(iS f , 20 24 , by Notary PUbIiC State of Florida Yusleidy Vazquez My Commission HH 566993 Expires B/I8F2O26 (S ignat i!'e of ' otary Public -State of Florida) vvs (.0 vi iVtz ? cz (Name of Natant Typed, Printed, or Stamped) Personally Known Y OR Produced Identification Type of Identification Produced O FORM -City of Miami Local Office Certification 7/22/2013 3 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT (this "Amendment") is made and entered into this day of June, 2020, by and between ALIGNED BAYSHORE MARINA LLC, a Florida limited liability company, having an address at 2550 South Bayshore Drive, Suite 208, Miami, FL 33133 ("Landlord"), and KEARNS CONSTRUCTION CO a Florida corporation, having an address of 2550 South Bayshore Drive, Suite 206-B, Miami, FL 33133 ("Tenant"). BACKGROUND A. Landlord and Tenant entered into that certain Bayshore Landing Lease Agreement with an effective commencement date of July 16, 2018 (the "Lease"), pursuant to which Tenant leased approximately 587 rentable square feet of space (the "Premises") located on the second floor of the building at 2550 South Bayshore Drive, Miami, Florida 33133. B. Landlord and Tenant entered into that certain amendment to the Lease, as evidenced by that certain First Amendment to Lease Agreement dated May 18, 2019, (the "First Amendment"). C. The Lease is scheduled to expire on July 31, 2022. D. Tenant now desires to extend the term of the Lease and to make other changes to the Lease, as more particularly set forth below. NOW, THEREFORE, in consideration of the Lease, the extension of the term of the Lease, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged and intending to be legally bound, Landlord and Tenant agree as follows: 1. Term. The Term of the Lease is hereby extended for an additional period of two (2) years (the "Second Extension Term), from August 1, 2022 until July 31, 2024, unless sooner terminated as provided herein or in the Lease. 2. Rent. (a) Base Rent payable by Tenant during the first Lease Year of the Second Extension Term, shall equal Twenty Three Thousand One Hundred Twenty Three and 58/100 Dollars ($23,123.58) payable in monthly installments of One Thousand Nine Hundred Twenty Six and 97/100 Dollars ($1,926.97). (b) Base Rent payable by Tenant during the second Lease Year of the Second Extension Term, shall equal Twenty Three Thousand Eight Hundred Seventeen and 29/100 Dollars ($23,817.29) payable in monthly installments of One Thousand Eight Hundred Seventeen and 77/100 Dollars ($1,984.77). 3. Option to Terminate. Paragraph 4 of the First Amendment is deleted in its entirety and replaced with the terms hereof. Notwithstanding anything to the contrary 1 in the Lease, so long as no Event of Default shall have occurred and be continuing, Tenant shall have the one time right to terminate the Lease (as amended hereby) in its entirety (the "Termination Option"), effective as of July 31, 2022 (the "Termination Date"). Tenant shall exercise its Termination Option only by giving Landlord an irrevocable written notice thereof (the "Termination Notice") not later than six (6) months prior to the Termination Date (Le., by January 31, 2022). If Tenant timely provides the Termination Notice, then, effective on the Termination Date, the Lease shall terminate and the parties shall have no further obligations to each other except for those that may specifically survive expiration or termination of the Lease, pursuant to the express terms of the Lease. 4. Broker Representation. The parties represent and warrant that there are no brokers with whom they dealt with respect to the negotiation of this Amendment, except for Prime Realty Associates, LLC ("Landlord's Broker"). The party who breaches this representation and warranty shall defend, hold harmless, and indemnify the non -breaching party from any claims or liability arising from the breach. Landlord shall pay the commission due Landlord's Broker. 5. Fxenination. All separate and personal liability of Landlord or any trustee, director, officer, partner, employee or principal (disclosed or undisclosed) thereof of every kind or nature, if any, is waived by Tenant, and by every person now or hereafter claiming by, through or under Tenant; and Tenant shall look solely to Landlord's estate in the Building for the payment of any claim against Landlord. 6. Counterparts and Fax or PDF Signatures. This Second Amendment may be executed by each of the parties hereto in separate counterparts and have the same force and effect as if all of the parties had executed it as a single document. Counterparts to this Second Amendment may be executed and delivered by facsimile or PDF transmission. 7. Full Force and Effect. Except as specifically modified herein, all other terms and conditions of the Lease as modified by the First Amendment shall remain in full force and effect and are hereby ratified, confirmed and Tenant acknowledges that it has no claims, defenses or offsets regarding the performance of Landlord's obligations or its obligations under the Lease as amended. 8. Conflict. In the event of any conflict between the terms and provisions of this Second Amendment and the terms and provisions of the Lease as amended by the Frist Amendment, the terms and provisions of this Second Amendment shall, in all instances, control and prevail. 9. Definitions. Unless the context otherwise requires, any capitalized term used herein shall have its respective meaning as set forth in the Lease. 10. Successors and Assigns. This Second Amendment is binding upon and inures to the benefit of the parties hereto and their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of the date fi above written. LANDLORD: ALIGNED BAYSHORE MARINA LLC, a Florida limited liability company WI . S By: Aligned Bayshore Holdings LLC, a Florida limited liability company, its Manager WITNESS WITNESS By: Aligned Bayshore Managing Member LLC, a Florida limited liability company, its Manager By: HJK Fifth Avenue LL ►, a FL + f , limited liability company, its Manager By: -t Name: Title: A TENANT: LEARNS CONSTRUCTION CO., a Florida corporation By: -•1c7L Name: . , — ca_ 4- Title: (7 :mod 3 John Kearns From: Renae Asher <rasher@primemarina.com> Sent: Tuesday, June 16, 2020 2:08 PM To: John Kearns Cc: Jose Hevia Subject: Kearns - 2nd amendment to lease - Jun 2020 Attachments: Kearns Lease - 2nd amendment to lease - Jun 2020.docx Hi John, Attached is a second amendment to your lease, extending it through July 31, 2024 as discussed with Jose. The original option to terminate in 2021 is being removed, and replaced with an option to terminate in July 2022. Please read through and if all looks fine, please sign and send back to us for countersigning. Let me know if you have any questions. Thank you, Renae i •' Intl 11• 111IFj F 1;.9f / tl Cl R CITY OF MIAMI BUSINESS TAX RECEIPT BUSINESS NAME: DBA: BTR HOLDER NAME: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: RECEIPT NUMBER: COMMENTS: RESTRICTIONS: KEARNS CONSTRUCTION COMPANY KEARNS CONSTRUCTION COMPANY 2550 S BAYSHORE DR 206B Effective Year Oct. 1 2023 Thru Sep. 30 2024 161203 185372 ADMINISTRATIVE OFFICE FY 23- 24 ISSUED: Oct 01, 2023 Robert Santos-Alborna Director, Code Compliance This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any licenseor permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com 11 11 CITY OF MIAMI CERTIFICATE OF USE FIRE SAFETY PERMIT BUSINESS NAME: KEARNS CONSTRUCTION COMPANY DBA: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: CERTIFICATE NUMBER: 3 e • :+ r F COMMENTS: RESTRICTIONS: 2550 S BAYSHORE DR 206B 2024-09-30 161203 1811002613 APPROVED USE(S): CUO6 -General Commercial - Office FY 23- 24 ISSUED: Nov 30 2018 • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com Local Business Tax Receipt Miami —Dade County, State of Florida THl5IS NOT BILL - DO NOT PAY 5342050 BUSINESS NAMEILOCATION KEARNS CONSTRUCTION COMPANY 2550 SOUTH BAYSHORE DR 5TE 206 B MIAMI FL 33133 OWNER KEARNS CONSTRUCTION COMPANY C/O JOHN KEARNS Worker(s) 1 'TEMPT NO. RENEWAL 4363131 EXPIRES SEPTEMBER 30, 2024 Must be displayed at place of business Pursuant to County Code Chapter BA - Art. 9 & 10 SEC. TYPE OF BUSINESS 196 GENERAL BUILDING CONTRACTOR CGC060194 PAYMENT RECEIVED BY TAX COLLECTO3 $45.00 07J17/2023 CI-1ECK21.23-039906 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or o certification of the holder's qualifications, to do business.. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on eel commercial vehicles - Miami -Dade Code Sec 1a-270, For more information, visit www.miamid ade,gavhaxcoRector Ron DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, Secretary CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES KEARNS, CHARLES SWANSON KEARNS CONSTRUCTION COMPANY Now 4101 BRAGANZA AVE MIAMI FL 33133 y * LICENSE NUMBER: CGC060194 EXPIRATION DATE: AUGUST 31, 2026 Always verify licenses online at MyFloridaLicense.com ISSUED: 06/07/2024 Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. dbpr Client#: 2006693 KEARNSCO ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)7/15/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Services LLC /CL 5100 Poplar Avenue, #1200 Memphis, TN 38137 901 766-5990 CONTACT Katie Lambert NAME: PHONE 504-355-5059 FAX (A/C, No, Ext): (A/C, No): n E-MAILSS: Katie.Lambert@usi.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Mitsui Sumitomo Insurance USA Inc. 22551 INSURED KEARNS CONSTRUCTION COMPANY, INC 2550 S BAYSHORE DR STE 206B Coconut Grove, FL 33133 Florida DBPR LICENSE # CGC060194 INSURER B : StarNet Insurance Company 40045 INSURER c : Safe Harbor Insurance Company 12563 INSURER D : Nautilus Insurance Company17370 INSURER E : Ironshore Specialty Insurance Co 25445 INSURER F : National IndemnityCompany20087 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 CONTRACTOR 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. INSR LTRINSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY DIP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X OHM4510326 03/29/2024 03/29/2025 EACHOCCURRENCE$1,000,000 CLAIMS -MADE X OCCUR PREMISES (Ea occurrrence) $100,000 MED EXP (Any one person) $10,000 X MARINE GL PERSONAL&ADV INJURY $1,000,000 X P&I / HULL GEN'L AGGREGATE v X LIMIT APPLIES PRO - JECT PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ F AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY X X SCHEDULED AUTOS NAUOTNOS -OWNEONLY D X X 74APB008338 03/29/2024 03/29/2025 DEeMBINdEDtrINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X OLM2510616 0M0109V24 03/29/2024 03/29/2024 03/29/2025 03/29/2025 EACH OCCURRENCE $See Descripti AGGREGATE $of Operations DED X RETENTION $25,000 TOTAL $10,000,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N / A X KEY0146941 03/29/2024 03/29/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C D E Vessel Pollution Contractor Pollut Professional X X X X X 5608841 CPL202668316 DCP7NACYNF4001 03/29/2024 07/10/2024 01/16/2024 03/29/2025 07/10/2025 01/16/2025 See Description of Operations for Coverages DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is included as Additional Insured where indicated below and as outlined in the policy forms. Additional Insured status is not applicable to Workers' Compensation. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Miami - Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 3 #S45551497/M45168594 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KXLHM DESCRIPTIONS (Continued from Page 1 MARINE GENERAL LIABILITY: - Quota Share - 75% Lead Mitsui Sumitomo Ins USA, followed by 25% United Fire & Casualty Co - Per Project Aggregate - MUS MCL 0137 Rev 12.20 - Additional Insured & Waiver of Subrogation (Blanket) - MUS MCL 0110 Rev 08.16 - Primary Non Contributory - MUS GEN 0117 Rev 09.16 - Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorization - MUS GEN 0021 Rev 08.16 - Additional Insured - Owners, Lessee's or Contractors - w/Completed Operations - MUS GEN 0022 Rev 08.16 - Insured Contract Amendment (Railroad) - MUS MCL 0160 Rev 02.23 - Rigger's Legal Liability - MUS GEN 0023 Rev 08.16 - Cross Liabilities - MUS GEN 0215 Rev 08.16 - XCU Included - Diving included - 30 Day Notice of Cancellation, Except 10 Days for NonPayment - MUS GEN 0115 Rev 10.20 AUTOMOBILE LIABILITY: - Additional Insured (Blanket) included - Waiver of Subrogation - when scheduled - Hired and Non Owned Included - Physical damage deductible: $1,000 Comp/ $1,000 Collision WORKERS COMPENSATION: - Statutory and United States Longshore and Harbor Workers' Compensation Act Coverage - Waiver of Subrogation - Blanket per written contract - Alternate Employer: Blanket per written contract PROTECTION & INDEMNITY/ HULL: - Protection & Indemnity - $1,000,000 CSL Per Occurrence - Maritime Employer Liability - $1,000,000 CSL Per Occurrence - Automatic Acquisition Clauses - MUS HPI 0005 Rev 10.20 - Privelege to Charter - MUS HPI 0025 Rev 08.16 - Jones Act coverage provided. No stated number of Crew Limitation. - XCU Included - 30 Day Notice of Cancellation, Except 10 Days for NonPayment - MUS GEN 0115 Rev 10.20 1st LAYER EXCESS (5x1): - Quota Share - 65% Lead Mitsui Sumitomo Ins USA, followed by 35% United Fire & Casualty Co - Additional Assured-Waiver-NOC-Primary (Blanket) - MUS BST 0110 Rev 08.16 - Blanket Waiver of Subrogation (Follow Form) - M-5B - 5,000,000 Limit over GL, Auto, EL, P&I, MEL, Vessel Pollution 2nd LAYER EXCESS (5x6): - Quota Share - 50% Lead Aspen, followed by 50% United Fire & Casualty Co - Policy #: 0M0109V24 - Policy Term: 03/29/2024, Exp Date: 03/29/2025 - Follow Form - 5,000,000 Limit over 1st Layer Excess, GL, Auto, EL, P&I, MEL, Vessel Pollution (TOTAL EXCESS LIMIT AVAILABLE $10,000,000) POLLUTION LIABILITY SAGITTA 25.3 (2016/03) 2 of 3 #545551497/M45168594 DESCRIPTIONS (Continued from Page 1 - Policy #: CPL202668316 - Policy Term: 7/10/2024-2025: - Blanket Additional Insured Including Primary Non Contributory and Completed Ops when required by written contract - CPLO 4038 03 18 - Waiver of Subrogation when required by written contract - ENV 2004 0618 - General Aggregate - $2,000,000 - Contractors Pollution Occurrence - Each Pollution Condition - $2,000,000 - Each Pollution Condition - Retention $5,000 VESSEL POLLUTION - Policy #: OMH 5608841 - Policy Term: 03/29/2024-03/29/2025: - 5,000,000 Limit for Scheduled Vessels - Blanket Additional Insured - GAI 2445. - Blanket Waiver of Subrogation - GAI 2053 PROFESSIONAL LIABILITY - Policy #: DCP7NACYNF4001 - Policy Term: 1/16/2024-2025 - Carrier: Ironshore Specialty Insurance Co, NAIC 25445 - Limit: $1,000,000 Each Claim - Limit: $2,000,000 Aggregate - Retention: $100,000 Each Claim - Waiver of Subrogation included when required by written contract BUILDERS RISK / INLAND MAINE: - Policy #: CIM4113066 - Policy Term: 3/29/2024-2025 - Carrier: Mitsui Sumitomo Ins Co of America, NAIC 22551 - Leased or Rented Equipment from Others Limit: $500,000, Deductible: $10,000, Crane Deductible - Open Reporting Builders Risk Limit: $500,000 - "All Risk" subject to policy terms, exclusions, and conditions. Subject to all of the terms, conditions, exclusions and definitions of the above referenced policies as issued by the carrier(s). IFB Number: 1834386 / Title: Pre -Qualified Pool of Vendors for the Removal of Derelict Vessels City of Miami is included as additional insured with waiver of subrogation as outlined above for the referenced project. SAGITTA 25.3 (2016/03) 3 of 3 #S45551497/M45168594 This page has been left blank intentionally. • • . • - - ' s • ' s • . . • • I 4iUe1a10h1 Ot 1 A Commercial Diviro i Educatot-s COMMERCIAL DIVER ACD:E Training School Date Cert oivcA's AcActErivie OF 941'98 00. t 112-AS1E11141 4F_Alti.OAFtri 71 '!I ,1 . • file1:11 "MIL Cert #: 744646 Date: 2016-08-30 Alexander Cardozo Qualified in the use of 22% to 40% nitrox to a maximum depth of 130 fsw140 msw. Nitrox Diver Location: Miami, FL Inst: Leonardo Llaneza Member #:16550mi EUF/ISO #9001 Certified i wmw.tdisdi.com CMAS N': VENFOOP215000002 NOMBRE: ALEXANDER APELLIDQ: CARDOSO C.I.: 15.726.742 CLUB: MOCHIMA DIVE CENTER INSTRUCTOR: RODOLFo PLAZA M303000003 VENCE: 9-2020 REPUBLICA 0OLIVARLANA DE VENEZUELA MINISTERED DEL PODER POPULAR PARA TRANSPORTE ACL'ATIC0 Y AEREO ENSTITUTO NACIONAL DE LOS ESPACIDS ACL"ATICOS CERTIFICADO DE BUCEO HOMBRES: ALEXANDER ENRIQUE APELLIDOS: CARDOZO CASTILLO CEDULA DEI➢ENTIDAD:V-I5726742 LICENCIA: INSTRUCTOR DE BUCEO Ng IBR-24 FECHA DE EXPEDICV) NT: 28-05.20I3 EECHA DE VENCIMIENTO: 28-05-20I8 Association of Diving Contractors International IADC ' Cert. #14250 Expires 02106/2020 SURFACES ' PUEDAIR DIVER • PAVEL MOREJON 1.D 632951283 (:niiimrrci:til Diver Certification Card M Y. ACUC INTERNATIONAL NI 08949 toe Maim O 4aft Cafe& LKG u • 1 509 641 5500 • Ft. i M516b SW NAM 3 ME31011 ri•L ,349i7911412•Fir+349/ MS1 MARIO J RODRIGUEZ BARRERA BC/SUMINISTRO A SUPERFICIE BC0050 22/11105 2987MA 1 Association of Diving Contractors International Cert. # 12488 Expires 12106/2019 MARIO RODRIGUEZ BARRERA ID. 546-483-785 t {o rlrnial Diver Certification Card VESSEL YEAR MAKE DIMENSIONS NAME BARGES 2022 HANKO 40' x 12'2" x 11' ALUMINUM BOAT 2021 STEEL 24' x 60' x 5' RAKED SECTIONAL BARGE 2021 STERLING 86' X 32' X 6'-6" BIG DOG BARGE W/ PEDESTAL CRANE 5300 1993 STEEL 110' X 40' X 7' KS 436 BARGE 2019 CONRAD INDUST. 139 X 45 6-11 JENNIE K ABS BARGE 1985 STEEL 120 X 45 X 7 DECK DAVIS DECK BARGE 2014 STEEL 33 X 22 X 3 SECTIONAL SPUD BARGE "SELF PROPELLED" 2006 STEEL 100 X 36 X 8 HAIL MARY SPUD BARGE PUSHBOATS 2019 PROGRESSIVE MICHELLE PUSHBOAT 2016 PROGRESSIVE 25.5 X 14 X 6 KAREN PUSHBOAT 2012 PROGRESSIVE 25.5 X 14 X 6 ELLY PUSHBOAT 2008 PROGRESSIVE 25.5 X 14 X 6 FAT JACK PUSHBOAT CREW BOATS 2012 FIBERGLASS 22'-11" CAROLINA SKIFF 23 ULTRA ELITE 2002 FIBERGLASS 18'-2" BOSTON WHALER W/ MERCURY 1990 FIBERGLASS 19' BOSTON WHALER W/ 150 YAMAHA 2000 FIBERGLASS 22'-3" BOSTON WHALER W/ 225 HP YAMAHA 1984 18' BOSTON WHALER W/ 115 HP YAMAHA MISC BOATS 2016 FIBERGLASS 34'-8" ISLAND RUNNER "OFFICIAL BUSINESS II" 2007 ALUMINUM 21'-0" PONTOON PARTY BOAT VEHICLE YEAR MAKE MODEL OTHER VEHICLES 2018 JOHN DEERE GATOR EMPLOYEE USE TRUCKS 2020 CH EVROLET 2020 CHEVROLET 2020 CHEVROLET 2020 CHEVROLET 2018 MERCEDES BENZ MXCC46 (VAN) 2017 CHEVROLET SILVERADO 2013 CHEVROLET SILVERADO 2020 PETERBUILT 348 ROLL -OFF TRUCK TRAILERS 2020 CARGO CRAFT RV7182 2019 UDMP TL 2017 GECI "EAGER BEAVER" 2006 MILL "BOBCAT UTILITY TRAILER" 2015 PIONEER "OB II TRAILER" 2002 SHOR "BOSTON WHALER TRAILER" 1995 FAST "BOSTON WHALER TRAILER" ADMIN USE VEHICLES 2022 DODGE RAM 2500 WD CREW CAB 2021 TESLA Y UT CRANES YEAR MAKE MODEL TONNAGE CRANES 1991 AMERICAN 5300 CRAWLER CRANE 70 1966 AMERICAN 9299 CRAWLER CRANE 165 2004 GROVE RT875E CRANE 75 1979 AMERICAN 9260 CRAWLER CRANE 125 1982 AMERICAN 5299A CRALWER CRANE 60 1987 AMERICAN 7225 CRAWLER CRANE 85 OTHER EQUIPMENT YEAR MAKE MODEL SKID LOADER CATERPILLAR 262D3 S#ZB200532 2022 CATERPILLAR 262D3 2005 CATERPILLAR 262E EXCAVATOR CATERPILLAR 320GC 2019 CATERPILLAR 304 E 2 CR 2008 CATERPILLAR 314CLCR HAMMERS Chipping Hammer HMC 51-335 VIBRATORY HAMMER W/ POWER 2017 ATLAS SB702 CHIPPING HAMMER 2001 H&M H-2700 VIBRATORY HAMMER W/ POWER PACK MKT V5E VIBRATORY HAMMER W/ POWER PACK DUETZ PILE CUTTER MODEL 16 Chipping Hammer 30 CY 20'x5'x7.5' FLORIDA C f• E 300 N.W. 65 Miami, Florida (305) 970 5004 Fax E-mail lioridacrane ONS LLC. Annual Certificate of Inspection Date Issued: 06/21/24 2406211 Expiration Date: 06/21/2025 Crane Owner: KEARNS CONSTRUCTION CORP. Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: GROVE Model: RT 875E Unit:# 875 Serial Number: 223983 Configuration: TELESCOPOING MAIN BOOM 41.3 FT. to 128 FT. 4 PARTS ON BLOCK 8c SING This Crane has been i FAO following standards: OSHA Regulation 192 PCSA #4 / ASME B30. Inspection was perforn INSPECTION Manufacturer: Insp. #:2't ' 6211 GROVE Model k T ? 75 C Serial #: \ 2239p.3 Insp. CTIONS LLC ICATE unit# 77-5— 1 2025 ,4,yNN Insp. By: L .Tait• ` FLORIDA C 300 N.W. 65 Miami, Florida (305) 970 5004 Fax ( E-mail floridacrane ONS LLC. 2406211 Annual Certificate of Inspection Date Issued: 06/21/24 Expiration Date: 06/21/2025 Crane Owner: KEARNS CONSTRUCTION CORP. Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: GROVE Unit:# 875 Model: RT 875E Serial Number: 223983 Configuration: TELESCOPOING MAIN BOOM 41.3 FT. to 128 FT. 4 PARTS ON BLOCK & SINGLE PART ON BALL This Crane has been inspected and found in compliance with the following standards: OSHA Regulation 1926 Subpart CC / 1926.601 / 1910.180 PCSA #4 / ASME B30.5 / B30.10 Inspection was performed by: (Jo E. Lopez Crane Institute o America Certification #17-2332 Inspection No.: 2406211 0- 1926.1412 A - B30.5-2.3.1 0 - 1926.1412 0 - 1926.1434 A- B30.5-2.2.2 0 - 1926.601 A - B30.5-3.4.8 0- 1926.1433 0- 1926.1422 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.1433 0 - 1926.601 0 - 1926.1433 0 - 1926.601 0- 1926.1412 0 - 1926.601 0- 1926.1412 0 - 1926.1433 0 - 1926.1433 0- 1926.1433 0 1926.601 0 - 1926.601 Florida Crane Insmeetlons LLC. OSHA/ASME ANNUAL/PERIODIC INSPECTION CHECKLIST Owner: KEARNS CONSTRUCTION Location: PORT OF MIAMI, MIAMI, FLORIDA Make: GROVE Unit ID: 875 Telescoping Boom Crane Contact Person: MR. BROCK SULLIVAN Service Status:MAIN 41.3' to 128'. Serial Number: 223983 Max. Capacity: 75 TONS Inspector: Jose E. Lopez Phone No.: 305-970-5004 References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA #4, ASME B30.5, B30.10 Status: 1i= Satisfactory X= Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Model: RT 875E Reference Item Historical Data 1. Monthly Inspection Records 2. Maintenance Records 3. Annual Inspection Records 4. Modification Records 5. Load Test Reports General 6. External Lights 7. Housekeeping 10. Safety/Warning Decals & Labels 11. Hand Signal Chart 10. 11, Driver's Cab & Station 12. Brakes: Service, Emergency, Parking 13. HeadlightslTailights 14. Brake Lights 15. Audible Warning Device 16. Backup Audible Alarm 17. Windows 18. Powered Wipers 19. Defroster 20. Seatbelt(s) 21. Steering 22. Fire Extinguisher Carrier Power Plant (Lower) 23. Performance 24. Exhaust System/Guards & Insulators 25. Belts 26. Guards/Covers/Rotat. & Recip. Parts 27. Carrier 28. Transmission 29. Drive Line Status N/A N/A Reference 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1423 0 - 1926.1412 0 - 1926.601 0 - 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1412 0 - 1926.1412 0 - 1926.1433 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1412 0- 1926.1412 0- 1926.1412 ............_ .......... 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0- 1926.1412 Date: 06/21/2024 Hours: 1,799.2 Item Carrier (continued) 30. Tires/Wheels 31. Tire Air Pressure 32. Main Frame Members 33. Hydraulic Hoses/Tubing/Fittings 34. Hydraulic Fluid Level 35. Anti -Skid Surface 36. Axle Lockout 37. Backup Alarm 38. Outriggers .......... ........... 39. Boxes/Beams 40. Cylinders 41. Floats/Pads 42. Hydraulic Hoses/Tubes/Fittings 43. Holding Valves 44. Warning Signs 45. Crawler Assembly 46. Car Body/Side Frames 47. Chain - Condition/Adjustment 48. Sprockets/Idlers/Rollers 49. Track Pads/Pins/Keepers 50. Travel Locks 51. Steering Clutches 52. Hydraulic Hoses/Tubing/Fittings 53. Hydraulic Motors 54. Hydraulic Steering Controls Operator's Cab & Station 55. Wndows 56. Wndshield Wiper 57. Door Restraint 58. Cab Access 59. Guard Rails and Hand Holds Status References: 0 = OSHA 1926 Subpart CC, 1926.601. 1910.180 A = PCSA #4, ASME B30.5, B30.10 Status: ✓= Satisfactory X= Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Inspection No.: 2406211 Reference O - 1926.1423 O - 1926.1433 0 - 1926.1433 O - 1926.1417 0 - 1926.1412 A - B30.5-1.8.1 0 - 1926.1407 O - 1926.1415 0 - 1926.1415 0 - 1926.1416 A - B30.5-1.6.1 0 - 1926.1412 A - B30.5-1.6.3 0 - 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1433 0 - 1910.180 0 - 1910.180 0 - 1910.180 0 - 1926.1433 0 - 1926.1416 0 - 1926.1416 0-1926.1416 0 - 1926.1416 0 - 1926.1416 0 - 1926.1416 0 - 1926.1416 0 - 1926.1415 0- 1926.1416 0 - 1926.1416 0- 1926.1416 0- 1926.1412 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0- 1926.1412 0- 1926.1412 0-1926.1412 Item Operator's Cab & Station (continued) 60. Anti -Slip Walking Surfaces 61. Load Chart 62. Fire Extinguisher 63. Operator's Manual 64. Seat 65. Seat belts 66. Electrocution Sign 67. Level 68. Horn 69. Load Indicator 70. Control Markings 71. Controls (Function) 72. Power Plant Controls 73. Swing Brake & Lock 74. Travel Brakes 75. Travel Controls 76. Travel Mechanism 77. Travel Locks Load Chart 78. Per Configuration 79. Legible 80. Durable 81. Secured 82. Visible From Operator's Station Safety Devices/Operational Aids 83. Boom Angle Indicator 84.Boom Length Indicator 85. Main Drum Rotation Indicator 86. Auxiliary Drum Rotation Indicator 87. Load Moment Indicator 88. Load Weight Indicator 89. Radius Indicator 90. Crane Level Indicator 91. Anti -Two -Block Device 92. Outrigger/Stabilizer Position Sensor 93. Luffng Jib Angle Indicator Power Plant (Upper) 94. Performance 95. Exhaust System/Guards/Insulators 96. Belts/Hoses 97. Guards/Covers/Rotat. & Recip. Parts Rotating Upper Structure 98. Turntable 99. Electrical Collector Ring 100. Counterweight Frame Status Reference Item Rotating Upper Structure (continued) ✓ 0- 1926.1412 101. Hydraulic Pump(s) ✓ ✓ 0 - 1926.1412 102. Hydraulic Hoses/Tubes/Fittings ✓ ✓ 0- 1926.1412 103. Hydraulic Pressure ✓ ✓ 0- 1926.1412 104. Electrical Wring ✓ ✓ 0 - 1926.1412 105. Main Hoist - MotorNalves/Lines ✓ ✓ 0 - 1926.1413 106. Main Hoist - Minimum (2) Rope Wraps ✓ ✓ 0 - 1926.1412 107. Aux. Hoist - MotorNalves & Lines ✓ 0- 1926.1412 108. Drum Spooling ✓ ✓ 0- 1926.1413 109. Aux. Hoist Minimum (2) Rope Wraps ✓ ✓ 0- 1926.1412 110. Counterweight/Mouting ✓ ✓ 0- 1926.1412 111. Swing Gear Box ✓ ✓ 0 - 1926.1407 112. Electrocution Warning Sign (Outside) ✓ ✓ 0 - 1926.1433 113, Counterweight Warning Sign ✓ V Main Boom ✓ 0 - 1926.1412 114. Lift Cylinder(s) ✓ ✓ 0- 1926.1412 115. Telescoping Cylinder(s) ✓ ✓ 0 - 1926.1412 116. Hydraulic Hoses/Tubing & Fittings ✓ ✓ 0 - 1926.1412 117. Holding Device ✓ 0 - 1926.1412 118, Boom Sections Alignment ✓ ✓ 0- 1926.1412 119. Wear Pads ✓ ✓ 0 - 1926.1412 120. Sheave(s) ✓ ✓ 0 - 1926.1413 121 Hoist Line Dead End ✓ ✓ 0 - 1926.1413 122. Wire Rope Retainer ✓ ✓ 0- 1926.1412 123. Boom Hinge Pin ✓ 0 - 1926.1412 124. Boom Head Section ✓ 0- 1926.1412 125. Auxiliary Boom Head ✓ ✓ 0 - 1926.1412 128. Structure R ✓ Manual/Fly Section Metros ✓ 0- 1926.1412 127. Alignment N/A ✓ .0- 1926.1412 128. Locking Device N/A ✓ 0- 1926.1412 129. Structure N/A Status ✓ Lattice Boom Extension ✓ 0- 1926. 1412 130. Boom Extension Alignment N/A 0- 1926.1412 131. Cords N/A N/A 0- 1926.1412 132.. Lattices N/A N/A 0 - 1926.1413 133. End Connections N/A 0 - 1926.1412 134. Sheave(s) N/A N/A 0- 1926.1413 135. Wire Rope Retainer N/A N/A 0- 1926.1412 136. Structure N/A N/A Jib _ .. ... N/A 0- 1926.1415 137. Stops N/A 0 - 1926.1412 138. Sheave(s) N/A -✓ 0- 1926.1413 139. Wre Rope Retainer(s) N/A ✓ 0 - 1926.1412 140. Structure N/A 0- 1926.1416 141. Luffing Jib Stops N/A 0 - 1926.1413 142. Wire Rope Rope Type Size Construct. Grade Core Rope Measured BroLubrication End Status Application Damage Wear Wiresken Connections Main Hoist NON ROT 3/4' 36X7 EIPS STRAND ✓ ✓ ✓ ✓ ✓ ✓ ✓ Aux. Hoist RR LAY 3/4" 6X37 EIPS IWRC ✓ ✓ ✓ R ✓ ✓ ✓ Pendants NIA References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA#4, ASME 630.5, B30.10 Status: V= Satisfactory X= Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Inspection No.: 2406211 Main Load Block & Hook Overhaul Ball & Hook Manufacturer: McKISSICK Manufacturer: JOHNSON S/N: 0469622 S/N: 04-4542 Rated Capacity: 75. TONS Rated Capacity: 12 TONS Block Weight: 1.275 LBS Block Weight: 526 LBS Hook Tram Meas: Hook Tram Meas: Reference Item Status Reference Item O - 1926.1433 143. Capacity Marking 0 - 1926.1433 156. Capacity Marking O - 1926.1433 144.. Weight Marking J 0 - 1926.1433 157. Weight Marking 0- 1926.1412 145. Sheave(s) J 0 - 1926.1433 158. Safety Latches O - 1926.1433 146. Safety Latches J A- B30.10-2. 10.5 159. 0° Hook Bend or Twist A- B30.10-2. 10.5 147. 0° Hook Bend or Twist V A- B30.10-2. 10.5 160. 5% Hook Opening or 1/4" Max A- 630.10-2. 10.5 148. 5% Hook Opening or 1/4" Max J A- B30.10-2. 10.5 161. 10% Hook Wear Max. A- B30.10-2. 10.5 149. 10% Hook Wear Max. J 0- 1926.1412 162. Swivel O - 1926.1412 150. Swivel V 0 - 1926.1412 163.. Bearing O - 1926.1412 151. Bearing J 0- 1926.1413 164. Wedge Socket/End Fitting 0- 1926.1414 152. Wedge Socket/End Fitting A- B30.5-2.1.3 165. NDT Results: 0 - 1926.1412 153. Reevingtif 166. A- B30.5-2.1.3 154. NDT Results: N/A 155. _.... Reference 0 - 1926.1412 Item 167. No -Load Operational Test A - B30.5-2.2.2 168. Hoisiting Boom/Ext./Jib From: Length Main Boom Manual Section Boom Extension Jib Results of Load Test Status No -Load Operational Test Status Caution: Operation of cranes by Inspectors is limited to those crane functions necessary to accomplish the inspection. Inspectors must meet operator trainee Jqualification requirements in ASME B30.5 and only operated under the direct supervision of a certified operator. Load Test Load Radius Boom Angle Parts of Line Rated Capacity Test Weight Passed % of Rated Capacity Failed Not Applicable Explanation: ALL KNOWN WEIGHTS AND RIGGING, USING COUNTERWEIGHTS FROM CRANES Caution: Load Test shall be conducted by a qualified person. Operators must be certified through a nationally accredited and OSHA recognized certification program. Inspection No.: 2406211 Florida Crane Inspepigppp UC. Report The following corrective action(s) (repairs, adjustments, replacement parts, etc.) are too be performed by a qualified person in accordance with all the manufacturer's instructions, specifications, and requirements. OSHA requires that if any deficiency is identified as a safety hazard (X ), the equipment must be taken out of service until it has been corrected. If the qualified person determines that though not presently a safety hazard, the deficiency needs to be monitored (M), the employer must ensure that the deficiency is checked in the daily & monthly inspections. Recommendations (R) should be considered for corrective action. Recommendations can also be used to identify industry accepted safety and operational enhancements. X = Safety Hazard M = Monitor R = Recommendation X/M/R item No. Corrective Action R 126 RUST REMOVAL AND PREVENTION.- ........._... R 142 AUX. HOIST SHOULD BE LUBRICATED.- 1 1 Inspector: .--t' Jose E. Lopez 6 lorida Crane Inspections LLC. Company Representative: MR. JONAS PEREZ FLORIDAC i•r E 300 N.W. 65' Miami, Florida (305) 970 5004 Fax ( E-mail tioridacraa ONS LLC. 2406216 Annual Certificate of Inspection Date Issued: 06/21/24 Expiration Date: 06/21/2025 Crane Owner: KEARNS CONSTRUCTION CORP. Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: AMERICAN Model: 5300 Configuration: MAIN BOOM 100 FT. Unit:# 5300 Serial Number: 9104AC3538 TWO HOIST LIN This Crane has been i following standards: OSHA Regulation 192 PCSA #4 / ASME B30 Inspection was perfor. FLO INSPECTION rManufacturer: insp. #:°bil e AMERICAN Model #: Serial #: q1 ij6AC 3 5 3g 53GO CTIONS LLC ICATE 5300 2025 Insp. Type: A N tti uA L Insp. By: Jof. Lapel( FLORIDA C'e. E ONS LLC. 300 N.W. 65' Miami, Florida (305) 970 5004 Fax ( E-mail floridacrane 2406216 Annual Certificate of Inspection Date Issued: 06/21/24 Expiration Date: 06/21/2025 Crane Owner: KEARNS CONSTRUCTION CORP. Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: AMERICAN Unit:# 5300 Model: 5300 Serial Number: 9104AC3538 Configuration: MAIN BOOM 100 FT. TWO HOIST LINES FOR PILE DRIVING This Crane has been inspected and found in compliance with the following standards: OSHA Regulation 1926 Subpart CC / 1926.601 / 1910.180 PCSA #4 / ASME B30.5 / B30.10 Inspection was performed by: E. Lopez Crane Institute o'`America Certification #17-2332 Inspection No.: 2406216 Flotilla Crane Inspections LLC. OSHA/ASME ANNUAL/PERIODIC INSPECTION CHECKLIST Owner: KEARNS CONSTRUCTION Location:PORT OF MIAMI, MIAMI, FLORIDA Make: AMERICAN Model: 5300 Unit ID: 5300 Max. Capacity: 70 TONS Lattice Boom Crane Contact Person: MR. BROCK SULLIVAN Service Status:MAIN BOOM 100 FT. Date: 06/21/2024 Hours: 6,392.2 Serial Number:9104AC3538 Inspector: Jose E. Lopez Phone No.: 305-970-5004 References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA#4, ASME B30.5, B30.10 Status: J= Satisfactory X= Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Reference 0- 1926.1412 A - B30.5-2.3.1 O - 1926 1434 A - B30.5-2.2.2 0 - 1926.1412 A - B30.5-2.1.3 0 - 1926.1433 0 - 1926.601 A - B30.5-3.4.8 0 - 1926.1433 0 - 1926.1422 Item Historical Data 1. Monthly Inspection Records 2. Maintenance Records 3. Modification Records 4. Load Test Records 5. Annual Inspection Records General 6. Sheet Metal 7. Guards/Covers 8. External Lights 9. Houskeeping 10. Safety/Warning Decals & Labels 11. Hand Signal Chart 12. 13. Driver's Cab & Station Status N/A N/A 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.1433 O - 1926.601 O - 1926.601 0 - 1926.601 0-1926.601 0 - 1926.1412 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 14. Service Brake 15. Emergency Brake 16. Parking Brake 17. Headlights 18. Tailights 19. Brake Lights 20. Audible Warning Device 21. Backup Audible Alarm 22. Windows 23. Windshield Wipers 24. 25. 26. 27. 28. 29. 30. 31. Defroster Overhead Protection Housekeeping Seat Seat Belts Tires Steering Mechanism Operating Controls 32. Safety Devices 33. Fire Extinguisher N/A N/A N/A N/A N/A N/A ..._ N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Reference 0 - 1926.1412 0 - 1926.1433 0- 1926.1433 0 - 1926.1433 0 - 1926.601 0 - 1926.601 0 - 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1423 0- 1926.1417 0-1926.1412 0- 1926.1412 0 - 1926.1412 0 - 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1412 0 - 1926.1433 0 - 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 Item Carrier Power Plant (Lower) 34. Performance 35. Exhaust System/Guards & Insulators 36. Belts 37. Guards/Covers/Rotat. & Recip. Parts 38. 39. Transmission 40. Drive Line 41. Tires 42. Main Frame Members 43. Hydraulic Hoses/Tubing/Fittings 44. Hydraulic Fluid Level 45. Anti -Skid Surface 46. Front Bumper Counterweight 47. Outriggers 1 48. Boxes 49. Beams 50. Cylinders Status 51. Floats/Pads 52. Hydraulic Hoses/Tubes/Fittings 53. Holding Valves 54. Position Locks 55. Warning Signs 56. 57. Car Body/Side Frames 58. Chain - Condition/Adjustment 59. Sprockets/Idlers/Rollers 60. Track Pads/Pins 61. Travel Locks 62. Steering Cluthces 63. N/A .. N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA #4, ASME B30.5, B30.10 Status: ✓= Satisfactory X = Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Inspection No.: 2406216 Reference 0 - 1926.1412 0 - 1926.1423 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.601 0- 1926.1412 A - B30.5-1.8.1 0 - 1926.1433 0 - 1926.1433 0 - 1926.1407 O - / 926.1422 0- 1926.1412 0 - 1926.1412 0 - 1926.1412 0- 1926.1412 0. 1926.1415 0-1926.1412 0 - 1926.1412 A-B30.5-1.6.1 0 - 1926.1433 0- 1910.180 0- 1910.180 0 - 1910.180 0 - 1910.180 0- 1926.1415 0 - 1926.1416 0- 1926.1416 0-1926.1416 0 - 1926.1412 0-1926.1416 0 - 1926.1416 0 - 1926.1415 0- 1926.1416 0 - 1926.1416 0 - 1926.1412 0 - 1926.1416 0 - 1926.1416 0 - 1926.1412 0 - 1926.1433 0 1926.1412 0 - 1926.1433 0 - 1926.1412 0 - 1926.1412 0 - 1926.1412 0- 1926.1412 0 - 1926.1412 0 - 1926.1412 0 - 1926.1412 Item Status • Operator's Cab 8 Station 64 Grab Rails/Steps/Platforms 65. Anti -Skid Surface 66. Windows 67. Windshield Wiper(s) 68. Door Restraint 69. Fire Extinguisher 70. Mirrors 71. Seat 72. Seat Belts 73. Operator's Manual 74. Decals 75. Electrocution Warning Sign (Inside) 76. Hand Signal Chart 77. Swing Brake 78. Positive Swing Lock 79. Control Function 80. Air Pressure 81. Foot Brakes - Latches/Linkage 82. Engine Clutch 83. Accelerator/Throttle Control Per Configuration 86. Durable 87. Legible 88. Visible From Operator's Station ✓ 89. Secured ✓ ✓ ✓ ✓ ✓ J J ✓ ✓ J 90. Safety Devices/Operational Aids 91. Horn 92. Boom Angle Indicator 93. Main Drum Rotation Indicator 94. Auxiliary Drum Rotation Indicator 95. Load Moment Indicator 96. Load Weight Indicator Wireless 97. Radius Indicator 98. Crane Level Indicator 99. Anti -Two Block Device Wirelless 100. Boom Hoist Limiting Device 101. Boom hoist Ratchet and Pawl 102. Outdgger.Stabilizer Position Sensor 103. Luffing Jib Angle Indicator Power Went (Upper) 104. Performance ✓ 105. Exhaust System/Guards & Insulators ✓ 106. Hoses J N/A N/A N/A N/A N/A I J 107. Guards/Covers/Rotat. & Recip. Parts ✓ 108. •Rotating,Upper Structure 109. Turntable/Bearing 110. Turntable/Rollers/Roller Path ✓ 111. Ring Gear/Pinion Gear ✓ 112. Hydraulic Pump(s) N/A 113. Hydraulic Hoses/Tubing/Fittings N/A 114. Hydraulic Pressure N/A 115. Electrical Wiring N/A J Reference 0-1926.1412 0-1926.1412 0- 1926.1413 0 - 1926.1412 0 - 1926.1412 0 - 1926.1413 0 - 1926.1412 Bern Rotating Upper Structure (continued) 116. Main Hoist - Clutches/Brakes 117. Main Hoist - Rope Spooling 118. Main Hoist - Minimum (2) rope wraps 119. Aux. Hoist - Clutches/Brakes 120. Aux. Hoist - Rope Spooling 121. Aux. Hoist - Minimum (2) rope wraps 122. Boom Hoist - Clutches/Brakes ✓ 0 - 1926.1412 123. BoomHoist - Rope Spooling Status J J J 0 - 1926.1413 124. Boom Hoist - Minimum (2) rope wraps ✓ 0- 1926.1412 125. Boom hoist - Clutch/Pawls/Racthets ✓ 0 - 1926.1412 126. Swing System/Assembly 0- 1926.1412 127. Hydraulic MotorsNalves/Lines/Etc. 0 - 1926.1412 128. Drums/Flanges 0- 1926.1412 0-1926.1412 0 - 1926.1423 0- 1926.1412 0- 1926.1412 0 - 1926.1412 0-1926.1412 0 - 1926.1433 0 - 1926.1407 0 - 1926.1412 0-1926.1415 0 - 1926.1412 0-1926.1412 ' 0 - 1926. 1412 0-1926 1412 0 - 1926.1404 0-1926.1404 0 - 1926 1412 0-1926.1412 0- 1926.1412 0 - 1926.1413 0 - 1926.1412 0- 1926.1412 0 - 1926.1412 0 - 1926.1412 0 - 1926.1412 0-1926.1412 0-1926.1412 0 - 1926.1415 0 - 1926.1412 0- 1926.1413 0 - 1926.1412 0-1926.1412 0- 1926.1412 0 - 1926.1416 129. Clutch/Brake Protection 130. Torque Converter 131. Anti -Skid Surface 132. Steps/Hand Holds/Platforms 133 Access to Cab and Rood 134. Air System - Compressor/Lines/Etc. 135. Counterweight Mounting 136. Counterweight Warning Sign 137. Electrocution Waming Sign (Outside) 138. avow( System 139. Gantry/Mast 140. Boom Stops 141. Inner Bail 142. Outer Bail/Equalizer 143. Sheave(s) 144. Boom Hoist Reeving 145. 146. Boom Section Identification 147. Boom Section Sequence 148. Boom Section Alignment 149. Warning Deals 150. Spreader Bar 151. Sheave(s) 152. Hoist Line Dead End 153. Wire Rope Retainer(s) 154. Boom Foot Pins/Keepers 155. Boom Head Section 156. Auxiliary Boom Head 157. Lattice Members 158. Cord Members 159. End Connections/Pins 160. 161. Stops 162. Sheave(s) 163. VVire Rope Retainer(s) 164. Lattice Members 165. Cord Members 166. End Connections/Pins 167. Luffing Jib Stops 168. ✓ J J N/A ✓ N/A N/A N/A ............ N/A N/A N/A N/A Drum Boom Pendants Jib Pendants ., N/A Type Manufacturer: N/A S/N: Rated Capacity: Weight: Hook Tram Meas: Reference 0 - 1926.1433 ............ 0 - 1926.1433 0 - 1926.1412 0 - 1926.1433 A- B30.10-2. 10.5 A- B30.10-2. 10.5 A- B30.10-2. 10.5 0 - 1926.1412 0 - 1926.1412 0 - 1926.1413 0 - 1926.1412 A- B30.5-2.1.3 Reference 0 - 1926.1412 References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA #4, ASME B30.5, B30.10 Status: 1,/= Satisfactory X = Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable 0 - 1926.1413 168. Rope Application Main Hoist Drum NON ROT 718" Size Construct. Aux. Hoist NON ROT 7/8" Drum Boom Hoist RR ALT. 5/8" LAY Main Load Block & Hook Item 169. Capacity Marking 170. Weight Marking 171.Sheave(s) 172. Safety Latches Status 173.0° Hook Bend or Twist 174. 5% Hook Opening or 1/4' Max 175. 10% Hook Wear Max. 176. Swivel 177. Bearing 178. Wedge Socket/End Fitting 179. Reeving 180. NDT Results: 181. Item 193. No -Load Operational Test A- B30.5-2.2.2 Hoisiting Boom/Jib Length From: 194. Boom Jib Results of Load Test Explanation: j Manufacturer: S/N: Rated Capacity: Weight: Hook Tram Meas: Inspection No.: 2406216 J Reference Item 0 - 1926.1433 182. Capacity Marking 0 - 1926.1433 183. Weight Marking 0- 1926.1433 184. Safety Latches A - B30.10-2. 10.5 185. 0° Hook Bend or Twist A- B30.10-2. 10.5 186. 5% Hook Opening or 1/4" Max A - B30.10-2. 10.5 187. 10% Hook Wear Max. 0 - 1926.1412 188. Swivel 0-1926.1412 i 89. Bearing 0 1926.1413 190. Wedge Socket/End Fitting A - B30.5-2.1.3 191. NDT Results: 192. Status Caution: Operation of cranes by Inspectors is limited to those crane functions necessary to accomplish the inspection. inspectors must meet operator trainee J qualification requirements in ASME B30.5 and only operated under the direct supervision of a certified operator. Load Test Load Radius Boom Angle Parts of Line Passed Rated Capacity Failed Test Weight % of Rated Capacity Not Applicable Caution: Load Test shall be conducted by a qualified person. Operators must be certified through a nationally accredited and OSHA recognized certification program. Inspection No.: 2406216 Florida Crane Inap Report The following corrective action(s) (repairs, adjustments, replacement parts, etc.) are too be performed by a qualified person in accordance with all the manufacturer's instructions, specifications, and requirements. OSHA requires that if any deficiency is identified as a safety hazard (X ), the equipment must be taken out of service until it has been corrected. If the qualifier person determines that though not presently a safety hazard, the deficiency needs to be monitored (M), the employer must ensure that the deficiency is checked in the daily & monthly inspections. Recommendations (R) should be considered for corrective action. Recommendations can also be used to identify industry accepted safety and operational enhancements. X = Safety Hazard M = Monitor R = Recommendation Jose E. Lopez lorida Crane Inspections LLC. Company Representative:MR. TONY FLORIDA C i E ONS LLC. 300 N.W. 65 Miami, Florida (305) 970 5004 Fax ( E-mail tloridacrane Annual Certificate of Inspection Date Issued: 06/21/24 2406215 Expiration Date: 06/21/2025 Crane Owner: KEARNS CONSTRUCTION CORP. Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: AMERICAN Model: 5300 Configuration: MAIN BOOM 80 FT. Unit:# 5300-1 Serial Number: 3407AT3273 TWO HOIST LINES «'n "" < Au nip' nff, This Crane has been ii following standards: OSHA Regulation 192 PCSA #4 / ASME B30 Inspection was perfori FLO 5 INSPECTION ♦ ICATE Manufacturer: Insp. #:2406215 AMERICAN CTIONS LLC Model #: 5300 Serial #: 34074C3273 Insp. Insp. By: J 5300-1 2025 L Lope' FLORIDA C '.•r E ONS LLC. 300 N.W. 65 Miami, Florida (305) 970 5004 Fax ( E-mail floridacrane 2406215 Annual Certificate of Inspection Date Issued: 06/21/24 Expiration Date: 06/21/2025 Crane Owner: KEARNS CONSTRUCTION CORP. Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: AMERICAN Unit:# 5300-1 Model: 5300 Serial Number: 3407AT3273 Configuration: MAIN BOOM 80 FT. TWO HOIST LINES FOR PILE DRIVING ON BIG DOG This Crane has been inspected and found in compliance with the following standards: OSHA Regulation 1926 Subpart CC / 1926.601 / 1910.180 PCSA #4 / ASME B30.5 / B30.10 Inspection was performed by: E. Lopez Crane Institute ofAmerica Certification #17-2332 Inspection No.: 2406215 Florida Crane Inspections LLC. OSHA/ASME ANNUAL/PERIODIC INSPECTION CHECKLIST Owner: KEARNS CONSTRUCTION Location:PORT OF MIAMI, MIAMI, FLORIDA Make: AMERICAN Model: 5300 Unit ID: 5300-1 ON BIG DOG Max. Capacity: 70 TONS Lattice Boom Crane Contact Person: MR. BROCK SULLIVAN Date: 06/21/2025 Service Status:MAIN BOOM 80 FT. Hours: 8,118.1 Serial Number:3407AT3273 Inspector: Jose E. Lopez Phone No.: 305-970-5004 References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA#4, ASME B30.5, B30.10 Status: vf= Satisfactory X= Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Reference 0- 1926.1412 A - B30.5-2.3.1 0 - 1926.1434 A- B30.5-2.2.2 0 - 1926.1412 A - B30.5-2.1.3 0 - 1926.1433 0 - 1926.601 A - B30.5-3.4.8 0- 1926.1433 0- 1926.1422 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0- 1926.1433 0 -1926601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0- 1926.1412 0 - 1926.601 0 - 1926.601 .............................. 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 Item Historical Data 1. Monthly Inspection Records 2. Maintenance Records 3. Modification Records 4. Load Test Records 5. Annual Inspection Records General Status J N/A N/A J J 6. Sheet Metal 7. Guards/Covers 8. External Lights 9. Houskeeping 10. Safety/VVarning Decals & Labels 11. Hand Signal Chart 12. 13. Driver's Cab & Station 14. Service Brake i N/A 15. Emergency Brake N/A 0-1926.1412 Reference 0- 1926.1412 0 - 1926.1433 0- 1926.1433 0 - 1926.1433 Item Status Carrier Power Plant (Lower) 34. Performance N/A 35. Exhaust System/Guards & Insulators N/A 36. Belts N/A 37. Guards/Covers/Rotat. & Recip. Parts N/A 0-1926.601 0 - 1926.601 0- 1926.1412 0- 1926.1412 0- 1926.1412 0-1926.1412 0 - 1926.1423 0 - 1926.1417 16. Parking Brake N/A 0 - 1926.1412 17. Headlights N/A 0 - 1926.1412 18. Tailights N/A 0 - 1926.1412 19. Brake Lights N/A 0- 1926.1412 20. Audible Warning Device N/A 0- 1926.1412 21. Backup Audible Alarm N/A 0- 1926.1412 22. Wndows N/A 0 - 1926.1433 23. Windshield Wipers N/A 24. Defroster 25. Overhead Protection 26. Housekeeping 27. Seat 28. Seat Belts 29. Tires 30. Steering Mechanism 31. Operating Controls 32. Safety Devices 33. Fire Extinguisher N/A N/A N/A N/A N/A N/A N/A N/A N/A 38. BIG DOG B 39. Transmission N/A 40. Drive Line N/A N/A N/A N/A N/A 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 41. Tires N/A 42. Main Frame Members 43. Hydraulic Hoses/Tubing/Fittings N/A 44. Hydraulic Fluid Level N/A 45. Anti -Skid Surface 46. Front Bumper Counterweight N/A 47. Outriggers. 48. Boxes 49. Beams 50. Cylinders 51. Floats/Pads 52. Hydraulic Hoses/Tubes/Fittings 53. Holding Valves 54. Position Locks 55. Warning Signs 56. 57. Car Body/Side Frames 58. Chain - Condition/Adjustment 59. Sprockets/Idlers/Rollers 60. Track Pads/Pins 61. Travel Locks 62. Steering Cluthces ........ ,. . 63. References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA #4, ASME B30.5, B30.10 Status: ✓= Satisfactory X = Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Inspection No.: 2406215 Reference 0- 1926.1412 0 - 1926.1423 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.601 0- 1926.1412 A - B30.5-1.8.1 0 - 1926.1433 0 - 1926.1433 0 - 1926.1407 0 - 1926.1422 0 1926.1412 0-1926.1412 0 - 1926.1412 0- 1926.1412 0 - 1926.1415 0-1926.1412 0 - 1926.1412 A - B30.5-1.6.1 0 - 1926.1433 0- 1910.180 0- 1910.180 0 - 1910.180 0 - 1910.180 0- 1926.1415 0 - 1926.1416 0 - 1926.1416 0- 1926.1416 0 - 1926.1412 0 - 1926.1416 0 - 1926.1416 0- 1926.1415 0 - 1926.1416 0- 1926.1416 0 - 1926.1412 0 - 1926.1416 0 - 1926.1416 0 - 1926.1412 0 - 1926.1433 0 - 1926.1412 0 1926.1433 0 - 1926.1412 0 - 1926.1412 0 - 1926.1412 0- 1926.1412 0 - 1926.1412 0 - 1926.1412 0 - 1926.1412 Item Operator's Cab & Station 64. Grab Rails/Steps/Platforms 65. Anti -Skid Surface 66. Windows 67. Windshield Wiper(s) 68. Door Restraint 69. Fire Extinguisher 70. Mirrors 71. Seat 72. Seat Belts 73. Operator's Manual / List Chart 74. Decals 75. Electrocution Warning Sign (Inside) 76. Hand Signal Chart 77. Swing Brake 78. Positive Swing Lock 79. Control Function 80. Air Pressure 81. Foot Brakes - Latches/Linkage 82. Engine Clutch 83. Accelerator/Throttle Control 84. Control Marking Load Chart 85. Per Configuration 86. Durable 87. Legible 88. Visible From Operator's Station 89. Seared 90. Safety DevicoslOperationat Aida 91. Horn 92. Boom Angle Indicator 93. Main Drum Rotation Indicator 94. Auxiliary Drum Rotation Indicator 95. Load Moment Indicator 96. Load Weight Indicator Wireless 97. Radius Indicator 98. Crane Clinometer Indicator 99. Anti -Two Block Device Wirelless 100. Boom Hoist Limiting Device 101. Boom hoist Ratchet and Pawl 102. Outrigger Stabilizer Position Sensor 103. Luffing Jib Angle Indicator Power Plant (Upper) 104. Performance 105. Exhaust System/Guards & Insulators 106. Hoses 107. Guards/Covers/Rotat. & Recip. Parts 108. Rotating' Upper Structure. 611, 109. Turntable/Bearing 110. Turntable/Rollers/Roller Path 111. Ring Gear/Pinion Gear 112. Hydraulic Pump(s) 113. Hydraulic Hoses/Tubing/Fittings 114. Hydraulic Pressure 115. Electrical Wiring ✓ 0-1926.1413 ✓ 0-1926.1412 • 0-1926.1412 ✓ 0- 1926.1413 ✓ 0-1926.1412 • 0-1926.1412 ✓ 0 - 1926.1413 ✓ 0- 1926.1412 J • 0- 1926.1412 J Status Reference Item Rotating Upper Structure (continued) 0- 1926.1412 116. Main Hoist - Clutches/Brakes ✓ 0 - 1926 1412 117. Main Hoist - Rope Spooling ✓ 118. Main Hoist - Minimum (2) rope wraps ✓ 0 - 1926.1412 ............... Status 119.Aux. Hoist - Clutches/Brakes ✓ 120. Aux. Hoist - Rope Spooling ✓ 121. Aux. Hoist - Minimum (2) rope wraps ✓ 122. Boom Hoist - Clutches/Brakes ✓ 123. BoomHoist - Rope Spooling ✓ 124. Boom Hoist - Minimum (2) rope wraps ✓ 125. Boom hoist - Clutch/Pawls/Racthets ✓ 126. Swing System/Assembly ✓ 127. Hydraulic MotorsNalves/Lines/Etc. N/A 0 - 1926.1412 128. Drums/Flanges 0- 1926.1412 129. Clutch/Brake Protection 0- 1926.1412 130. Torque Converter 0 - 1926.1423 131. Anti -Skid Surface 0-1926.1412 0- 1926.1412 0 - 1926.1412 0- 1926.1412 0 - 1926.1433 0 - 1926.1407 ✓ 0-1926.1412 ✓ 0-1926.1415 0 - 1926.1412 J N/A N/A N/A N/A N/A N/A J N/A N/A J J 132. Steps/Hand Holds/Platforms 133. Access to Cab and Rood 134. Air System - Compressor/Lines/Etc. 135. Counterweight Mounting 136. Counterweight Warning Sign 137. Electrocution Warning Sign (Outside) 138. 139. Gantry/Mast 140. Boom Stops 141. Inner Bail 0 - 1926.1412 142. Outer Bail/Equalizer 0 - 1926.1412 143. Sheave(s) 0- 1926.1412 144. Boom Hoist Reeving 145. 0-1926.1412 0 - 1926.1404 0 - 1926.1404 0 - 1926.1412 0- 1926.1412 0-1926.1412 0- 1926.1413 0-1926.1412 0- 1926.1412 0 - 1926.1412 0-1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1412 0 - 1926.1415 0-1926.1412 0 - 1926.1413 0 - 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1416 146. Boom Section Identification 147.Boom Section Sequence 148. Boom Section Alignment 149. Warning Deals 150. Spreader Bar 151.Sheave(s) 152. Hoist Line Dead End 153. Wire Rope Retainer(s) 154. Boom Foot Pins/Keepers 155.Boom Head Section 156. Auxiliary Boom Head 157. Lattice Members 158. Cord Members 159. End Connections/Pins 160. Jib 161. Stops N/A 162. Sheave(s) N/A 163. Wire Rope Retainer(s) N/A 164. Lattice Members N/A 165. Cord Members 166. End Connections/Pins N/A 167. Luffing Jib Stops N/A 168. _ ..__....._... ✓ J N/A References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA #4, ASME B30.5, 830.10 Status: s/= Satisfactory X = Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable 0 - 1926.1413 168. Rope Application Type Size Main Hoist NON ROT 7/8" Drum Aux. Hoist NON ROT Drum Boom Hoist RR ALT. Drum LAY Boom RR LAY 1 1/8" Pendants Jib Pendants NIA Other Manufacturer: N/A S/N Rated Capacity: Weight: Hook Tram Meas: • Construct. Grade Main Load Block & Hook Wire Rope Core Reference Item 0 - 1926.1433 169. Capacity Marking 0 - 1926.1433 170. Weight Marking 0 - 1926.1412 171. Sheave(s) 0 - 1926.1433 172. Safety Latches A- B30.10-2. 10.5 173. 0° Hook Bend or Twist A- B30.10-2. 10.5 174. 5% Hook Opening or 1/4" Max A- B30.10-2. 10.5 175. 10% Hook Wear Max. 0 - 1926.1412 176 Swivel 0 - 1926.1412 177. Bearing 0- 1926.1413 178. Wedge Socket/End Fitting 0- 1926.1412 179. Reeving A- B30.5-2.1.3 180. NDT Results: 181. Reference 0 - 1926.1412 A- B30.5-2.2.2 194. Hoisiting Boom/Jib Length From: Item 193. No -Load Operational Test Boom Jib Results of Load Test Explanation: Status Rope Damage Inspection No.: 2406215 Measured Broken Lubrication End Status Wear Wires Connections ✓ � J J J J Manufacturer: N/A S/N: j Rated Capacity: Weight: I Hook Tram Meas: Overhaul Ball & Hook' Reference Item 0 - 1926.1433 182. Capacity Marking 0 - 1926.1433 183. Weight Marking 0- 1926.1433 184. Safety Latches A- B30.10-2. 10.5 185. 0° Hook Bend or Twist A- B30.10-2. 10.5 186. 5% Hook Opening or 1/4" Max A- B30.10-2. 10.5 187. 10% Hook Wear Max. 0- 1926.1412 188. Swivel - 0 - 1926.1412 189. Bearing 0 1926.1413 190. Wedge Socket/End Fitting A- B30.5-2.1.3 191. NDT Results: 192. No -Load Operational Test Status Status Caution: Operation of cranes by Inspectors is limited to those crane functions necessary to accomplish the inspection. inspectors must meet operator trainee ✓ qualification requirements in ASME B30.5 and only operated under the direct supervision of a certified operator. Load Radius 1 Boom Angle . Parts of Line Passed • Rated Capacity Test Weight Failed % of Rated Capacity Not Applicable Caution: Load Test shall be conducted by a qualified person. Operators must be certified through a nationally accredited and OSHA recognized certification program. Inspection No.: 2406215 Florida Crane Inspections ttc. Report The following corrective action(s) (repairs, adjustments, replacement parts, etc.) are too be performed by a qualified person in accordance with all the manufacturer's instructions, specifications, and requirements. OSHA requires that if any deficiency is identified as a safety hazard (X ), the equipment must be taken out of service until it has been corrected. If the qualifier person determines that though not presently a safety hazard, the deficiency needs to be monitored (M), the employer must ensure that the deficiency is checked in the daily & monthly inspections. Recommendations (R) should be considered for corrective action. Recommendations can also be used to identify industry accepted safety and operational enhancements. X = Safety Hazard M = Monitor R = Recommendation X/M/R Item No. Inspector:jlo' Jose E. Lopez rida Crane Inspections LLC. NONE Company Representative:MR. TONY FLORIDA C 'f E ONS LLC _. 300 N.W. 65 Miami, Florida (305) 970 5004 Fax ( E-mail floridacran Annual Certificate of Inspection Date Issued: 06/21/24 2406213 Expiration Date: 06/21/2025 Crane Owner: KEARNS CONSTRUCTION CORP, Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: AMERICAN Model: 7225 Configuration: Unit:# 7225 Serial Number:8712AC3420 MAIN BOOM 100 FT. TWO HOIST LINES FOR PILE DRIVING This Crane has been it following standards: OSHA Regulation 1926 PCSA #4 / ASME B30.! Inspection was perform FLO INSPECTION Manufacturer: Insp. #: 2'166213 AMERICAN Model #: 7225 Serial #: g7i2AC362D CTIONS LLC ICATE 7225 GG 207�i Insp. Type: AMOVA L Insp. By: o.s. , FLORIDA C E ` ONS LLC. 300 N.W. 65 Miami, Florida (305) 970 5004 Fax ( E-mail floridacrane 2406213 Annual Certificate of Inspection Date Issued: 06/21/24 Expiration Date: 06/21/2025 Crane Owner: KEARNS CONSTRUCTION CORP. Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: AMERICAN Unit:# 7225 Model: 7225 Serial Number:8712AC3420 Configuration: MAIN BOOM 100 FT. TWO HOIST LINES FOR PILE DRIVING This Crane has been inspected and found in compliance with the following standards: OSHA Regulation 1926 Subpart CC / 1926.601 / 1910.180 PCSA #4 / ASME B30.5 / B30.10 Inspection was performed by: `Job E. Lopez Crane Institute o America Certification #17-2332 0 - 1926.1412 A - B30.5-2.3.1 0- 1926.1434 A - B30.5-2.2.2 0 - 1926.1412 A - B30.5-2.1.3 O - 1926.1433 O - 1926.601 A - B30.5-3.4.8 O - 1926.1433 0 - 1926.1422 O - 1926.601 O - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0- 1926.1433 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.1412 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 Florida Crane Inspections [LC. I OSHA/ASME ANNUAL/PERIODIC INSPECTION CHECKLIST Owner: KEARNS CONSTRUCTION Location: PORT OF MIAMI, MIAMI, FLORIDA Make: AMERICAN Model: 7225 Unit ID: 7225 Max. Capacity: 85 TONS Inspection No.: 2406213 I Lattice Boom Crane Contact Person: MR. BROCK SULLIVAN Date: 06/21/2024 Service Status:MAIN BOOM 100 FT. Hours: 2,170.0 Serial Number:8712AC3420 Inspector: Jose E. Lopez Phone No.: 305-970-5004 References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA#4, ASME 830.5, B30.10 Status: V= Satisfactory X= Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Reference Item ................._... Historical Data 1. Monthly Inspection Records 2. Maintenance Records 3. Modification Records 4. Load Test Records 5. Annual Inspection Records General 6. Sheet Metal 7. Guards/Covers 8. External Lights 9. Houskeeping 10. Safety/Warning Decals & Labels 11. Hand Signal Chart 12. 13. Driver's Cab & Station 14. Service Brake 15. Emergency Brake 16. Parking Brake 17. Headlights Status Reference 18. Tailights 19. Brake Lights 20. Audible Warning Device 21. Backup Audible Alarm 22. Windows 23. Windshield Wipers N/A N/A N/A N/A 0 - 1926.1412 0 - 1926.1433 0- 1926.1433 0 - 1926.1433 Item Carrier Power Plant (Lower) 34. Performance 35. Exhaust System/Guards & Insulators 36. Belts 37. Guards/Covers/Rotat. & Recip. Parts 38. Carrier 0 - 1926.601 ......._.. 0 - 1926.601 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1423 0- 1926.1417 0 - 1926.1412 N/A 0 - 1926.1412 N/A 0 - 1926.1412 N/A 0 - 1926.1412 N/A 0 - 1926.1412 N/A 0- 1926.1412 N/A 0 - 1926.1412 N/A 0 - 1926.1433 N/A 24. Defroster 25. Overhead Protection 26. Housekeeping 27. Seat 28. Seat Belts 29. Tires 30. Steering Mechanism 31. Operating Controls 32. Safety Devices 33. Fire Extinguisher N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 0- 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1412 0 - 1926.1412 39. Transmission 40. Drive Line Status 41. Tires 42. Main Frame Members 43. Hydraulic Hoses/Tubing/Fittings 44. Hydraulic Fluid Level 45. Anti -Skid Surface 46. Front Bumper Counterweight 47. Outriggers 48. Boxes 49. Beams 50. Cylinders 51. Floats/Pads 52. Hydraulic Hoses/Tubes/Fittings 53. Holding Valves 54. Position Locks 55. Warning Signs 56. rAssembly 57. Car Body/Side Frames 58. Chain - Condition/Adjustment 59. Sprockets/Idlers/Rollers 60. Track Pads/Pins 61. Travel Locks 62. Steering Cluthces 63. N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A i Reference 0- 1926.1412 0 - 1926.1423 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.601 0- 1926.1412 A - B30.5-1.8.1 0 - 1926 1433 0 - 1926.1433 0 - 1926.1407 0 - 1926.1422 0- 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1412 0 - 1926.1415 0 - 1926.1412 0 - 1926.1412 A - B30.5-1.6.1 0 - 1926.1433 O - 1910.180 0- 1910.180 O - 1910.180 0 - 1910.180 0 - 1926.1415 0 - 1926.1416 0-1926.1416 0 - 1926.1416 0 - 1926.1412 0 - 1926.1416 0 - 1926.1416 0 -1926.1415 0 - 1926.1416 0 - 1926.1416 0- 1926.1412 0-1926.1416 0- 1926.1416 0- 1926.1412 0 - 1926.1433 0- 1926.1412 0 - 1926.1433 0- 1926. 1412 0 - 1926.1412 0 - 1926.1412 0-1926.1412 0-1926.1412 0- 1926.1412 0- 1926.1412 References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA #4, ASME B30.5, B30.10 Status: J= Satisfactory X = Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Item Status Reference Operator's Cab 8, Statifg. t,� `fit. dt iiza�ai a :� 64. Grab Rails/Steps/Platforms ✓ 0-1926.1412 65. Anti -Skid Surface J 0- 1926.1412 66. Wndows ✓ 0- 1926.1413 67. Windshield Wiper(s) J 0-1926.1412 68. Door Restraint ✓ 0 - 1926.1412 69. Fire Extinguisher - • 0-1926.1413 70. Mirrors ✓ 0-1926.1412 71. Seat ✓ 0- 1926.1412 72. Seat Belts ✓ 0- 1926.1413 73. Operator's Manual ✓ 0- 1926.1412 83. Accelerator/Throttle Control J 0- 1926.1412 84. Control Marking ✓ 0 -1926.1433 Load Chart 0 - 1926.1407 85. Per Configuration ✓ 86. Durable 87. Legible O 1926.1412 88. Visible From Operator's Station 0-1926.1415 89 Secured - ✓_ _. 0-1926.1412 90. .... 0 -1926.1412 Satety DevlcesfOperationai Aids 0-1926 1412 91. Horn 0-1926.1412 92. Boom Angle Indicator 93. Main Drum Rotation Indicator 94. Auxiliary Drum Rotation Indicator 95. Load Moment Indicator 96. Load Weight Indicator Wireless 97. Radius Indicator 98. Crane Level Indicator 99. Anti -Two Block Device Wrelless 100. Boom Hoist Limiting Device 101. Boom hoist Ratchet and Pawl 102. Outrigger.Stabilizer Position Sensor 103, Luffing Jib Angle Indicator Power Plant (Upper) 104. Performance 105. Exhaust System/Guards & Insulators 106. Hoses 107. Guards/Covers/Rotat. & Recip. Parts 108. Rotating.Upper Structure 109. Turntable/Bearing 110. Turntable/Rollers/Roller Path 111. Ring Gear/PinionGear 112. Hydraulic Pump(s) 113. Hydraulic Hoses/Tubing/Fittings 114. Hydraulic Pressure 115. Electrical Wring J N/A N/A 0 - 1926.1412 N/A 0 - 1926.1404 • 0 -1926.1404 N/A 0 - 1926.1412 • 0 - 1926.1412 N/A 0 - 1926.1412 • 0 - 1926.1413 0-1926.1412 N/A 0-1926.1412 N/A O - 1926.1412 __.. 0-1926.1412 • 0 - 1926.1412 • 0-1926.1412 • 0 -1926.1412 J N/A J N/A N/A N/A J 0 - 1926.1415 0 - 1926.1412 0 - 1926.1413 0 - 1926.1412 0 - 1926.1412 0-1926.1412 0- 1926.1416 80. Air Pressure ✓ - ---- 0 - 1926.1412 81. Foot Brakes - Latches/Linkage - - ✓ 0- 1926.141212 82. Engine Clutch ✓ -- 0-1926.1412 74. Decals - -� 0-1926.1412 75. Electrocution Warning Sign (Inside) ✓ 0 - 1926.1412 76. Hand Signal Chart ✓ 0 - 1926.1412 77. Swing Brake ✓ - -- -------- 0 - 1926.1412 78. Positive Swing Lock ✓ ......_.._..... _.. 0 - 1926.1412 79. Control Function ✓ 0 - 1926.1423 Inspection No.: 2406213 Item 116. Main Hoist - Clutches/Brakes 117. Main Hoist - Rope Spooling 118. Main Hoist - Minimum (2) rope wraps 119. Aux. Hoist - Clutches/Brakes 120. Aux. Hoist - Rope Spooling 121. Aux. Hoist - Minimum (2) rope wraps 122. Boom Hoist - Clutches/Brakes 123. BoomHoist - Rope Spoofing 124. Boom Hoist - Minimum (2) rope wraps 125. Boom hoist - Clutch/Pawls/Racthets 126. Swing System/Assembly 127. Hydraulic MotorsNalves/Lines/Etc. 128. Drums/Flanges 129. Clutch/Brake Protection 130. Torque Converter 131. Anti -Skid Surface 132. Steps/Hand Holds/Platforms 133 Access to Cab and Rood 134. Air System - Compressor/Lines/Etc, 135. Counterweight Mounting 136. Counterweight Warning Sign 137. Electrocution Warning Sign (Outside) 138. Boom Suport System 139. Gantry/Mast 140. Boom Stops 141. Inner Bail 142. Outer Bail/Equalizer 143. Sheave(s) 144. Boom Hoist Reeving 145. Boom 146. Boom Section Identification 147. Boom Section Sequence 148. Boom Section Alignment 149. Warning Deals 150. Spreader Bar 151. Sheave(s) 152. Hoist Line Dead End 153. Wre Rope Retainer(s) 154. Boom Foot Pins/Keepers 155. Boom Head Section 156. Auxiliary Boom Head 157. Lattice Members 158. Cord Members 159. End Connections/Pins 160. Status ✓ ✓ ✓ Jib 161. Stops N/A 162. Sheave(s) N/A 163. Wire Rope Retainer(s) 164. Lattice Members 165. Cord Members 166. End Connections/Pins 167. Luffing Jib Stops 168. N/A N/A N/A N/A NIA 0 - 1926.1413 168. Rope Application Main Hoist Drum Aux. Hoist Drum Boom Hoist RR ALT. Drum LAY Wire Rope Core NON ROT 7/8" 36X7 EIPS STRAND Type Boom Pendants References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA#4, ASME B30.5, B30,10 Status: V/= Satisfactory X= Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Size Construct. Grade NON ROT 7/8" 36X7 RR LAY 1 1/4" 6/25 Jib Pendants N/A Other Manufacturer: N/A S/N: Rated Capacity: Weight: Hook Tram Meas: Main Load Block & Hook EIPS STRAND EIPS IWRC WRC Reference Item 0 - 1926.1433 169. Capacity Marking 0- 1926.1433 170. Weight Marking 0 - 1926.1412 171. Sheave(s) Status 0 - 1926.1433 172. Safety Latches A- B30.10-2. 10.5 173. 0° Hook Bend or Twist A- B30.10-2. 10.5 174. 5% Hook Opening or 1/4" Max A- B30.10-2. 10.5 175. 10% Hook Wear Max. 0 - 1926.1412 176. Swivel 0- 1926.1412 177. Bearing 0- 1926.1413 178. Wedge Socket/End Fitting 0- 1926.1412 179. Reeving A- B30.5-2.1.3 180. NDT Results: 181. Reference 0- 1926.1412 Item 193. No -Load Operational Test A- B30.5-2.2.2 194. Hoisiting From: Boom/Jib Length Boom Jib Results of Load Test Explanation: Rope Measured Damage Wear ✓ J ✓ Manufacturer: N/A S/N: Rated Capacity: Weight: Inspection No.: 2406213 Broken Lubrication End Status Wires Connections J J Hook Tram Meas: Reference Item 0 - 1926.1433 182. Capacity Marking 0 - 1926.1433 183. Weight Marking 0 - 1926.1433 A - B30.10-2. 10.5 A - B30.10-2. 10.5 A - B30.10-2. 10.5 0 - 1926.1412 0-1926.1412 0 - 1926.1413 A- B30.5-2.1.3 No -Load Operational Test Status J Load Test Load Radius Boom Angle Passed 184. Safety Latches 185. 0° Hook Bend or Twist 186. 5% Hook Opening or 1/4" Max 187. 10% Hook Wear Max. 188. Swivel 189. Bearing 190. Wedge Socket/End Fitting 191. NDT Results: 192. Status 4111111111.10 Caution: Operation of cranes by Inspectors is limited to those crane functions necessary to accomplish the inspection. inspectors must meet operator trainee qualification requirements in ASME B30.5 and only operated under the direct supervision of a certified operator. Parts of Line Rated Capacity Failed Test Weight % of Rated Capacity Not Applicable Caution: Load Test shall be conducted by a qualified person. Operators must be certified through a nationally accredited and OSHA recognized certification program. Inspection No.: 2406213 Florida Crane UC. Report The following corrective action(s) (repairs, adjustments, replacement parts, etc.) are too be performed by a qualified person in accordance with all the manufacturer's instructions, specifications, and requirements. OSHA requires that if any deficiency is identified as a safety hazard (X ), the equipment must be taken out of service until it has been corrected. If the qualifier person determines that though not presently a safety hazard, the deficiency needs to be monitored (M), the employer must ensure that the deficiency is checked in the daily & monthly inspections. Recommendations (R) should be considered for corrective action. Recommendations can also be used to identify industry accepted safety and operational enhancements- X/MJR Item No. X = Safety Hazard M = Monitor R = Recommendation Corrective Action NONE Inspector: .%- Jose E. Lopez lorida Crane Inspections LLC. Company Representative:MR. TONY 1 FLORIDA C E ' ONS LLC. 300 N.W. 65 Miami, Florida (305) 970 5004 Fax ( E-mail floridacrane Annual Certificate of Inspection Date Issued: 06/21/24 2406212 Expiration Date: 06/21/2025 Crane Owner: KEARNS CONSTRUCTION CORP. Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: AMERICAN Model: 9270 Configuration: MAIN BOOM 120 FT. Unit:# 9270 Serial Number: GS-15540 TWO HOIST LINES FOR PILE DRIVING This Crane has been i following standards: OSHA Regulation 19; PCSA #4 / ASME B3C Inspection was perfor FLO INSPECTION - Manufacturer: Insp. #:26104,212 AMIERICAN Model #: 9270 Serial #: C-�S-15540 Insp. Insp. By: CTIONS LLC ICATE 927a 2025 FLORIDA C 'i, E ' ONS LLC. 300 N.W. 65' Miami, Florida (305) 970 5004 Fax ( E-mail floridacrane 2406212 Annual Certificate of Inspection Date Issued: 06/21/24 Expiration Date: 06/21/2025 Crane Owner: KEARNS CONSTRUCTION CORP. Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: AMERICAN Unit:# 9270 Model: 9270 Serial Number: GS-15540 Configuration: MAIN BOOM 120 FT. TWO HOIST LINES FOR PILE DRIVING This Crane has been inspected and found in compliance with the following standards: OSHA Regulation 1926 Subpart CC / 1926.601 / 1910.180 PCSA #4 / ASME B30.5 / B30.10 Inspection was performed by: ,11„.To E. Lopez Crane Institute o�itt''America Certification #17-2332 Inspection No.: 2406212 Florida Crane Inspections LLC. OSHA/ASME ANNUAL/PERIODIC INSPECTION CHECKLIST Lattice Boom Crane Owner: KEARNS CONSTRUCTION Contact Person: MR. BROCK SULLIVAN Date: 06/21/2024 Location:PORT OF MIAMI, MIAMI, FLORIDA Service Status:MAIN BOOM 120 FT. Hours: 6,190.6 Make: AMERICAN Model: 9270C Serial Number:GS-15540 Unit ID: 9270 Max. Capacity: 150 TONS Inspector: Jose E. Lopez Phone No.: 305-970-5004 References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA#4, ASME B30.5, B30.10 Status: V= Satisfactory X= Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Reference 0- 1926.1412 A - B30.5-2.3.1 0 - 1926.1434 A- B30.5-2.2.2 0 - 1926.1412 A - B30.5-2.1.3 0- 1926.1433 0 - 1926.601 A - B30.5-3.4.8 0 - 1926.1433 0 1926.1422 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.1433 O - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.1412 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 Item Historical Data 1. Monthly Inspection Records 2. Maintenance Records 3. Modification Records 4. Load Test Records 5. Annual Inspection Records General 6. Sheet Metal 7. Guards/Covers 8. External Lights 9. Houskeeping 10. Safety/Warning Decals & Labels 11. Hand Signal Chart 12. 13. Driver's Cab & Station 14. Service Brake 15. Emergency Brake 16. Parking Brake 17. Headlights 18. Tailights 19. Brake Lights 20. Audible Warning Device 21. Backup Audible Alarm Status 22. Windows 23. Windshield Wipers 24. Defroster 25. Overhead Protection 26. Housekeeping 27. Seat 28. Seat Belts 29. Tires 30. Steering Mechanism 31. Operating Controls 32. Safety Devices 33. Fire Extinguisher Reference • 0 - 1926.1412 • 0 - 1926.1433 N/A 0- 1926.1433 N/A 0- 1926.1433 0 - 1926.601 • O - 1926.601 J 0- 1926.1412 • 0-1926.1412 • 0- 1926.1412 • 0- 1926.1412 0- 1926.1423 0 - 1926.1417 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A ............. N/A N/A N/A N/A N/A N/A N/A 0-1926.1412 0-1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1433 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1412 Item Status Carrier Power Plant (Lower) 34. Performance N/A 35. Exhaust System/Guards & Insulators N/A 36. Belts N/A 37. Guards/Covers/Rotat. & Recip. Parts N/A 38. Carrier 39. Transmission N/A. 40. Drive Line N/A 41. Tires N/A 42. Main Frame Members N/A 43. Hydraulic Hoses/Tubing/Fittings N/A 44. Hydraulic Fluid Level 45. Anti -Skid Surface 46. Front Bumper Counterweight 47. Outriggers 48. Boxes 49. Beams 50. Cylinders 51. Floats/Pads 52. Hydraulic Hoses/Tubes/Fittings 53. Holding Valves 54. Position Locks 55. Warning Signs 56. Crawler Assembly 57. Car Body/Side Frames 58. Chain - Condition/Adjustment 59. Sprockets/Idlers/Rollers 60. Track Pads/Pins • 61.Travel Locks 62. Steering Cluthces 63. N/A N/A N/A N/A N/A N/A N/A N/A References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA #4, ASME B30.5, B30.10 Status: ✓= Satisfactory X = Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Inspection No.: 2406212 Reference 0- 1926 1412 0 - 1926.1423 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.601 0-1926.1412 A - B30.5-1.8.1 0 - 1926.1433 0 - 1926.1433 0 - 1926.1407 0 - 1926.1422 0 - 1926 1412 0 - 1926 1412 0- 1926 1412 0 - 1926.1412 0- 1926.1415 0-1926.1412 0- 1926.1412 A - B30.5-1.6.1 0 - 1926.1433 0- 1910.180 0- 1910.180 0 - 1910.180 0 - 1910.180 0- 1926.1415 0- 1926.1416 0 - 1926.1416 0- 1926.1416 0- 1926.1412 0 - 1926.1416 0 - 1926.1416 0 - 1926.1415 0 - 1926.1415 0 - 1926.1416 0 - 1926.1412 0 - 1926.1416 0 - 1926.1416 0- 1926.1412 0 - 1926.1433 0- 1926.1412 0 - 1926.1433 0 - 1926.1412 0 - 1926.1412 0 - 1926.1412 0- 1926.1412 0 - 1926.1412 0 - 1926.1412 0 - 1926.1412 Item Operator's Cab & Station 64. Grab Rails/Steps/Platforms 65. Anti -Skid Surface 66. Windows 67. Windshield Wipers) 68. Door Restraint 69. Fire Extinguisher 70. Mirrors 71. Seat 72. Seat Belts 73. Operator's Manual / Load Chart 74. Decals 75. Electrocution Warning Sign (Inside) 76. Hand Signal Chart 77. Swing Brake ....... ...... . 78. Positive Swing Lock 79. Control Function 80. Air Pressure 81. Foot Brakes - Latches/Linkage 82. Engine Clutch ............. 83. Accelerator/Throttle Control 84. Control Marking Load Chart 85. Per Configuration 86. Durable 87. Legible 88. Visible From Operator's Station 89.Secured 90. Safety Devicea/Operatlonai Alds 91. Horn 92. Boom Angle Indicator 93. Main Drum Rotation Indicator 94. Auxiliary Drum Rotation Indicator 95. Load Moment Indicator 96. Load Weight Indicator Wireless 97. Radius Indicator 98. Crane Level Indicator 99. Anti -Two Block Device Wirelless 100. Boom Hoist Limiting Device 101. Boom hoist Ratchet and Pawl 102. Outrigger. Stabilizer Position Sensor 103. Luffing Jib Angle Indicator Power Plant (Upper) 104. Performance 105. Exhaust System/Guards & Insulators 106. Hoses 107. Guards/Covers/Rotat. & Recip. Parts 108. Rotating Upper Structure 109. Turntable/Bearing N/A 110. Turntable/Rollers/Roller Path ✓ 111. Ring Gear/Pinion Gear ✓ 112. Hydraulic Pump(s) N/A 113. Hydraulic Hoses/Tubing/Fittings N/A 114. Hydraulic Pressure N/A 115. Electrical Wring Status J N/A Reference 0 - 1926.1412 0-1926.1412 0 - 1926.1413 0- 1926.1412 0 - 1926.1412 0 - 1926.1413 0 - 1926.1412 0 - 1926.1412 0- 1926.1413 0- 1926.1412 0 - 1926.1412 0- 1926.1412 0 - 1926.1412 0-1926.1412 0 - 1926.1412 ' 0 - 1926.1423 0- 1926.1412 0 - 1926.1412 !0-1926.1412 0- 1926.1412 0 - 1926.1433 0 - 1926.1407 ✓ ✓ 0 - 1926.1412 ✓ 0 -1926.1415 0 1926.1412 ro-1926.1412 0 - 1926.1412 ✓ 0 - 1926.1412 N/A N/A 0 1926.1412 N/A 0 - 1926.1404 N/A 0 - 1926.1404 N/A 0-1926.1412 ✓ 0-1926.1412 N/A 0- 1926.1412 ✓ .0- 1926.1413 ✓ 0 - 1926.1412 N/A 0-1926.1412 N/A 0-1926.1412 0-1926.1412 ✓ 0-1926.1412 • 0-1926.1412 • 0-1926.1412 J 0-1926.1415 0- 1926.1412 0- 1926.1413 0-1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1416 Item Rotating UpperStructure (continued) 116. Main Hoist - Clutches/Brakes 117. Main Hoist - Rope Spooling 118. Main Hoist - Minimum (2) rope wraps 119. Aux. Hoist - Clutches/Brakes 120. Aux. Hoist - Rope Spooling 121. Aux. Hoist - Minimum (2) rope wraps 122. Boom Hoist - Clutches/Brakes 123. BoomHoist - Rope Spooling 124. Boom Hoist.- Minimum (2) rope wraps 125. Boom hoist - Clutch/Pawls/Racthets 126. Swing System/Assembly 127. Hydraulic MotorsNalves/Lines/Etc. 128. Drums/Flanges 129. Clutch/Brake Protection 130. Torque Converter 131. Anti -Skid Surface { 132. Steps/Hand Holds/Platforms 133. Access to Cab and Rood 134. Air System - Compressor/Lines/Etc. l 135. Counterweight Mounting 136. Counterweight Warning Sign li 137. Electrocution Warning Sign (Outside) 138. Boom Suport System 139. Gantry/Mast 140. Boom Stops 141. Inner Bail 142 Outer Bail/Equalizer 143. Sheave(s) 144. Boom Hoist Reeving 145 Boom 146. Boom Section Identification 147. Boom Section Sequence 148. Boom Section Alignment 149. Warning Deals 150. Spreader Bar 151. Sheave(s) 152. Hoist Line Dead End 153. Wire Rope Retainer(s) 154. Boom Foot Pins/Keepers 155. Boom Head Section 156. Auxiliary Boom Head 157. Lattice Members 158. Cord Members 159. End Connections/Pins 160. Status J N/A J N/A ✓ 161.Stops N/A 162. Sheave(s) N/A 163. Wire Rope Retainer(s) N/A 164. Lattice Members N/A 165. Cord Members N/A 166. End Connections/Pins N/A 167. Luffing Jib Stops N/A 168. 0 - 1926.1413 168. Type NON ROT NON ROT Rope Application Main Hoist Drum Aux. Hoist Drum Boom Hoist RR ALT. Drum LAY Boom ._. Pendants Jib Pendants NIA 3rd DRUM References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA #4, ASME B30.5, B30.10 Status: ./= Satisfactory X = Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Wire Rope Size r Construct. Grade 1 1/8" Main Load Block & Hook Manufacturer: JOHNSON S/N: Rated Capacity: 50 TONS Weight: 1800 LBS Hook Tram Meas: Reference 0 - 1926.1433 0 - 1926.1433 0 - 1926.1412 0 - 1926.1433 A- B30.10-2. 10.5 A- 830.10-2. 10.5 A- B30.10-2. 10.5 0 - 1926.1412 0 - 1926.1412 0 - 1926.1413 0- 1926.1412 A- B30.5-2.1.3 Reference 0 - 1926.1412 A- B30.5-2.2,2 Hoisiting From: Boom 194. Core Item 169. Capacity Marking 170. Weight Marking 171. Sheave(s) 172. Safety Latches 173. 0° Hook Bend or Twist 174. 5% Hook Opening or 1/4" Max 175. 10% Hook Wear Max. 176. Swivel 177. Bearing 178. Wedge Socket/End Fitting 179. Reeving 180. NDT Results: 181. Item 193. No -Load Operational Test Boom/Jib Length Jib Results of Load Test Explanation: Status J ✓ N/A Rope Measured Damage Wear Manufacturer: N/A S/N: Rated Capacity: Weight: Hook Tram Meas: Reference 0 - 1926.1433 0- 1926.1433 0- 1926.1433 A - B30.10-2. 10.5 A- B30.10-2. 10.5 A- B30.10-2. 10.5 0-1926.1412 0-1926.1412 0-1926.1413 A- B30.5-2.1.3 Inspection No.: 2406212 Br oken Lubrication Connections Status ✓ ✓ V. ✓ ✓ J Overhaul Ball & Hook J J ✓ Item 182. Capacity Marking 183. Weight Marking 184. Safety Latches 185. 0° Hook Bend or Twist 186. 5% Hook Opening or 1/4" Max 187. 10% Hook Wear Max. 188. Swivel 1189. Bearing 190. Wedge Socket/End Fitting 191. NDT Results: 192. No -Load Operational Test Status Caution: Operation of cranes by Inspectors is limited to those crane functions necessary to accomplish the inspection. inspectors must meet operator trainee ✓ qualification requirements in ASME B30.5 and only operated under the direct supervision of a certified operator. Load Test Load Radius Boom Angle Parts of Line Rated Capacity Passed Failed Test Weight % of Rated Capacity Not Applicable Caution: Load Test shall be conducted by a qualified person. Operators must be certified through a nationally accredited and OSHA recognized certification program. Inspection No.: 2406212 Honda Crane Ins. LLC. Report The following corrective action(s) (repairs, adjustments, replacement parts, etc.) are too be performed by a qualified person in accordance with all the manufacturer's instructions, specifications, and requirements. OSHA requires that if any deficiency is identified as a safety hazard (X ), the equipment must be taken out of service until it has been corrected. If the qualifier person determines that though not presently a safety hazard, the deficiency needs to be monitored (M), the employer must ensure that the deficiency is checked in the daily & monthly inspections. Recommendations (R) should be considered for corrective action. Recommendations can also be used to identify industry accepted safety and operational enhancements. Inspector: X = Safety Hazard M = Monitor R = Recommendation JloJose E. Lopez rida Crane Inspections LLC. Corrective Action NONE. - Company Representative:MR. TONY FLORIDA C E 300 N.W. 65 Miami, Florida (305) 970 5004 Fax ( E-mail fior_ Crane ONS LLC. 2406214 Annual Certificate of Inspection p n Date Issued: 06/21/24 Expiration Date: 06 21 2025 Crane Owner: KEARNS CONSTRUCTION CORP. Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: AMERICAN Model: 9299 Configuration: MAIN BOOM 140 FT. TWO HOIS This Crane has been in following standards: OSHA Regulation 1926 PCSA #4 / ASME B30.! Inspection was perform FAO INSPECTION {ctuufa rer �nsp. #:2�(21�ii A MRCAN Model #: 9299 Unit:# 9299 Serial Number: GS-15966 CTIONS LLC ICATE FLORIDA C E ONS LLC. 300 N.W. 65 Miami, Florida (305) 970 5004 Fax ( E-mail floridacrane 2406214 Annual Certificate of Inspection Date Issued: 06/21/24 Expiration Date: 06/21/2025 Crane Owner: KEARNS CONSTRUCTION CORP. Location: PORT OF MIAMI, MIAMI, FLORIDA Manufacturer: AMERICAN Unit:# 9299 Model: 9299 Serial Number: GS-15966 Configuration: MAIN BOOM 140 FT. TWO HOIST LINES FOR PILE DRIVING This Crane has been inspected and found in compliance with the following standards: OSHA Regulation 1926 Subpart CC / 1926.601 / 1910.180 PCSA #4 / ASME B30.5 / B30.10 Inspection was performed by: ,Jo E. Lopez Crane Institute o- fAmerica Certification #17-2332 Inspection No.: 2406214 0- 1926.1412 A- B30.5-2.3.1 0 - 1926.1434 A- B30.5-2.2.2 0- 1926.1412 A- B30.5-2.1.3 0- 1926.1433 0 - 1926.601 A - B30.5-3.4.8 0 - 1926.1433 0 - 1926.1422 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926,601 0 - 1926.601 0 - 1926.1433 0-1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0- 1926.1412 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 0 - 1926.601 Florida Crane Inspectl=a5 LLC. OSHA/ASME ANNUAL/PERIODIC INSPECTION CHECKLIST Lattice Boom Crane Owner: KEARNS CONSTRUCTION Contact Person: MR. BROCK SULLIVAN Date: 06/21/2024 Location:PORT OF MIAMI, MIAMI, FLORIDA Service Status:MAIN BOOM 140 FT. Hours: 4,479.7 Make: AMERICAN Model: 9299 Serial Number:GS-15966 Unit ID: 9299 JENIE K Max. Capacity: 165 TONS Inspector: Jose E. Lopez Phone No.: 305-970-5004 References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA #4, ASME B30.5, B30.10 Status: V= Satisfactory X = Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Reference Item Historical Data 1. Monthly Inspection Records 2. Maintenance Records 3. Modification Records 4. Load Test Records 5. Annual Inspection Records 6. Sheet Metal 7. Guards/Covers 8. External Lights 9. Houskeeping 10. Safety/Warning Decals & Labels 11. Hand Signal Chart 12. 13. Driver's Cab & Station 14. Service Brake 15. Emergency Brake 16. Parking Brake N/A 17. Headlights N/A 18. Tailights N/A 19. Brake Lights N/A 20. Audible Warning Device N/A 21. Backup Audible Alarm N/A 22. Windows N/A 23. Windshield Wipers N/A 24. Defroster N/A 25. Overhead Protection N/A 26. Housekeeping N/A 27. Seat N/A 28. Seat Belts N/A Status Reference Item Status Carrier Power Plant (Lower) 34. Performance N/A 35. Exhaust System/Guards & Insulators N/A 36. Belts N/A 37. Guards/Covers/Rotat. & Recip. Parts N/A 38. Carrier J N/A N/A 0- 1926.1412 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.601 • 0 - 1926.601 J 0 - 1926.1412 • 0 - 1926.1412 • 0-1926.1412 0 - 1926.1412 0 - 1926.1423 0- 1926.1417 N/A N/A 29. Tires N/A 30. Steering Mechanism 31. Operating Controls 32. Safety Devices 33. Fire Extinguisher N/A N/A N/A N/A 0-1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1433 0-1926.1412 0 - 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 39. Transmission 40. Drive Line 41. Tires 42. Main Frame Members 43. Hydraulic Hoses/Tubing/Fittings 44. Hydraulic Fluid Level 45. Anti -Skid Surface 46. Front Bumper Counterweight 47. Outriggers 48. Boxes 49. Beams 50. Cylinders 51. Floats/Pads 52. Hydraulic Hoses/Tubes/Fittings 53. Holding Valves 54. Position Locks 55. Warning Signs 56. Cra 57. Car Body/Side Frames 58. Chain - Condition/Adjustment 59. Sprockets/Idlers/Rollers 60. Track Pads/Pins 61. Travel Locks 62. Steering Cluthces 63. N/A N/A N/A N/A N/A N/A..._. N/A N/A d N/A N/A N/A N/A N/A N/A N/A N/A References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA #4, ASME B30 5, B30.10 Status: ✓= Satisfactory X = Safety Hazard M . Monitor R = Recommendation N/A = Not Applicable Inspection No.: 2406214 Reference 0- 1926.1412 0 - 1926.1423 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.1433 0 - 1926.601 0 - 1926.1412 A - B30.5-1.8.1 O - 1926.1433 0 - 1926.1433 0 - 1926.1407 o - 1926.1422 0 - 1926.1412 0-1926.14/2 o - 1926.1412 0 - 1926.1412 0 - 1926.1415 0-1926.1412 0- 1926.1412 A - B30.5-1.6.1 0 - 1926.1433 0- 1910.180 0- 1910 180 0 - 1910 180 0 - 1910.180 0 - 1926.1415 0- 1926.1416 0- 1926.1416 0 - 1926.1416 0 - 1926.1412 0 - 1926.1416 0- 1926.1416 0 - 1926.1415 0 - 1926.1416 0 - 1926.1416 0 - 1926.1412 0 - 1926.1416 0 - 1926.1416 0 - 1926.1412 0 - 1926.1433 0 - 1926.1412 0 - 1926.1433 0 - 1926.1412 0 - 1926.1412 0- 1926.1412 0 - 1926.1412 0 - 1926.1412 0- 1926.1412 0- 1926.1412 Item Operator's Cab & Station 64. Grab Rails/Steps/Platforms 65. Anti -Skid Surface 66. Windows 67. Wndshield Wiper(s) 68. Door Restraint 69. Fire Extinguisher 70. Mirrors 71. Seat 72. Seat Belts 73. Operator's Manual 74. Decals 75. Electrocution Warning Sign (Inside) 76. Hand Signal Chart 77. Swing Brake 78. Positive Swing Lock 79. Control Function 80. Air Pressure 81. Foot Brakes - Latches/Linkage 82. Engine Clutch 83. Accelerator/Throttle Control 84, Control Marking Load Chart 85 Per Configuration 86. Durable 87. Legible 88. Visible From Operator's Station 89. Secured 90. Safety Devices/Operational Aids 91. Horn 92. Boom Angle Indicator 93. Main Drum Rotation Indicator 94. Auxiliary Drum Rotation Indicator 95. Load Moment Indicator 96. Load Weight Indicator Wireless 97. Radius Indicator 98. Crane Level Indicator 99. Anti -Two Block Device Wirelless 100. Boom Hoist Limiting Device 101. Boom hoist Ratchet and Pawl 102. Outrigger.Stabilizer Position Sensor 103. Luffing Jib Angle Indicator Power Plant (Upper) 104.Performance 105. Exhaust System/Guards & Insulators 106. Hoses 107. Guards/Covers/Rotat. & Recip. Parts 108. Rotating Upper Structure 109. Turntable/Bearing 110. Turntable/Rollers/Roller Path 111. Ring Gear/Pinion Gear 112. Hydraulic Pump(s) 113. Hydraulic Hoses/Tubing/Fittings 114. Hydraulic Pressure 115. Electrical Wiring Status ✓ J N/A Reference 0 -1926 1412 0 - 1926.1412 0 - 1926.1413 0 - 1926.1412 0-1926.1412 0 - 1926.1413 0-1926.1412 0-1926.1412 0 - 1926.1413 0-1926.1412 0 - 1926.1412 0-1926.1412 0 - 1926.1412 0- 1926.1412 0- 1926.1412 0 - 1926.1423 0 - 1926.1412 0- 1926.1412 0- 1926.1412 0- 1926.1412 Item Rotating Upper Structure (continued) 116, Main Hoist - Clutches/Brakes 117. Main Hoist - Rope Spooling 118. Main Hoist - Minimum (2) rope wraps 119. Aux. Hoist - Clutches/Brakes 120. Aux. Hoist - Rope Spooling 121. Aux. Hoist - Minimum (2) rope wraps 122. Boom Hoist - Clutches/Brakes 123. BoomHoist - Rope Spooling ✓ 124. Boom Hoist - Minimum (2) rope wraps J 125. Boom hoist - Clutch/Pawls/Racthets ✓ 126. Swing System/Assembly ✓ 127. Hydraulic MotorsNalves/Lines/Etc. N/A 128. Drums/Flanges 129. Clutch/Brake Protection ✓ 130. Torque Converter 131. Anti -Skid Surface 132. Steps/Hand Holds/Platforms 133 Access to Cab and Rood 134. Air System - Compressor/Lines/Etc. 135. Counterweight Mounting 0 - 1926.1433 136. Counterweight Warning Sign 0 - 1926.1407 137. Electrocution Waming Sign (Outside) 138. ✓ Boom Suport System J 0-1926.1412 139.Gantry/Mast ✓ 0 - 1926.1415 140. Boom Stops 0 -1926.1412 141. Inner Bail 0 - 1926.1412 142. Outer Bail/Equalizer 0 - 1926.1412 1 143, Sheave(s) 0 - 1926.1412 1144. Boom Hoist Reeving J N/A N/A .....__ _._... 0 - 1926.1412 N/A 0 - 1926.1404 N/A O - 1926.1404 N/A 0 - 1926.1412 • 0-1926.1412 N/A 0 - 1926.1412 ✓ 0 - 1926.1413 • 0- 1926.1412 N/A 0-1926.1412 N/A 0-1926.1412 0 - 1926.1412 • 0-1926.1412 ✓ 0-1926.1412 ✓ 0-1926.1412 N/A J N/A N/A N/A 0 - 1926.1415 O - 1926.1412 0- 1926,1413 0- 1926.1412 0 - 1926.1412 0-1926.1412 0 - 1926.1416 145. 146. Boom Section Identification 147. Boom Section Sequence 148. Boom Section Alignment 149. Warning Deals 150. Spreader Bar 151. Sheave(s) 152. Hoist Line Dead End 153. Wre Rope Retainer(s) 154. Boom Foot Pins/Keepers 155. Boom Head Section 156. Auxiliary Boom Head 157. Lattice Members 158. Cord Members 159. End Connections/Pins 160. Jib 161 Stops 162. Sheave(s) 163. Wire Rope Retainer(s) 164. Lattice Members 165. Cord Members 166. End Connections/Pins 167. Luffing Jib Stops 168. Status N/A N/A N/A N/A N/A N/A N/A J J 0- 1926.1413 168. Type NON ROT NON ROT Rope Application Main Hoist Drum Aux. Hoist Drum Boom Hoist Drum Boom Pendants Jib Pendants 3rd DRUM RR ALT. LAY RR LAY N/A RR LAY Manufacturer: S/N: Rated Capacity: Weight: Hook Tram Meas: Reference 0 - 1926.1433 0 - 1926.1433 0 - 1926.1412 0 - 1926.1433 A- B30.10-2. 10.5 A- B30.10-2. 10.5 A - B30.10.2. 10.5 0- 1926.1412 0- 1926.1412 0- 1926.1413 0- 1926.1412 A - B30.5-2.1.3 Reference 0 - 1926.1412 References: 0 = OSHA 1926 Subpart CC, 1926.601, 1910.180 A = PCSA#4, ASME B30.5, B30.10 Status: V= Satisfactory X= Safety Hazard M = Monitor R = Recommendation N/A = Not Applicable Size Construct. 1 1/8" 1 1/8" 1 3/8" X 2 7/8" 1/2" Main McKISSICK Wire Rope Grade NN 75 TONS 2,500 LBS Item 169. Capacity Marking 170. Weight Marking ............... 171. Sheave(s) 172. Safety Latches 173. 0° Hook Bend or Twist 174. 5% Hook Opening or 1/4" Max 175. 10% Hook Wear Max. 176. Swivel 177. Bearing 178. Wedge Socket/End Fitting 179. Reeving 180. NDT Results: 181. Item 193. No -Load Operational Test A- B30.5-2.2,2 194. Hoisiting From: Boom/Jib Length Boom Jib Results of Load Test Explanation: Load Radius Status J ✓ ✓ ✓. ./. ✓ ✓ N/A Rope Damage Manufacturer: S/N: Rated Capacity: Measured Broken Wear Wires Inspection No.: 2406214 Lubrication ✓ r ✓ ✓ ✓ J N/A End Connections J Status Overhaul BAITS Hoak' m,ii Weight: Hook Tram Meas: Reference O - 1926.1433 0 - 1926.1433 0- 1926.1433 A - B30.10-2. 10.5 A - B30.10-2. 10.5 A - B30.10-2. 10.5 0- 1926.1412 0-1926.1412 0 - 1926.1413 A- B30.5-2.1.3 No -Load Operational Test Status Caution: Operation of cranes by Inspectors is limited to those crane functions necessary to accomplish the inspection. inspectors must meet operator trainee ✓ qualification requirements in ASME B30.5 and only operated under the direct supervision of a certified operator. Item 182. Capacity Marking 183. Weight Marking 184. Safety Latches Status 185. 0° Hook Bend or Twist 186. 5% Hook Opening or 1/4" Max 187. 10% Hook Wear Max. 188. Swivel 190. Wedge Socket/End Fitting 191. NDT Results: 192. Load Test Boom Angle Passed Parts of Line Rated Capacity Failed Test Weight % of Rated Capacity Not Applicable Caution: Load Test shall be conducted by a qualified person. Operators must be certified through a nationally accredited and OSHA recognized certification program. Inspection No.: 2406214 Florida Crane Inspections LLC. Report The following corrective action(s) (repairs, adjustments, replacement parts, etc.) are too be performed by a qualified person in accordance with all the manufacturer's instructions, specifications, and requirements. OSHA requires that if any deficiency is identified as a safety hazard (X ), the equipment must be taken out of service until it has been corrected. If the qualifier person determines that though not presently a safety hazard, the deficiency needs to be monitored (M), the employer must ensure that the deficiency is checked in the daily & monthly inspections. Recommendations (R) should be considered for corrective action. Recommendations can also be used to identify industry accepted safety and operational enhancements. Inspector: X = Safety Hazard M = Monitor R = Recommendation Jose E. Lopez lorida Crane Inspections LLC. Company Representative:MR. TONY KEARNS CONSTRUCTION CO • CGC 060194 Past and Current Litigation Kearns Construction Company has been involved in litigation over the years. Most of the litigation has involved the collections of Kearns Construction Company's completed projects. The following is a summary of Kearns' litigation history: CASE NAME Kearns Construction Company v. Superior DeMoya CASE NUMBER N/A DATE JANUARY 2024 DESCRIPTION DeMoya (Prime) has not paid Kearns (sub) the full amount invoiced for work performed at the Sanibel Bridge Project. There is a dispute over $250,000 owed to Kearns. SETTLEMENT Pending. CASE NAME Charles Pinner & Tiffany Bell v. Kearns Construction Company CASE NUMBER Claim #W2A71531-JS DATE September 12, 2022 DESCRIPTION Charles Pinner (driver) and Tiffany Bell (passenger) were involved in a minor fender bender with a Kearn Construction Company vehicle. Kearns Construction Company's employee, while driving a company vehicle, struck the vehicle that Mr. Pinner was driving at a stop sign. Mr. Pinner and Ms. Bell allegedly suffered injuries days later because of the accident. A claim was made against Kearns Construction company for injuries. SETTLEMENT/DETERMINATION Insurance carrier closed case with payment of $1,000,796.23. CASE NAME Kearns Construction Company v. City of Miami Beach CASE NUMBER Filing #122795878 DATE March 09, 2021 DESCRIPTION Kearns Construction Company is a plaintiff against the City of Miami Beach. Kearns Construction Company built a new floating dock, modified an existing seawall, and added sidewalks at Maurice Gibbs Park. The City of Miami Beach terminated their original engineer and never secured City permits for the upland work. The work performed by Kearns Construction Company was accepted by the City of Miami Beach. The City of Miami Beach has only paid 75% of the base contract and no change orders. Most of 2550 S. BAYSHORE DRIVE, suite 206B • MIAMI, FLORIDA 33133 • TEL: 305- 46 1- 0310 • FAX: 305-461-1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO • CGC 060194 the change order items are City design errors. The City of Miami Beach refuses to pay for their design mistakes. The City has offered to pay for the base contract with no change orders. Kearns Construction Company did not accept the City of Miami Beach's initial offer. SETTLEMENT/DETERMINATION The City of Miami Beach has settled with Kearns Construction. The City of Miami Beach paid 100% of the base contract and 80% of the change order amount to Kearns Construction Company. CASE NAME Emilio Vieyra v. Kearns Construction Company CASE NUMBER Case #2020-010673-CA-01 File #6061 OJCC Case #20-000662KF0 CNA #M1A13614 DATE November 11, 2019 DESCRIPTION Emilio Vieyra placed his hand under a large metal vibrator hammer. The crane rigging rotated, and Emilio's hand was pinched under the metal hammer (broken fingers and soft tissue damage). Emilio has filed a worker's compensation claim for his injury. Emilio continues to work for Kearns Construction Company. He has been promoted, given bonuses, raises and a company truck. SETTLEMENT/DETERMINATION Ongoing. CASE NAME Kearns Construction Company v. G G Weaver LLC CASE NUMBER Case #20-CC-000160-K DATE August 03, 2019 DESCRIPTION Kearns Construction Company has filed a complaint against the motor yacht, "Goin Galt". In the Summer of 2019, the 85' high speed motor yacht created a 5' wave in Key West Harbor. The wake from the motor yacht "Goin Galt" bent the $25,000 steel spud. Boat operators are responsible for their wake under maritime law. This complaint seeks to recover the replacement cost of the bent spud. SETTLEMENT/DETERMINATION Settled. 2550 S. BAYSHORE DRIVE, suite 206B • MIAMI, FLORIDA 33133 • TEL: 305- 46 1- 0310 • FAX: 305-461-1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO • CGC 060194 CASE NAME Kearns Construction Company v. Jones Superyacht Miami, Inc. CASE NUMBER Case #2019-023712-CA-01 DATE March 26, 2019 DESCRIPTION Kearns Construction Company is the plaintiff in a lawsuit against Jones Boat Yard on the Miami River. In summary, Kearns Construction Company hired and paid Jones Boat Yard $150,000 to sandblast and paint their Davis Barge (120' x 45'). Jones Boat Yard used the wrong sandblast materials, and their paint work was incomplete. Jones Boat Yard launched the barge with over 100 areas of exposed raw steel into the salt water. Immediately, the barge began to rust. Kearns Construction Company has filed a complaint to recover the money paid for the faulty paint work. SETTLEMENT/DETERMINATION Ongoing. CASE NAME Albelo, Yenell v. Kearns Construction Company CASE NUMBER OJCC #18-009297MGK Claim #555-257570-001 File #FL WF-05501 DATE April 10, 2018 DESCRIPTION Yenell Albelo filed a worker's compensation claim against Kearns Construction Company. On April 10, 2018, in the first hour of working, Mr. Albelo bent over and allegedly hurt his back. Mr. Albelo did not report the alleged accident to anyone for one week. Kearns Construction Company has multiple witnesses that saw Mr. Albelo pick-up his belongings and walked to his car without any sings of injury. One week later, Mr. Albelo informed Kearns Construction Company of his alleged injury. During discovery, it was learned that Mr. Albelo had two prior worker's compensation claims. Also, he was the only City of Miami police officer to be fired in the last five years for questionable conduct. SETTLEMENT/DETERMINATION This claim has been settled by the insurance carrier. 2550 S. BAYSHORE DRIVE, suite 206B • MIAMI, FLORIDA 33133 • TEL: 305- 46 1- 0310 • FAX: 305-461-1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO • CGC 060194 CASE NAME Puerto, Jose R v. Kearns Construction Company CASE NUMBER Case #16-011239 CA 30 Legal File #1151309082 CNA Claim #M1A02649-Bayard DATE May 28, 2014 DESCRIPTION On May 21, 2014, Kearns Construction Company removed and replaced greenheart piles at Crandon Marina. One week later, Jose R. Puerto's 32' power boat sank. Mr. Puerto did not have insurance as required and sued Kearns Construction Company for his sunken boat. During investigation it was learned that Mr. Puerto's boat had a major leak. The bilge pump was required to keep the boat afloat. The boat's battery and charger were needed to keep the boat from sinking. A few days prior to the sinking, it rained five inches in two days. SETTLEMENT/DETERMINATION Insurance paid $15,000 to settle this case. CASE NAME Ramsinghani, Raj v. Kearns Construction Company CASE NUMBER Case #14-002032 CA 01 Claim File #M1A01941 DATE June 26, 2009 DESCRIPTION Kearns Construction Company replaced the 75-year-old seawall with a new sheet pile seawall. The prime contractor on this project was EnviroWaste. The new seawall work occurred at the City of Miami Beach's Park on Sunset Island No. 4. The neighbor to the west claimed that KCC caused his 75-year-old seawall to move. The DERM's as -built photos from BEFORE the start of construction shows that the neighbor's seawall had failed prior to KCC starting work. Second, the year before KCC started work, the neighbor asked for a new seawall proposal from Dock and Marine Construction. Third, the neighbor cut and removed the seawall tie backs when he installed his new pool next to his seawall. This pool work was done without a City of Miami Beach permit. Fourth, the neighbor has never done any permitted repair work to his dock or seawall. The neighbor wanted a new pool, seawall, planters, and landscaping at no cost. SETTLEMENT/DETERMINATION Insurance company settled for approximately $28,000. 2550 S. BAYSHORE DRIVE, suite 206B • MIAMI, FLORIDA 33133 • TEL: 305- 46 1- 0310 • FAX: 305-461-1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO • CGC 060194 Prior to August 2012, Kearns Construction Company filed three lawsuits to collect final payment on completed projects. The following are a summary of these cases: Description: Amount: Resolution: Kearns Construction VS River Oaks Condo $15,000 Kearns collects. Final Payment Collection full and final payment Kearns Construction VS Residences of Vizcaya Condo $60,000 Kearns collects. Final Payment Collection full and final payment Kearns Construction VS Camp Biscayne Homeowners $20,000 Kearns collects. Final Payment Collection full and final payment In addition to the above, Kearns Construction Company was once sued by Leno Dredging and Hauling's employee, Willey Kirkland. Kearns Construction Company hired Leno Dredging and Hauling to provide trucking service. Leno Dredging and Hauling provided a fraudulent certificate of insurance to Kearns Construction Company. At the end of the job and off the construction site, Willey Kirkland started a fist fight with another Leno Dredging and Hauling employee. During mediation, it was discovered that Wiley Kirkland had prior worker compensation claims, prior cocaine arrests, indecent exposure arrest and a prior medical condition for which he was now claiming. The Willey Kirkland claim was settled for $5,000 (nuisance). 2550 S. BAYSHORE DRIVE, suite 206B • MIAMI, FLORIDA 33133 • TEL: 305- 46 1- 0310 • FAX: 305-461-1892 www.kearnsconstruction.com ANNIE PEREZ, CPPO Director of Procurement August 27, 2024 Mr. John Kearns Kearns Construction Company 2550 S. Bayshore Drive, Ste 206B Miami, FL 33133 ARTHUR NORIEGA V City Manager SENT VIA EMAIL jkearns@kearnsconstruction.com RE: LETTER FOR ADDITIONAL INFORMATION — INVITATION FOR BID ("IFB") NO. 1834386, PRE - QUALIFIED POOL OF VENDORS FOR THE REMOVAL OF DERELICT VESSELS Dear Mr. Kearns, The City of Miami's Procurement Department ("Procurement") is in the process of evaluating the bid submitted by Kearns Construction Company, ("Kearns") in response to IFB No. 1834386, for a Pre -Qualified Pool of Vendors for the Removal of Derelict Vessels. Our initial review has revealed that additional information is required in order to determine if Kearns' Bid is responsive to the requirements of the IFB. Pursuant to Section 2.7, Bidder's Minimum Qualifications, Item number 5 of the IFB which reads in part: 5. Have an Occupational Safety and Health Administration ("OSHA") compliant commercial dive team required for debris and vessel removal. Copy of certificate must be provided for all team members. Kearns provided the required commercial dive team certificates for each of its proposed divers; however, all the certificates submitted were all expired (attached for reference). Please provide valid copies of the certificate for the following team members: 1. Pavel Morejon, Association of Diving Contractors International, Cert #: 14250, expired 02/06/2020; 2. Mario J. Rodriguez Barrera, ACUC International, ICUC # BC0050, expired 11/05/2022, Association of Diving Contractors, Cert #: 12488, expired 12/06/2019; 3. Alexander Cardoso, TDI, Cert#: 744646, expired 08/30/2016, FVAS, expired 09/2020 Certificado de Buseo, expired 05/28/2018; 4. Randall Ferret, Association of Commercial Diving Educators, Cert#: 0607, date 04/98. Please submit updated certifications for the above dive team members to the attention of Ms. Teresa Soto, via email tsoto@miamigov.com or via fax to 305-400-5024, by no later than Friday, August 30, 2024, at 5:00 PM. Failure to respond by the required deadline may constitute grounds for deeming your bid as non- responsive. Please sign and date below to certify your response above: JOHN KEARNS Print Name CFO Signature 08/30/2024 Title Date Sinc; rely, Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement AP:ts LEARNS CONSTRUCTION CO • CGC 060194 August 30, 2024 Teresa Soto City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Subject: Additional Information Requested for IFB NO. 1834386, Pre -qualified Pool of Vendors for the Removal of Derelict Vessels Teresa, For your use, please see attached the requested diving certifications for our commercial divers. Should you require additional information, please do not hesitate to contact this office. Kind Regards, John W. Kearns III Chief Financial Officer Kearns Construction Company 2550 S. BAYSHORE DRIVE, suite 206B • MIAMI, FLORIDA 33133 • TEL: 305- 46 1- 0310 • FAX: 305-461-1892 www.kearnsconstruction.com Randall Ferret Association of Commercial Diving Educators, Commercial Diver (No rExpiration) lili�ilLidla err I % Commercial Div►r.i, 1 'ucatoi s COMMERCIAL DIVER ACC:: Training School Cate Cer lip-. r•: .,IL''.r• 1 , f,i"4i711.1'i Vic: riE EASTFjtt rrf-ABOAKI) .. Liz-,' , • c,ommerc:40 Direr `l ralrung - ldahlrr•em Sl W 2rti Nan -trans ferrable if found, please -atum to: 13,c0 ACDE NATIONAL OFFICE ' ;)N t C,O S.ANTA BAIA 4RA CITY COLLEGES r r' r.LJFF t)FI'Vt: S:.1 r'L FIARRAFI.. L:E. _ ; I09 Divers Acad of the Eastern Seaboard, Inc. No Expiration) 1) VI RS ACADEMY • tAST'FRN STAttoAR i,t, febe _.-i AA.. s.4-* `,.,. o.+Cl w.w.+.�. .r<.. (/ Y `rIY a'rY b . ,/ .. ..ri A......-....._ • F' CUT T i T CAT OT i ..firr � .,.. aYg reihndowll I. WI u►+ d +Mel. l►4 111.4 .ircde/Whim NOT TO DT ,ao-...miw rWwWW, -f...w 01114.00 ..r.. WOO IOW owl* . OW win II limi Ism --- a▪ s• en - r.M.*. idiv.. 0 - • Mr -r!! asp 1.61..► .r Taro ...u.►a. Vim• f/M r 6.66161.1 ilk woo WW1.. Alexander Cardozo Castillo IANTD - O . en Water Diver (No Expiration ><+lexander Cardozo !!ANTO DIVER # 210820 Cent. Date. 11 July 2020 This dryer rs gwltfied a. the level of - OPEN WATER DIVER. r• aVM ttti 4HSN TRAINER: Leonardo Llaneza FIACILITY IANTD US LEDCATIUN: MIAMI, Urutrd SUtr♦ ♦ SDI / TDI / ERDI — Nitrox Diver (No Expiration) SDI r E L ati SCSI. TDI ERDI C]lvr..r ['vi1ITIrir, ,rc,i1 Ver111ca1rr i CINer #_ 7,4464E Dafg` 2O16•08.30 ALEXAN DER CARDOZO Qualified II- the use al. 22% to I rite jt to a 1Traxlr'nUrrF tlepttt of 13U fswi.tD Nitrox diver Luca( loft: MI er .I InSL' LtoharUaLlaneza Member*: 1r155U EUf/ISQ l9661 CerUf1rt1 I wiww_txidsd.1.carn 201 -t-2 1 This letter is co verify that ALEXAADEf CAR IDOZO (Diver NU r: 744646) has successfully completed the course requirements for: Nitrox Diver OnT 31)16-08-20 The irsstructorwas Leonardo Lianeza, Member Number: 16550 at the location: IMAiamr, 11 you have any questions, please contact SDI / TL)I ! ERN World HQ at +1-247-729-4201 or +1-8 S- 77€ -'9073 or by e-mail at worldhq tdisdi.com, Thank you, SDI 1 TO/ f ERDI World Headquarters International Training SDI or TDI J ERDI vw,rw,tdisdi,carn Mario Rodriguez Barrera ACUC International — Commercial Diver (No Expiration) • ACUC INTERNATIONAL I -- + taf�tA�►tr� Ci LCEI�ItB>U is wow. • 11r lipiormam - mzr MARIO J RODRIGUEZ BARRERA ALE',: -- BC. SUMINISTRO A SUPERFICIE BC0050 22/11105 2987MA Aquatech Scuba Academy — Rescue Diver & Dee SCUBA DIVING INTERNATIONAL ADVANCED Id Development Program www.tdisdi.com Mario Barrera Dover r+s6t65: ?Ot? Mai completed the course tequrrerne rating or Rescue Diver Aquatech Scuba Academy rriaraini Batangas Philippines RSTC / EUF Member www tdisdicorn Diver No Expiration DIVP p� MEP SCRUB DIVING fIv III A DVA N C E D INTERNATIONAL M 111i F Id Prog rea ment www_tdisdi.com Mario Barrera Deep Diver Aquatech Scuba Academt, RSTC EUF Member wwe tdtsdi crr TDI Certified Diver — Extended Range Diver (No Expiration) Mario Barrera 0irw r AlT625 71,1 Extended Range Drvcr Aquatech Scuba Academy M n. {atargas ►fii��pp nsa RStC EUF Member 'wvw td+1,6' came O Pavel Morejon ACUC — Commercial Diver (No Expiration) i CanM1er�iYc This is to certify that PAV EL F. 1110REJON a11ARTINEZ has sr ccesstully completed the requiremet cr for the international rating of omercit liiz.sr 2411t7vA Specialty Diver In the specialty of Randall Ferret Association of Commercial Diving Educators, Commercial Diver (No rExpiration) lili�ilLidla err I % Commercial Div►r.i, 1 'ucatoi s COMMERCIAL DIVER ACC:: Training School Cate Cer lip-. r•: .,IL'°.r• 1 , f,i"4i711.1'i Vic: riE EASTFjtt rrf-ABOAKI) .. 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Date. 11 July 2020 This dryer rs gwltfied a. the level of - OPEN WATER DIVER. r• aVM ttti 4HSN TRAINER: Leonardo Llaneza FIACILITY IANTD US LEDCATIUN: MIAMI, Urutrd SUtr♦ ♦ SDI / TDI / ERDI — Nitrox Diver (No Expiration) SDI r E L ati SCSI. TDI ERDI C]lvr..r ['vi1ITIrir, ,rc,i1 Ver111ca1rr i CINer #_ 7,4464E Dafg` 2O16•08.30 ALEXAN DER CARDOZO Qualified II- the use al. 22% to I rite jt to a 1Traxlr'nUrrF tlepttt of 13U fswi.tD Nitrox diver Luca( loft: MI er .I InSL' LtoharUaLlaneza Member*: 1r155U EUf/ISQ l9661 CerUf1rt1 I wiww_txidsd.1.carn 201 -t-2 1 This letter is co verify that ALEXAADEf CAR IDOZO (Diver NU r: 744646) has successfully completed the course requirements for: Nitrox Diver OnT 31)16-08-20 The irsstructorwas Leonardo Lianeza, Member Number: 16550 at the location: IMAiamr, 11 you have any questions, please contact SDI / TL)I ! ERN World HQ at +1-247-729-4201 or +1-8 S- 77€ -'9073 or by e-mail at worldhq tdisdi.com, Thank you, SDI 1 TO/ f ERDI World Headquarters International Training SDI or TDI J ERDI vw,rw,tdisdi,carn Mario Rodriguez Barrera ACUC International — Commercial Diver (No Expiration) • ACUC INTERNATIONAL I -- + taf�tA�►tr� Ci LCEI�ItB>U is wow. • 11r lipiormam - mzr MARIO J RODRIGUEZ BARRERA ALE',: -- BC. SUMINISTRO A SUPERFICIE BC0050 22/11105 2987MA Aquatech Scuba Academy — Rescue Diver & Dee SCUBA DIVING INTERNATIONAL ADVANCED Id Development Program www.tdisdi.com Mario Barrera Dover r+s6t65: ?Ot? Mai completed the course tequrrerne rating or Rescue Diver Aquatech Scuba Academy rriaraini Batangas Philippines RSTC / EUF Member www tdisdicorn Diver No Expiration DIVP p� MEP SCRUB DIVING fIv III A DVA N C E D INTERNATIONAL M 111i F Id Prog rea ment www_tdisdi.com Mario Barrera Deep Diver Aquatech Scuba Academt, RSTC EUF Member wwe tdtsdi crr TDI Certified Diver — Extended Range Diver (No Expiration) Mario Barrera 0irw r AlT625 71,1 Extended Range Drvcr Aquatech Scuba Academy M n. {atargas ►fii��pp nsa RStC EUF Member 'wvw td+1,6' came O Pavel Morejon ACUC — Commercial Diver (No Expiration) i CanM1er�iYc This is to certify that PAV EL F. 1110REJON a11ARTINEZ has sr ccesstully completed the requiremet cr for the international rating of omercit liiz.sr 2411t7vA Specialty Diver In the specialty of City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2ndAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.c IFB Number: Title: Issue Date/Time: IFB Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 1834386 Pre -Qualified Pool of Vendors for the Removal of Derelict Vessels 10-JUL-2024 @ 9:00 A.M. 13-AUG-2024 @ 3:00 P.M. Voluntary 26-JUL-2024 @ 10:00 A.M. Virtual Via Microsoft TEAMS 02-AUG-2024 @ 5:00 P.M. Soto, Teresa TSoto@miamigov.com (305) 400-5024 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: BIDDER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Federal Employee Identification Number ("FEIN"): Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/24). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, of has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 1: Name of Contact Person, Telephone Number, and Email for above Reference No. 1: Reference No.1: Date of Contract or Sale for above Reference No. 1: Reference No. 2: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 2: Name of Contact Person, Telephone Number, and Email for above Reference No. 2: Reference No. 2: Date of Contract or Sale for above Reference No. 2: Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 3: Name of Contact Person, Telephone number, and Email for above Referenced No. 3: Reference No. 3: Date of Contract or Sale for above Referenced No. 3: Invitation for Bid (IFB) Table of Contents Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE -BID CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. METHOD OF AWARD 2.6. CONDITIONS FOR RENEWAL 2.7. BIDDER'S MINIMUM QUALIFICATIONS 2.8. STRUCTURE OF POOL OF VENDORS 2.9. SPOT MARKET PRICING PROCEDURE 2.10. REFERENCES 2.11. INSURANCE REQUIREMENTS 2.12. CURES 2.13. SUBMISSION AND RECEIPT OF BIDS 2.14. GROUP I -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION (b) LOCAL PREFERENCE (c) COMPLIANCE WITH THE DAVIS-BACON ACT (d) COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT (e) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS (f) EQUAL EMPLOYMENT OPPORTUNITY (g) CLEAN AIR ACT (h) FEDERAL WATER POLLUTION CONTROL ACT (i) NO OBLIGATION BY FEDERAL GOVERNMENT (j) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (k) BYRD ANTI -LOBBYING AMENDMENT, 31. U.S.C. § 1352 (AS AMENDED) (1) PROCUREMENT OF RECOVERED MATERIALS (m) DHS, SEAL, LOGO, AND FLAGS (n) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS (o) ACCESS TO RECORDS (p) SUSPENSION AND DEBARMENT (q) PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES (r) DOMESTIC PREFERENCE FOR PROCUREMENTS (s) AFFIRMATIVE SOCIOECONOMIC STEPS (t) LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS 2.15. GROUP II -NON -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION (b) LOCAL OFFICE PREFERENCE (c) LIVING WAGE ORDINANCE 2.16. TIE BIDS Invitation for Bid (IFB) 2.17. NON -APPROPRIATION OF FUNDS 2.18. EQUITABLE ADJUSTMENT 2.19. INVOICING 2.20. PROJECT MANAGER 2.21. DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.22. RESPONSE TIME 2.23. SAFETY MEASURES 2.24. PUBLIC SAFETY 2.25. METHOD OF PAYMENT 2.26. ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS 2.27. FAILURE TO PERFORM 2.28. DELAYS 2.29. FORCE MAJEURE 2.30. LIQUIDATED DAMAGES 2.31. PUBLIC ENTITY CRIMES 2.32. E-VERIFY EMPLOYMENT VERIFICATION 2.33. PRIMARY CLIENT 2.34. TERMINATION 2.35. ADDITIONAL TERMS AND CONDITIONS 2.36. BID BOND AND PERFORMANCE BOND 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) IMPORTANT NOTICE TO BIDDERS • BID BOND AND/OR PERFORMANCE BOND IS NOT REQUIRED FOR THIS IFB. • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION SECTION AND CERTIFICATION STATEMENT WILL RENDER YOUR BID NON -RESPONSIVE. • FAILURE TO SIGN AND UPLOAD ATTACHMENT C - CERTIFICATION REGARDING LOBBYING WILL RENDER YOUR BID NON -RESPONSIVE. • ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT. NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH. SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED, SPLIT IN MULTIPLE FILES. • FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES, PLEASE CONTACT THE VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR GO TO SUPPORT.BIDSYNC.COM, OR EMAIL BIDSYNC AT SUPPORT@BIDSYNC.COM. Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an estimated aggregate cost of $25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are Invitation for Bid (IFB) attached in the Documents Section of BidSync. 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Invitation for Bid (IFB) Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidders may be found non -responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be a Purchase Order, Notice of Award, and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred eighty (180) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur if the City and the Successful Bidder/Contractor are in mutual agreement on such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that the Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. Invitation for Bid (IFB) 1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13. BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the BidSync Electronic Bidding System. 1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in aspecification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized Invitation for Bid (IFB) capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered, including, but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B, Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. FL National Forest Products Association (NFPA), as applicable to this Formal Solicitation. L City Procurement Ordinance, City Code Section 18, Article III. Invitation for Bid (IFB) J. Conflict of Interest, City Code Section 2-611;61. K Cone of Silence, City Code Section 18-74. L The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staff. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same. Invitation for Bid (IFB) 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third party before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is Invitation for Bid (IFB) probable cause for debarment, pending the debarment determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: 1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative ofnon-responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide Invitation for Bid (IFB) goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work; may not submit response on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder/Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated. Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/Contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may Invitation for Bid (IFB) deem a Bid non -responsive. B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2) The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in making the award. 3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Invitation for Bid (IFB) Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES - A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination from Consideration. 1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or failed to deliver on time, under contracts of a similar nature. 3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107) or is currently Invitation for Bid (IFB) debarred by the State of Florida or any political subdivision or is on the convicted vendor's list per Section 287.133, Florida Statutes. 1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, Invitation for Bid (IFB) who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions ofthe City of Miami Living Wage Ordinance Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way, the expressed terms and conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless ofthe form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. Invitation for Bid (IFB) 1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. Invitation for Bid (IFB) 1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID - Bids received by the City, pursuant to a Formal Solicitation, will not be made available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305- 416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non - local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned Invitation for Bid (IFB) responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re -procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORUTNITY, AND AMERICANS WITH DISABILITIES ACT - Successful Bidder/Proposer/Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Bidder/Proposer/Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Invitation for Bid (IFB) Bidder/Proposer/Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder/Proposer/Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Proposer/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Proposer/Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 1.56.NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non- Invitation for Bid (IFB) responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City, and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print type or manually enter all required information, sign, and upload the Certification Statement. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a Invitation for Bid (IFB) discrepancy between the unit price and extended price, the unit price will prevail. C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents for future reference. E. All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having any erasures or corrections must be initialed in ink by person signing the Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person, or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66. PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (2%), 20 days effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash Invitation for Bid (IFB) discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. 1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70. PUBLIC RECORDS - Successful Bidder/Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. Invitation for Bid (IFB) B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.72. QUALITY OF WORK/SERVICES - The work/services performed shall be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as otherwise specified in the Formal Solicitation. 1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. Invitation for Bid (IFB) B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such parry's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. (1) Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non -responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. Invitation for Bid (IFB) c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day, which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b)Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right of protest. Any actual bidder or proposer who has been standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to Invitation for Bid (IFB) submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Invitation for Bid (IFB) e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such parry's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. (d) Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (9 Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16) Invitation for Bid (IFB) 1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the property of the City. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, services, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the Bid. 1.80. SUBMISSION AND RECEIPT OF BIDS - Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidSync, prior to the Bid submittal deadline, shall be accepted as a timely submittal and anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. Invitation for Bid (IFB) 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely by the Bidder. 1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable law. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that Invitation for Bid (IFB) qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. Invitation for Bid (IFB) 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a pool contract ("Pool"), which will be used for Federally Funded and Non -Federally Funded projects, for the removal of derelict vessels, on an as needed basis, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Friday, July 26, 2024 at 10:00 A.M. via Teams Join the meeting now or via phone +1 786-598-2961, ID: 593 020 970#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Bid, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, which will be distributed through BidSync, following the Pre -Bid Conference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be electronically via the BidSync Electronic Bidding System. All questions must be received no later than Friday, August 2, 2024 at 5:00 P.M. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for one (1) additional three (3) year period, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. METHOD OF AWARD Award of this Contract will be made to all responsive and responsible Bidders who meet or exceed the minimum requirements set forth in this solicitation. Awarded Bidders will be placed in a pre -qualified pool of vendors' list. The list will be utilized by the City to obtain spot market quotations to procure services necessary for the mobilization, removal, and disposal of derelict vessels, on an as needed basis, located within the City of Miami water basin, for Group I -Federally Funded Projects or Group II -Non - Federally Funded Projects. At the sole discretion of the City, additional vendors may be added to the list at any time to maintain sufficient names and to ensure competition. The vendor seeking pre -qualification on the list shall be required to meet the minimum requirements. The City reserves the right to increase the number of Invitation for Bid (IFB) vendors as it deems in its best interest so as to obtain the most competitive rates at time of need. 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.7. BIDDER'S MINIMUM QUALIFICATIONS Bids will only be considered from firms that are regularly engaged in the business of providing continuous services for a minimum of five (5) years, as described in this Bid. The Bidder(s) shall: 1. Be fully licensed to perform the work described herein; 2. Submit Certificate of Compliance with U.S. Coast Guard for tugs over twenty-six (26') feet (ft.) (if applicable); 3. Have and submit U.S. Longshoremen & Harbor Workers insurance coverage; 4. Have and submit a yearly inspection certification for all cranes; 5. Have an Occupational Safey and Health Administration ("OSHA") compliant commercial dive team required for debris and vessel removal. Copy of certificate must be provided for all team members; 6. Have the same Federal Employee Identification Number ("FEIN") for the last five (5) consecutive years; 7. Submit signed Certification Statement and Certification Section; 8. Submit three (3) references, in the Certification Section, evidencing the minimum five (5) consecutive years' experience in the removal of derelict vessels. The Bidder may only use one (1) department as a reference from each entity. This is reflected in the Certification section of this Solicitation; 9. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities or a moral turpitude, and shall not have conflicts of interest with the City; and 10. Not have any member, principal, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. Notes: 1. Copies of all licenses, Certificate of Compliance with U.S. Coast Guard (if applicable), yearly inspection certification for all cranes, U.S. Longshoremen & Harbor Workers insurance coverage, OSHA certificate for dive team, Certification Section, Certification Statement with references, as listed above, for your firm, shall be submitted with your bid; and; 2. Failure to submit all the above documentation shall render your bid non -responsive. Invitation for Bid (IFB) 2.8. STRUCTURE OF POOL OF VENDORS It is the City's intention to create a Pool of Successful Pre -Qualified Bidders to be available to provide requested services in this Solicitation on an emergency basis, and as needed basis. The pool will have as many members as they may qualify. The City may periodically add Pool members and/or categories. The addition of new members and/or categories may be added to the pool at any time to maintain sufficient participation and to ensure competition. The vendors seeking pre -qualification in the Pool shall be required to meet the minimum qualification requirements established in Section 2.7, Bidder's Minimum Qualifications. At the City's discretion, members may be terminated from the Pool for lack of participation, which shall include failure over a reasonable time to bid on Spot Market Quote Requests ("Quotes") offered through the Pool, poor performance in executing a quote, being in arrears in obligations to the City, and any other reason specified by City policies and/or procedures. Pre -Qualified Bidders shall maintain the qualifications of the firm and proposed personnel at a standard consistent and equivalent to the qualification submissions submitted in response to this IFB. 2.9. SPOT MARKET PRICING PROCEDURE Successful Pre -Qualified Bidders will participate in subsequent spot market quotations as required by the City, for the removal of derelict vessels, on an emergency basis, and as needed basis. Spot market pricing procedures may be initiated by the Department of Procurement ("Procurement"). In general, written spot market quotes will be gathered from all vetted Pre -Qualified Bidders for the removal of derelict vessels on an emergency, and as needed basis. Spot market quotations will include specifications, Group I or Group II, and any terms and conditions specific to the service requested. All Bidders that submit a spot market quote must abide by the deadlines stated in the quote request. The City reserves the right to verify the information submitted by the Bidders and to obtain and evaluate additional information, as it is deemed necessary, to ascertain the Bidders' conformance to the minimum requirements. 2.10. REFERENCES Each bid must be accompanied by three (3) past performance references for whom the Bidder has provided these services to within the last five (5) years in the Certification Section of this solicitation. References provided shall include the name of the company, dates of contract, description of services, a contact person, the telephone number, and email. The Bidder may only use one (1) department as a reference from each entity. This is reflected in the Certifications Section of this Solicitation. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.11. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials and employees, indemnify, Invitation for Bid (IFB) save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s) shall require all subcontractor agreements to include a provision that each subcontractor will indemnify the City in substantially the same language as this Section. The Successful Bidder(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder(s)'s actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). Refer to Insurance Addendum for insurance definitions, requirements, and conditions. The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation Limits of Liability Statutory — State of Florida USL&H Included Waiver of Subrogation Invitation for Bid (IFB) Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit (2) Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence: General Aggregate Limit: Products/Completed Operations: Personal and Advertising Injury: (3) B. Endorsements Required: City of Miami included as an additional insured Contingent Liability & Contractual Premises/Operations Liability Primary Insurance Clause Endorsement Business Automobile Liability (If Applicable) A. Limits of Liability Bodily Injury and Property Damage Liability Combined single limits Any Auto, Owned, or Scheduled Autos Including Hired, Borrowed or Non -owned Autos Any One Accident B. Endorsements Required: City of Miami included as an Additional Insured (4) Protection and Indemnity Liability A. Limits of Liability Each Occurrence/Aggregate Limit Jones Act Included $1,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Invitation for Bid (IFB) (5) Bumbershoot Liability/Excess P&I Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 Aggregate $1,000,000 City of Miami listed as an additional insured (6) Pollution Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as an additional insured The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder(s). All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days' written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder(s) of their liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder(s) shall be responsible for submitting new or renewed insurance certificates to the City at a minimum often (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the Contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. Invitation for Bid (IFB) (2) The City may, at its sole discretion, terminate this Contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder(s) shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder(s). 2.12. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 2.13. SUBMISSION AND RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.14. GROUP I - FEDERALLY FUNDED PROJECTS (a) INTRODUCTION This section applies to all projects funded with Federal dollars. (b) LOCAL OFFICE PREFERENCE Local Office Preference in Section 1.48 of the General Terms and Conditions of this IFB does not apply to this Section. (c) COMPLIANCE WITH THE DAVIS-BACON ACT 1. All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141— 3144, and 3146 — 3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractors shall comply with 40 U.S.C. 3141 — 3144, and 3146 — 3148 and the requirements of 29 C.F.R. pt. 5 as applicable. 2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. 3. Additionally, contractors are required to pay wages not less than once a week. (d) COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT 1. The contractor shall comply with 18 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. The contractor or subcontractor shall insert in any subcontractors the clause above and such other clauses as the FEMA may be appropriate instructions required, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Invitation for Bid (IFB) (e) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS 1. Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation: liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (1) through (4) of this section. (f) EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: 1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Invitation for Bid (IFB) 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary ofLabor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Invitation for Bid (IFB) The City of Miami further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of the City which does not participate in work on or under the contract. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon (g) CLEAN AIR ACT 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (h) FEDERAL WATER POLLUTION CONTROL ACT 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (i) NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (j) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's action pertaining this contract. Invitation for Bid (IFB) (k) BYRD ANTI -LOBBYING AMENDMENT, 31. U.S.C. § 1352 (AS AMENDED) Bidders who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded form tier to tier to the recipient. (1) PROCUREMENT OF RECOVERED MATERIALS 1. In the performance of this contract, the contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance schedule; c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPS's Comprehensive Procurement Guidelines web site, https : //wwwepa. gov/smm/comprehensive -procurement-guideline-cpg-program. 3. The contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (m) DHS. SEAL, LOGO, AND FLAGS The contractor does not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. (n) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. (o) ACCESS TO RECORDS 1. The contractor agrees to provide the City of Miami, (Project Manager), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2. The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The contractor agrees to provide the FEMA Administrator or their authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. Invitation for Bid (IFB) (p) SUSPENSION AND DEBARMENT 1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower -tier transaction it enters into. 3. This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. (q) PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OF SERVICES 1. Funds are prohibited from being used to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component or any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence of the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 2. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administrating loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered Invitation for Bid (IFB) communications equipment and services, to procure replacement equipment services, and to ensure that communications service to users and customers is sustained. 3. See Public Law 115-232, section 889, and 2 C.F.R. § 200.471 for additional information. (r) DOMESTIC PREFERENCE FOR PROCUREMENTS 1. This contract include a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. If funds are for an infrastructure project the contract is subject to the terms and conditions of the Buy America Act preferences in 2. C.F.R. pt. 184. (s) AFFIRMATIVE SOCIOECONOMIC STEPS If subcontractors are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (t) LICENSE AND DELIVERY OR WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS The contractor grants to the City of Miami, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For date required by the contract but not first produced in the performance of this contract, the contractor will identify such data and grant to the City of Miami or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the contractor will deliver to the City of Miami data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City of Miami. 2.15. GROUP II - NON -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION This section applies to all projects that are non -federally funded. Invitation for Bid (IFB) (b) LOCAL OFFICE PREFERENCE Proposers/Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Proposal or Bid at the time of the Proposal/Bid due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form; • Submission of a copy of the Proposer's/Bidder's lease documents at the location being deemed a City of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer/Bidder. (c) LIVING WAGE ORDINANCE Living wage ordinance applies for all non -federally funded projects as stated in Section 1.38 Florida Minimum Wage and City of Miami Living Wage Ordinance, Subsection B. City of Maimi Living Wage Ordinance APPLICABLE TO BOTH GROUPS: GROUP I - FEDERALLY FUNDED PROJECTS AND GROUP II -NON-FEDERALLY FUNDED PROJECTS 2.16. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City 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: (1) 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 action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' 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) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy ofthe statement specified in subsection (1). (4) 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 ofthe statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. Invitation for Bid (IFB) (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.17. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Bidder(s) or their assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty or representation is made that any project will be awarded to any firm. 2.18. EQUITABLE ADJUSTMENT The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Successful Bidders that continued performance of the contract would result in a substantial loss. Successful Bidder might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. 2.19. INVOICING Invoices submitted for payment by the City shall contain purchase order number, work order number, if applicable, details of service, number of labor hours, hourly rate, total man hours billed, specify federally funded or non -federally funded, description of vessel (model# and license#, if known). Copies of invoices or other appropriate documentation including available receipts for material/parts. 2.20. PROJECT MANAGER Upon award, Successful Bidder shall report and work directly with Officer Arturo Del Castillo or designee, who shall be designated as the Project Manager for the City. 2.21. DAMAGES TO PUBLIC/PRIVATE PROPERTY Any damage caused by the Successful Bidder(s) shall be reported to the Project Manager, or designee, either in person or in writing. Successful Bidder(s) shall be responsible for paying for any and all damages of which may be paid via credit against monthly billing or by direct payment. The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). Invitation for Bid (IFB) 2.22. RESPONSE TIME The City shall be the sole determiner in what constitutes an emergency response time request. 2.23. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. Successful Bidder(s) shall provide adequate barriers, flag person, traffic cones, signs and/or warning devices during the performance of the contract. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Equipment remaining on site shall be locked and secure. All hand tools shall be removed daily from the site. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. Any damage to public or private property as the result of operations of the Successful Bidder(s), shall be the sole responsibility of the Successful Bidder(s) and shall be repaired by the Successful Bidder(s), their forces, or their selected personnel, within a reasonable length of time (not to exceed one month from the date damage was done), to the satisfaction of the Project Manager, or designee. 2.24. PUBLIC SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel. The Successful Bidder(s) shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages occasioned in any way by their actions or neglect or that of its agents or employees. The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 A.M. and 10:00 P.M. noise levels shall not exceed 65 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 10:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.25. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. Invitation for Bid (IFB) 2.26. ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific facilities/products/items/services/suppliers, it is hereby agreed and understood that any facility/product/item/service/supplier may be added/deleted to/from this Contract at the option of the City. When an additional facility/product/item/service to the Contract is required, the supplier shall be invited to submit price quotes for these new facilities/products/items/services. If these prices are not competitive or not carried, the City maintains the right to add additional suppliers to the Contract to carry those items required. If these quotes are comparable with market prices offered for similar facilities/products/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and addendum and a separate purchase order shall be issued by the City. 2.27. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or authorized representative(s) and/or should remedial action not be taken within twenty-four (24) hours on any failure to perform, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment or terminate the contract for cause. 2.28. DELAYS The Successful Bidder shall notify the Project Manager or designee of any actual or potential delays. 2.29. FORCE MAJEURE Successful Bidder shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 2.30. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated shall result in liquidated damages being assessed. The Successful Bidder shall be subject to an assessment of liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.31. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not Invitation for Bid (IFB) transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 2.32. E-VERIFY EMPLOYMENT VERIFICATION Successful Bidder shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by any Successful Bidder of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Bidder knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Successful Bidder agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp , to verify the employment eligibility of all employees during the term of this Contract. The Successful Bidder shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 2.33. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.34. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is without their or their Subcontractor's control, fault, or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami, the Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, for the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. Invitation for Bid (IFB) 2.35. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 2.36. BID BOND AND PERFORMANCE BOND A Bid Bond and/or a Payment and Performance Bond is not required for this project. 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Successful Bidder shall provide all labor, tools, and equipment necessary for the mobilization, removal, and disposal of derelict vessels located within the City of Miami water basin. All activities must be conducted so as not to cause pollution or other adverse impacts to the environment, including but not limited to impacts to marine life, bay bottom, water quality, mangroves, seagrasses and other marine resources. Methods used to remove and dispose of the derelict vessels will be at the Successful Bidder's discretion; however, the removal and demolition methods will be subject to the City of Miami Police Department/Marine Patrol's ("Police Department") Project Manager or designee's review and approval prior to the start of work. Vessels are to be removed from the water in whole condition and in -water demolition of vessels will be prohibited. Due to shallow water depths, work may be restricted to periods of maximum high tide. All activities shall be conducted using best management practices (including, but not limited to, the use of turbidity curtains, floating boom, absorbent pads, hand nets, etc.) to prevent the release of any pollutants or debris to the environment. The Police Department may restrict such activities in any manner necessary to ensure the Successful Bidder's compliance with pertinent environmental regulations. All demolition activities, except those taking place at an approved Class I landfill, may only occur over an impervious surface with adequate controls in place to prevent The City of Miami Police Department/Marine Patrol's DV removal 2022- release of pollutants to the environment and only after all pollutants have been removed to the extent feasible. No personal property, equipment, or other materials, with the exception of scrap metal, may be salvaged from the vessels by the Successful Bidder unless explicitly authorized by Police Department's Project Manager or designee. All scrap metal (e.g. metal keels, masts, engines, props or other vessel parts / hardware) is to be removed from the vessel for recycling. The proceeds from the recycling may be retained by the Successful Bidder to help defray vessel disposal costs. All vessel removal activities must be directly coordinated with and supervised by Project Manager or designee of the Police Department's Marine Patrol Unit who must verify the status of each vessel prior to removal, and must certify that each vessel and its contents, if any, have been satisfactorily removed and disposed of as required. The Successful Bidder shall meet on -site with the Police Department's Project Manager or designee prior to removing the vessels to verify that they remain eligible for removal and to coordinate monitoring of all the removal activities. No removal work is to be conducted unless and until the Successful Bidder has received a written Notice to Proceed from the Police Department's Project Manager or designee listing the specific vessels to be removed. Failure to fully comply with these requirements may result in the Successful Bidder not being compensated for the removal and disposal of the vessel. The removal and proper disposal of the vessels and associated debris/contents must be thoroughly documented by the Successful Bidder. Required documentation includes photographs of each vessel as it is being removed, while it is located on the contractor's barge or upland staging area, during its destruction, and at its final disposal point (i.e. at landfill or crushed in container). All photos are to be in digital format and titled with the vessel's "DV number", if the number is not visible on the vessel in the photo. In addition, original copies of receipts for disposal of the vessels and associated debris at an approved landfill and/or recycling facility, and for any other associated charges including the proper disposal of pollutants, if any, must also be provided. Receipts must be legible and describe the disposal location and the quantity of material disposed of, by weight and/or volume. All documentation must be submitted to Officer Arturo Del Castillo, the Project Manager or designee within the time period specified in the Notice to Proceed. Failure to fully comply with these requirements may result in the Successful Bidder not being compensated for the removal and disposal of the vessel. The Successful Bidder shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the subject work, in accordance with generally accepted accounting principles. The Successful Bidder shall allow the Police Department's Project Manager or designee access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material related to the Police Department/Marine Patrol's DV removal - 2022 contracted work for audit purposes. These records shall be maintained by the Successful Bidder for five (5) years following the completion of the subject work. In addition to the above, Successful Bidder shall: 1. Include protection of work site (i.e., barricades, caution tape, etc.); 2. Be responsible for the security of all equipment onsite; 3. Have an OSHA Compliant commercial dive team required for vessel removal; 4. Deployment of turbidity curtains where required by law; and 5. Leave site clean and clear of debris.