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HomeMy WebLinkAbout15587 Exhibit BExhibit "B" AMENDED GRANT AGREEMENT This AMENDED GRANT AGREEMENT ("Agreement") is made as `of this CI day of A , 2018 fir ("Effective Date") by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), and HARLEM SQUARE, LLC, a Florida Limited Liability Company ("Grantee"). RECITALS A. WHEREAS, the CRA is responsible for carrying out coxrununity redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Community Redevelopment Plan, as amended and restated (the "Plan"); and B. WHEREAS, Section 2, Goal 4, at page 11, of the Plan lists the "creati[on of] jobs within the community", as a stated redevelopment goal; and C. WHEREAS, Section 2, Goal 6, at page 11, of the Plan lists "improving quality of life for residents", as a stated redevelopment goal; and D. WHEREAS, Section 2, Principle 4, at page 14, of the Plan provides that "employment opportunities be made available to existing residents ...' ; and E. WHEREAS, Section 2, Principle 9, at page 16, of the Plan provides that "...buildings of architectural merit should be adapted to new needs and creatively reused"; and F. WHEREAS, Section 2, Principle 14, at page 16, of the Plan further provides for "restor[ation] of community and unification of the] area culturally"; and G. WHEREAS, the existing structure located at 173 N.W. 11'' Street, Miami, Florida 33136 ("Property") is in significant need of repair and is a blight in the community; and H. WHEREAS, in response, Grantee has developed "Harlem Square", a supper club/lounge to be located at the Property ("Project"); and I. WHEREAS, on December 29, 2014, the Board of Commissioners, by Resolution No. CRA-R-14- 0076, attached hereto as Exhibit "A", passed and authorized the issuance of a grant, in an amount not to exceed Qpe Million Two Hundred Fifty Thousand Dollars ($1,250,000.00), to the Grantee to underwrite costs associated with the Project; and J. WHEREAS, on March 29, 2018, the Board of Commissioners, by Resolution No. CRA-R-18-0014 attached hereto as Exhibit `B", passed and authorized the issuance of an additional grant, not to exceed Nine Hundred Seventy Five Thousand Dollars ($975,000.00), to the Grantee to underwrite costs associated with the Project; and K. WHEREAS, pursuant to Resolution No. CRA-R-18-0014, the parties wish to enter into this Amended Agreement to set forth the terms and conditions relating to the use of this grant in an amount not to exceed the total of Two Million Two Hundred Twenty -Five Thousand Dollars ($2,225,000.00); and Pagel of 12 NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, receipt and sufficient of which is hereby acknowledged, the CRA and Grantee agree as follows: 1. RECITALS. The Recitals to this Amended Agreement are true and correct, and are incorporated herein by referenced and made a part hereof. 2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the Grantee the Grant to be used for the purpose and disbursed in the manner hereinafter provided. 3. TERM. The term of this Amended Agreement shall commence on the Effective Date written above and shall terminate upon the earlier of full disbursement of Two Million Two Hundred Twenty -Five Thousand Dollars ($2,225,000.00) or earlier as provided for herein; provided, however, that the following rights of the CRA shall survive the expiration or early termination of this Amended Agreement: to audit or inspect; to require reversion of assets; to enforce representations, warranties and certifications; to exercise entitlement to remedies, limitation of liability, indemnification, and recovery of fees and costs. 4. USE OF GRANT. The Grant shall be used to underwrite costs associated with the renovation of the Project, in accordance the Scope of Work and Budget with Exhibit "C", attached hereto and incorporated herein. The CRA is not obligated to expend additional funds beyond the approved grant. 5. DISBURSEMENT OF GRANT. a. GENERALLY. Subject to the terms and conditions contained in this Amended Agreement, the CRA shall make available to Grantee up to Two Million Two Hundred Twenty -Five Thousand Dollars ($2,225,000.00). In no event shall payments to Grantee under this Atnended Grant agreement exceed Two Million Two Hundred Twenty -Five Thousand Dollars ($2,225,000.00). Payments shall be made to Grantee or directly to vendors on behalf of Grantee, only after receipt and approval of requests for disbursements. b. PRE -APPROVAL OF EXPENSES. Grantee agrees to submit to the CRA all requests for the expenditure of Grant funds for pre -approval by the CRA. Failure to submit said requests prior to incurring expenses may result in the Grantee bearing the costs incurred. The CRA shall review said requests to ensure that the expense sought to be incurred by the Grantee is an expense within the scope of work and budget attached hereto as Exhibit "C" and the CRA reserves the right to deny any and all requests it deems to he outside of the scope and budget. c. REQUESTS FOR DISBURSEMENT OF GRANT. All requests for the disbursement of grant funds by the Grantee shall be certified by the Grantee's authorized representative. All requests for disbursement of grant funds must be in writing and must be accompanied by supporting documents reflecting the use of grant funds and/or expenditures incurred, and that said request is being made in accordance with the Proj ect's approved scope of work and budget and for expenditures incurred during the Term of this Amended Agreement, as reflected in Exhibit "C." For purposes of this Amended Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. The Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Project shall be in the name of the Grantee, and not in the name of the CRA in light of the Grantee's inability to bind the CRA to any legal and/or monetary obligation whatsoever. The CRA retains the right to request additional supporting documentation, or additional explanation for any and all expenses incurred by the Grantee. Grantee's failure to provide additional supporting documentation or additional explanation regarding expenses incurred shall serve as grounds for Page 2of12 immediate termination of this Amended Agreement, and the Grantee shall bear the costs associated with any expenditures not approved by the CRA prior to the date of termination. Grantee understands and acknowledges that the CRA shall not disburse grant funds for any expense that has not been previously approved by the CRA in accordance with Section 5(b) above, and that such expenses shall be borne solely by the Grantee. d. CASH TRANSACTIONS PROHIBITED. The parties agree that no payment will be made to Grantee as a reimbursement for any Project -specific expenditure paid in cash. Grantee acknowledges that a cash transaction. is insufficient per se to comply with record -keeping requirements under this Amended Agreement. e. NO ADVANCE PAYMENTS. The CRA shall not make advance payments to the Grantee or Grantee's vendors for services not performed or for goods, materials or equipment which have not been delivered to the Grantee for use in connection with the Project. 6. RESTRICTIVE COVENANT. In consideration for the Grant, Grantee agrees to execute and record a restrictive covenant, in substantially the attached form set forth in Exhibit "D." 7. JOB CREATION DURING CONSTRUCTION. a. SUBCONTRACTOR PARTICIPATION. Grantee shall cause its general contractor to hire not less than twenty percent (20%) of the subcontractors for the Project giving first priority to companies certified as SBE-Construction Services fums by Miami -Dade County pursuant to 10-33.02 of the County Code of Ordinances ("SBE"), whose principal place of business is in the Redevelopment Area, as more particularly described in the Plan, second priority to subcontractors whose principal place of business is in the Redevelopment Area, third priority to SBE fines whose principal place of business is located within the boundaries of the Overtown community, fourth priority to subcontractors whose principal place of business is located within the boundaries of the Overtown community, fifth priority to SBE firms whose principal place of business is located within the City of Miami, and sixth to subcontractors whose principal place of business is located within the City of Miami. b. LABORER PARTICIPATION. Grantee agrees to cause its general contractor and all subcontractors to hire forty percent (40%) of the labor for the construction of the Project from workers residing in the City of Miami giving first priority to workers residing in the Redevelopment Area, which encompasses part of zip code 33136 and second priority to workers residing in the Overtown Community. 8. RESPONSIBLE WAGES AND BENEFITS SCHEDULE. Grantee agrees, pursuant to CRA Resolution CRA-R-16-0015, that all employees working on the proj ect must be paid the hourly rate and benefits listed in Miami -Dade County Responsible Wages and Benefits Schedule 2018 set forth in Exhibit "E". Payment to workers shall be made in the form of check, money order or direct deposit. Cash payments are not allowed. The rates paid shall be not less than those contained in the Wage and Benefits Schedule regardless of any contractual relationship that may exist between the contractor and the workers hired to perform under the contract. For any classification of workers, the hourly rate paid must equal the sum of the base rate and the fringe benefit rates listed for that classification in the Wage and Benefits Schedule. Rates paid shall be not less than those contained in the Wage and Benefits Schedule in effect as of January 1st of the year the work is performed. Workers must be paid the appropriate base rate and fringe benefits on the Wages and Benefits Schedule for the classification of work actually being performed without regard to skill. a. REPORT REQUIREMENTS. Grantee shall be required to submit to the Executive Director monthly reports detailing evidence of compliance with the subcontractor participation requirement and the laborer participation requirement ("Participation Report"). The Participation Report shall contain such inforivation as the Executive Director may reasonably require to enable the Executive Director to determine whether the Grantee is in compliance with the subcontractor participation requirement and the laborer participation Page 3of12 requirement. b. DISPUTES. In the event of any disputes between the Executive Director and Grantee as to whether any subcontractor has its principal place of business in the City or whether a laborer resides in the City, and whether the Grantee has complied with the priority requirements, the Executive Director and Grantee shall proceed in good faith to resolve the dispute. In the event the dispute is not resolved within ten (10) days, either party may submit the dispute to the CRA Board of Commissioners for resolution. The decision of the CRA Board of Commissioners shall be binding on the parties. 9. PERMANENT EMPLOYMENT. Grantee shall recruit and retain at Least eighty percent (80%) of the work force from the City, giving first priority to individuals who reside in the Redevelopment Area and second priority to individuals who reside in the Overtown Community. Grantee shall consider recruiting candidates from CRA sponsored training programs. Grantee shall provide the Executive Director, with bi-annual reports detailing evidence of compliance with the permanent employment requirement with the first report due one (1) month after receipt of a certificate of occupancy from the City of Miami ("Permanent Employment Report"). The Permanent Employment Report shall contain such information as the Executive Director may reasonably require to enable the Executive Director to determine whether the Grantee is in compliance with the permanent employment requirement. 10. COMMUNITY BENEFIT. Grantee shall make the Property available at least once per month for community activities sponsored by the CRA or community based organization(s) designated by the Executive Director at no cost. The CRA or community based organization(s) shall coordinate such activities with the Grantee. 11. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines and other requirements affecting the CRA' s activities in issuing the Grant. CRA agrees to provide notice of said guidelines and other requirements to Grantee in advance of requiring compliance with same. Without limiting the generality of the foregoing, Grantee represents and warrants that it will comply and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules and regulations. 12. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained in this Amended Agreement, the CRA shall have the right to take one or more of the following actions: a. Withhold cash payments, pending correction of the deficiency by Grantee; b. Recover payments made to Grantee; c. Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or action not in compliance; d. Withhold further awards for the Project; or e. Take such other remedies that may be legally permitted. 13. RECORDS AND REPORTS/AUDITS AND EVALUATION. c. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This Amended Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes. The parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of the CRA's audit rights in Section 8(c) below, the Grantee acknowledges and accepts the CRA's right to access the Grantee's records, legal representatives' and contractors' records, and the obligation of the Grantees to retain and to make those records available upon request, and in accordance with all applicable laws. The Grantee shall keep and maintain records to show its compliance with this Amended Agreement. In addition, the Grantee's contractors and subcontractors must make available, upon the CRA's request, any books, Page 4 of 12 documents, papers, and records which are directly pertinent to this specific Amended Agreement for the purpose of making audit, examination, excerpts, and transcriptions. The Grantee, its contractors and subcontractors shall retain records related to this Amended Agreement or the Proj ect for a period of five (5) years after the expiration, early termination or cancellation of this Amended Agreement. d. REPORTS. The Grantee shall deliver to the CRA reports relating to the use of the Grant as requested by the CRA, from time to time. Failure to provide said reports shall result in grant funds being withheld until the Grantee has complied with this provision. Thereafter, continued failure by the Grantee in providing such reports shall be considered a default under this Amended Agreement. e. AUDIT RIGHTS. The CRA shall have the right to conduct audits of the Grantee's records pertaining to the Grant and to visit the Project, in order to conduct its monitoring and evaluation activities. The Grantee agrees to cooperate with the CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. f. FAILURE TO COMPLY. The Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete or inadequate information shall be grounds for the immediate termination of this Amended Agreement by the CRA. 14. UNUSED FUNDS. Upon the expiration of the term of this Amended Agreement, the Grantee shall transfer to the CRA any unused Grant funds on hand at the time of such expiration. 15. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. The Grantee represents, warrants, and certifies the following: a. INVOICES. Invoices for all expenditures paid for by Grant shall be submitted to the CRA for review and approval in accordance with the terms set forth in this Amended Agreement. The Grantee, through its authorized representative, shall certify that work reflected in said invoices has, in fact, been performed in accordance with the approved Scope of Work and Budget. b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Proj ect in accordance with the approved Scope of Work and Budget. All expenditures of the Grant will be made in accordance with the provisions of this Amended Agreement. c. SEPARATE ACCOUNTS. The Grant shall not be co -mingled with any other funds, and separate accounts and accounting records will be maintained. d. POLITICAL ACTIVITIES. No expenditure of Grant funds shall be used for political activities. e. LIABILITY GENERALLY. The Grantee shall be liable to the CRA for the amount of the Grant expended in a manner inconsistent with this Amended Agreement. f. AUTHORITY. This Amended Agreement has been duly authorized by all necessary actions on the part of, and has been, or will be, duly executed and delivered by the Grantee, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein; (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions, or on the date of this Amended Agreement, any other agreement or instrument to which the Grantee is a party; or (iii) contravenes Page 5of12 or results in any breach of, or default under any other agreement to which the Grantee is a party, or results in the creation of any lien or encumbrances upon any property of the Grantee. 16. NON-DISCRIMINATION. The Grantee, for itself and on behalf of its contractors and sub- contractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age, disability, or any other protected class prescribed by law in connection with its perfoiinance under this Amended Agreement. Furthermore, the Grantee represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, disability or any other member of a protected class be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Amended Agreement. 17. CONFLICT OF INTEREST. The Grantee is familiar with the following provisions regarding conflict of interest in the performance of this Amended Agreement by the Grantee. The Grantee covenants, represents and warrants that it will comply with all such conflict of interest provisions: a. Code of the City of Miami, Florida, Chapter 2, Article V. b. Miami -Dade County Code, Section 2-11.1. 18. CONTINGENCY. Funding for this Amended Agreement is contingent on the availability of funds and continued authorization for Project activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, or change in regulations. The CRA shall not be liable to the Grantee for amendment or termination of this Amended Agreement pursuant to this Section. Should authorization, lack of funds, reduction of funds or change in regulations of the grant occur, then Grantee shall be given thirty (30) days of written notice of said change. 19. MARKETING. a. PUBLICATION. In the event the Grantee wishes to engage in any marketing efforts, the Grantee shall, if approved by the CRA in accordance with Section 14(b) below, produce, publish, advertise, disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Project, in all forms of media and communications created by the Grantee for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements or interviews. b. APPROVAL. The CRA shall have the right to approve the form and placement of all acknowledgements described in Section 14(a) above, which approval shall not be unreasonably withheld. c. LIMITED USE. The Grantee further agrees that the CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Amended Agreement. Nothing in this Agreement, or in the Grantee's use of the CRA's name and logo, confers or may be construed as conferring upon the Grantee any right, title, or interest whatsoever in the CRA's name and logo beyond the right granted in this Amended Agreement. 20. DEFAULT. If the Grantee fails to comply with any teim or condition of this Amended Agreement, or fails to perform any of the Grantee's obligations hereunder, and the Grantee does not cure such failure within thirty (30) days following receipt of written notice from the CRA that such failure has occurred, then the Grantee shall be in default. Upon the occurrence of such default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to the Grantee, terminate this Amended Agreement whereupon all payments, advances, or other compensation paid by the CRA directly to the Grantee and utilized by the Grantee Page 6of12 in violation of this Agreement shall be immediately returned to the CRA. The Grantee understands and agrees that termination of this Amended Agreement under this section shall not release the Grantee from any obligation accruing prior to the effective date of termination. 21. NO LIABILITY. In consideration for the Grant, the Grantee hereby waives, releases and discharges the CRA, the City of Miami, its officers, employees, agents, representatives, or attorneys, whether disclosed or undisclosed, any and all liability for any injury or damage of any kind which may hereafter accrue to the Grantee, its officers, directors, members, employees, agents, representatives, with respect to any of the provisions of this Amended Agreement or performance under this Amended Agreement. 22. INDEMNIFICATION OF THE CRA. The Grantee agrees to indemnify, defend, protect and hold harmless the CRA and the City of Miami from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") for reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from or in connection with: (i) the performance or non-performance of the services, supplies, materials and equipment contemplated by this Amended Agreement or the Proj ect, whether directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of the Grantee or its employees, agents or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the CRA, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the CRA; or (ii) the failures of the Grantee to comply with any of the paragraphs provisions herein; or (iii) the failure of the Grantee, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Amended Agreement, or any Amendment to this Amended Agreement. Grantee expressly agrees to indemnify and hold harmless the CRA, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Program, as provided above, for which the Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. 23. INSURANCE. Grantee shall, at all times during the teini hereof, maintain such insurance coverage as provided in Exhibit "F", attached hereto and incorporated herein. All such insurance, including renewals, shall be subject to the approval of the CRA, or the City of Miami (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled, or materially changed during the performance of the Project under this Amended Agreement without thirty (30) calendar days prior written notice (or in accordance to policy provisions) to the CRA. Completed Certificates of Insurance shall be filed with the CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Grantee shall at any time upon request by CRA file duplicate copies of the policies of such insurance with the CRA. If, in the reasonable judgment of CRA, prevailing conditions warrant the provision by Grantee of additional liability insurance coverage or coverage which is different in kind, CRA reserves the right to require the provision by Grantee of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Grantee fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following CRA's written notice, this Amended Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, CRA shall pay Grantee expenses incurred for the Project, prior to the date of termination but shall not be liable to Grantee for any additional compensation, or for any consequential or incidental damages. Page 7of12 24. PAYMENT AND PERFORMANCE BOND; QUALIFICATION OF SURETY. The Grantee agrees that it shall require that the Contractor selected to perform the work described in Exhibit "C" to famish a Performance/Payment Bond ("Bond") within fifteen (15) calendar days of being notified of award. The Bond shall contain all the provisions of set forth in the Performance/Payment forms attached hereto as Exhibit "G." Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to CRA the completion and performance of the Work covered in the Contract Documents as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project(s). Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that Contractor will, upon notification by CRA, correct any defective or faulty work or materials which appear within one (1) year after Final Completion of the Project(s). The CRA and the City of Miami must be listed as dual obligees on the Bond. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide City with evidence of such recording. Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide CRA with evidence satisfactory to CRA, that such excess risk has been protected in an acceptable manner. 25. DISPUTES. In the event of a dispute between the Executive Director of the CRA and the Grantee as to the terms and conditions of this Amended Agreement, the Executive Director of the CRA and the Grantee shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to by the parties to this Amended Agreement. The Board's decision shall be deemed final and binding on the parties. 26. INTERPRETATION. a. CAPTIONS. The captions in this Amended Agreement are for convenience only and are not a part of this Amended Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this Amended Agreement or the scope or intent thereof. b. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the CRA and the Grantee relating to the Amended Agreement. Any promises, negotiations, or representations not expressly set forth in this Amended Agreement are of no force or effect. This Amended Agreement shall not be modified in any manner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the Page 8of12 masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. c. CONTRACTUAL INTERPRETATION. Should the provisions of this Amended Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Amended Agreement. d. COVENANTS. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Amended Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Amended Agreement shall apply throughout the term of this Amended Agreement unless otherwise expressly set forth herein. e. CONFLICTING TERMS. In the event of conflict between the terms of this Amended Agreement and any terms orconditions contained in any attached documents, the terms of this Amended Agreement shall govern. f. WAIVER. No waiver or breach of any provision of this Amended Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. g. SEVERABILITY. Should any provision contained in this Amended Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to confoiiu with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Amended Agreement shall remain unmodified and in full force and effect. h. THIRD -PARTY BENEFICIARIES. No provision of this Amended Agreement shall, in any way, inure to the benefit of any third party so as to make such third party a beneficiary of this Amended Agreement, or of any one or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto. 27. AMENDMENTS. No amendment to this Amended Agreement shall be binding on either party, unless in writing and signed by both parties. 28. DOCUMENT OWNERSHIP. Upon request by the CRA, all documents developed by the Grantee shall be delivered to the CRA upon completion of this Amended Agreement, and may be used by the CRA, without restriction or limitation. The Grantee agrees that all documents maintained and generated pursuant to this A Amended Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CRA to the Grantee pursuant to this Amended Agreement shall at all times remain the property of the CRA, and shall not be used by the Grantee for any other purpose whatsoever, without the written consent of the CRA. 29. AWARD OF AGREEMENT. The Grantee warrants that it has not employed or retained any person employed by the CRA to solicit or secure this Amended Agreement, and that it has not offered to pay, paid, Page 9of12 or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. 30. NON-DELEGABILITY. The obligations of the Grantee under this Amended Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sole discretion. 31. CONSTRUCTION. This Amended Agreement shall be construed and enforced in accordance with Florida law. 32. TERMINATION. The CRA reserves the right to terminate this Amended Agreement, at any time for any reason upon giving thirty (30) days written notice of termination to Grantee. If this Amended Agreement should be terminated by the CRA, the CRA will be relieved of all obligations under this Amended Agreement. In no way shall the CRA be subjected to any liability or exposure for the termination of this Amended Agreement under this Section. 33. NOTICE. All notices or other communications which shall or may be given pursuant to this Amended Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt or refusal of delivery, whichever is earlier. To CRA: Cornelius Shiver, Executive Director Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2' Avenue, 3`d Floor Miami, FL 33136 Email: cshiver@arnigov.com To Grantee: With copy to: Allana R. Woods, Esq., Staff Counsel Email: awoods@miamigov.com Mussaddiq Muhammad, Manager 1029 N.W. 3rd Avenue Miami, Florida 33136 Email: kingo@ultry305@yahoo.com With copy to: Leonardo D. Starke, Esq., Legal Counsel E-mail: ldstarkeesq@aol.com aol.com 34. INDEPENDENT CONTRACTOR. The Grantee, its contractors, subcontractors, employees, agents, and participants in the Program shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or retirement/pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 35. SUCCESSORS AND ASSIGNS. This Amended Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 36. SALE OF THE PROPERTY. From the time of the execution of this Amended Agreement, through five (5) years of the issuance of a Certificate of Completion for the Property, if (i) HARLEM SQUARE, Page 10 of 12 LLC. enters into a contract to sell the Property and actually closes on the sale of the Property pursuant to such contract, without the consent of the Executive Director of the CRA; or if (ii) fifty percent (50%) or more of the membership interest in HARLEM SQUARE, LLC is transferred to persons or entities which are not existing members of HARLEM SQUARE, LLC. on the date of execution of this Amended Agreement, without the consent of the Executive Director of the CRA, then in either such event HARLEM SQUARE, LLC shall be obligated to repay to the CRA One Hundred Percent (100%) of the amount of the grant received within thirty (30) days of the occurrence of such event. 37. MISCELLANEOUS. a. In the event of any litigation between the parties under this Amended Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. b. Time shall be of the essence for each and every provision of this Amended Agreement. c. All exhibits attached to this Amended Agreement are incorporated in, and made a part of this Agreement. IN WITNESS W}IEREOF, in consideration of the mutual entry into this Amended Agreement, for other good and valuable consideration, and intending to be legally bound, the CRA and the Grantee have executed this Amended Agreement. [Signature pages to follow.] Page 11 of 12 bd ToddA, ClOrk°74 the Board . ?7',PS ED AS TO FORM AND LEGAL SUFFICIENCY: By: Allana R. Woo s, Esq. Staff Counsel WITNESSES: By: f .. �-C •L� P �I Print: �l fl1 l \ Y 'L( By: (VA Print: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami/iii public agency and body coipor., e created purst ante to Section 163.356, F1oris : atutes omelius Shiver Executive Director APPROVED AS TO INS REQUIREMEN By: Ann -Marie Sharpe Interim Director HARLEM SQUARE, LLC, .Florida Limited Liability Company ("Gr : ntee") By: dig Muhammad r APPROV 1 AS TO FORM AND LEGAL SUFFICIENCY: Page 12 of 12 Le nardo D. Starke, Esq. Legal Counsel EXHIBIT "A" RESOLUTION CRA-R-14-0076 City of Miami Legislation CRA Resolution: CRA-R-14-0076 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.cam File Number; 14-01282 Final Action Date: 12/29/2014 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED $1,250,000, TO HARLEM SQUARE, LLC, FOR THE CONSTRUCTION OF "HARLEM SQUARE", A SUPPER CLUB/LOUNGE, LOCATED AT 173 N.W. 11TH STREET, MIAMI, FLORIDA 33136; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF 1NVO[C1=S AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; FUNDS TO BEALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000. WHEREAS, the Southeast Overtown/Park West Community RedevelopmentAgency ("CRA") isa community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan ("Plan"); and VVHEREAS, Section 2, Goal 4, at page 11, of the Plan lists the the "creati[on of] jobs within the community", as a stated redevelopment goal; and WHEREAS, Section 2, Goal 6, at page 11, of the Plan lists "improving quality of life for residents", as a stated redevelopment goal; and VVHEREAS, Section 2, Principle 4, at page 14, of the Plan provides that "employment opportunities be made available to existing residents ... "; and VVHEREAS, Section 2, Principle 9, at page 16, of the Plan provides that "...buildings of architectural merit should be adapted to new needs and creatively reused"; and WHEREAS, Section 2, Principle 14, at page 16, of the Plan further provides for "restor[ation] of community and unification of the] area culturally"; and WHEREAS, the existing structure located at 173 N.W, 11th Street, Miami, Florida 33136 ("Property") is in significant need of repair and is a blight in the community; and WHEREAS, in response, Harlem Square, LLC ("Grantee") has developed "Harlem Square", a supper club/lounge to be located at the Property ("Project"). WHEREAS, the Grantee has requested assistance from the CRA in order to undertake the construction of the Project; and City of Miami Page 1 of 2 File Id: 14-01282 (Version: 1) Printed On: 1/6/2015 File Number: 14-01282 Enactment Number: CR/I-R-14-0076 WHEREAS, Grantee anticipates that the project will create new jobs opportunities within the Redevelopment Area; and WHEREAS, as an inducement to the CRA's grant of financial assistance, Grantee agrees to provide new job opportunities during both construction and operations phases; and WHEREAS, the Board of Commissioners wishes to authorize a grant, in an amount not to exceed $1,250,000 for the construction of the Project; and WHEREAS, the Board of Commissioners finds that such a grant would further the aforementioned redevelopment goals and principles; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1, The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners hereby authorizes a grant, in an amount not to exceed to $1,250,000, to Harlem Square, LLC, for the construction of "Harlem Square", a supper club/lounge, located at 173 N,W. llth Street, Miami, Florida 33136. Section 3, The Executive Director is authorized to execute all documents necessary for the purposes set forth above. Section 4. The Executive Director is authorized to disburse funds, at his discretion, on a reimbursement basis or directy to vendors, upon presentation of invoices and satisfactory documentation. Section 5, Funds are to be allocated from SEOPW Tax increment Fund, entitled "Other Grants and Aids," Account Code No, 10050.920101.883000.0000.00000. Section 6, This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 2 File Id: 14-01282 (Version: I) Printed On: 1/6/2015 EXM3YT °B" RESOLUTION CRA-R-18-0014 Southeast OvertownlPark West Community Redevelopment Agency Legislation CRA Resolution CRA-R-18-0014 File Number: 3892 Final Action Date:3/2912018 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING FUNDING IN THE AMOUNT OF $975,000.00, TO UNDERWRITE COSTS ASSOCIATED WITH CONSTRUCTION COSTS ENHANCING THE ORIGINAL MODEL FOR THE CONSTRUCTION OF "HARLEM SQUARE" A FULL SERVICE SUPPER CLUB/LOUNGE LOCATED AT 173 N.W. 11TH STREET, MIAMI, FLORIDA 33136, AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.0000 WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is,responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan ("Plan"); and WHEREAS, Florida Statute Section 163.335(1) states "...that the prevention and elimination of slums and blight is a matter of state policy and state concern...", and; WHEREAS, Florida Statute Section 163. 340(8) defines "blighted area" as " an area in which there are a substantial number of deteriorated or deteriorating structures; in which conditions, as indicated by government -maintained statistics or other studies, endanger life or property or are leading to economic distress...", and; WHEREAS, Section 2, Goals 4 and 6, at page 11, of the Plan lists the "creati[on of] jobs within the community," and "improving the quality of life for residents" as a stated redevelopment goals; and WHEREAS, Section 2, Principle 4, at page 14, of the Plan provides that "employment opportunities be made available to existing residents..." as stated redevelopment principle; and WHEREAS, Section 2, Principle 6, at page 15, of the Plan provides that in order to "address and improve the neighborhood economy and expand economic opportunities of present and future residents and businesses[,] ... [it is necessary to] ... attract new businesses that provide needed services and economic opportunities ...;" and WHEREAS, on December 29, 2014, the Board of Commissioners, by Resolution No. CRA-R-14-0076, authorized the issuance of a grant, in an amount not to exceed $1,250.000.00, to Harlem Square, LLC., to underwrite costs associated with the construction of "Harlem Square" ("Project"), and; City of Miami Page 1 of 2 File ID: 3892 (Revision: A) Printed On: 4/2/2018 File tD: 3892 Enactment Number: CRA-R-18-0014 WHEREAS, Grantee now seeks additional funds from the CRA to complete the Project due to the receipt of the full plans and completion of the drawings, and; WHEREAS, the Board of Commissioners wish to authorize an additional amount not to exceed $975,000.00 to Grantee to underwrite costs associated with u construction costs and for the construction of "Harlem Square"; and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the above mentioned redevelopment goals and objectives; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners hereby authorizes a grant in an amount not to exceed $975,000.00, Harlem Square, LLC., to underwrite costs associated with the construction of 'Harlem Square" ("Project"). Section 3. The Executive Director is authorized to execute all documents necessary for said purpose. Section 4. The Executive Director is authorized to disburse funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation. Section 5. Funds to be allocated from SEOPW Tax Increment Fund, entitled "Other Grants and Aids," Account Code No. 10050.920101.883000.0000.00000. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: s fiver, E ' cutive Director 3/22/2018 s City of Miami Page 2 of 2 File ID: 3892 (Revision: A) Printed on: 4/2/2018 EXHIBIT "C" Scope of Work and Budget Scope of Work Construction of a full service supper club/lounge located at 173 NW 11 Street, Miami, Florida 33136 ("Property") in accordance with the construction document set of drawings dated 7/23/2017 by Adolfo V, Gonzalez, P.E.. Such enhancements involve construction of a 3 story modern and trendy three-story lounge of which the first floor consists of a jazz lounge, the second floor consists of a cigar bar, and the third floor consists of a rooftop lounge for special events. This revitalized construction will attract locals and tourists from South Florida and beyond; and provide a steady flow of economic and social opportunities for the residents of Oyez -town. „2 ny vr_ -I !GARBAGEIam I .---L P. 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Harlem Square Schedule of Values (Budget) etivit ___ arse .., . .. ,a1ue F1.5 Preconstruction, demo, shoring, architectural & engineering plans $ 115,000.00 $ - Mobilization, Construction Facilities, Site Work and Structural s 301,699.00 $ - Plumbing $ 118,146.00 $ 11,814.00 Heat, Vent & Air Conditioning $ 107,716.00 $ 17,716.00 Electrical $ 145,460.00 $ 15,460.00 Fire Protection Systems $ 83,134.00 $ 8,400.00 Roofing $ 73,043.00 $ 7,300.00 Windows & Doors $ 120,945.00 $ 13,000.00 Drywall & Insulation $ 145,745.00 $ 14,575.00 Flooring $ 81,422.00 $ 8,200.00 Tiling $ 14,208.00 $ 1,500.00 Light Fixtures $ 26,598.00 $ 2,700.00 Toilet & Bath Accessories $ 12,966.00 $ 1,300.00 Appliances $ 21,785.00 $ 2,200.00 Cabinetry $ 56,924.00 $ 6,000.00 Finish Carpentry/Trimwork $ 63,270.00 $ 6,400.00 Misc. Equipment -Commercial $ 158,130.00 $ 16,000.00 LandScaping $ 49,979.00 $ 5,000.00 Siding $ 205,349.00 $ 25,000.00 Painting $ 73,481.00 $ 7,400.00 WASD 470Ft Ext. 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Revised 8/23/2018 EX]IQIT "D" Restrictive Covenant Prepared by, and after recording return to: Allana R. Woods, Esq. Staff Attorney, Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2"d Ave, 3rd Floor Miami, Florida 33136 Tel: (305) 679-6800 Reserved for Recording DECLARATION OF AMENDED AND RESTATED RESTRICTIVE COVENANT RUNNING WITH THE LAND This Amended and Restated Restrictive Covenant ("Covenant") made as of the day of 2018 by HARLEM SQUARE, LLC, a Florida Limited Liability Company, ("Owner"), is in favor of the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate, created pursuant to Section 163.356, Florida Statutes ("CRA"). WHEREAS, the Owner is the legal owner of the fee simple interest in and to that certain property located at 173 N.W. 11th Street, Miami, Florida (Folio No. 01-3137-031-0140), ("Property"). WHEREAS, the Owner requested a grant from the CRA in order to undertake the rehabilitation of the Property; and WHEREAS, on December 29, 2014, the CRA's Board of Commissioners by Resolution No. CRA- R-14-0076, passed and authorized a grant, in an amount not exceed One Million Two Hundred Fifty Thousand Dollars and No Cents ($1,250,000.00), to the Owner for the rehabilitation of the Property; and WHEREAS, on March 29, 2018, the Board of Commissioners, by Resolution No. CRA-R-18-0014, passed and authorized the issuance of an additional grant, in an amount not to exceed Nine Hundred Seventy -Five Thousand Dollars ($975,000.00), to the Grantee to underwrite costs associated with the Project; and WHEREAS, pursuant to Resolution No. CRA-R-18-0014, the parties wish to enter into this Amended Agreement to set forth the terms and conditions relating to the use of this grant in an amount not to exceed the total of Two Million Two Hundred Twenty -Five Thousand Dollars ($2,225,000.00); and WHEREAS, in exchange for receipt of the grant, the Owner is desirous of making a binding commitment to assure that the Property shall be operated in accordance with the representatives and commitments made to the CRA; As a result of approved additional funding by the CRA Board of Commissioners, HARLEM SQUARE, LLC and the CRA desire to amend and restate the Original Restrictive Covenant in its entirety as hereinafter provided. NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 1. Recitals: The recitals and findings set forth in the preamble of this Covenant are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2, Covenant: The Grantee agrees to strictly comply with the terms and conditions set forth in the Amended Grant Agreement attached hereto as Exhibit "A". 3. Term: The term of this Amended Agreement shall commence on the Effective Date written above and shall terminate upon the earlier of full disbursement of Two Million Two Hundred Twenty -Five Thousand Dollars ($2,225,000.00) or earlier as provided for herein; provided, however, that the following rights of the CRA shall survive the expiration or early termination of this Amended Agreement: to audit or inspect; to require reversion of assets; to enforce representations, warranties and certifications; to exercise entitlement to remedies, limitation of liability, indemnification, and recovery of fees and costs. 4. JOB CREATION DURING CONSTRUCTION. a. SUBCONTRACTOR PARTICIPATION. Grantee shall cause its general contractor to hire not less than twenty percent (20%) of the subcontractors for the Project giving first priority to companies certified as SBE-Construction Services firms by Miami -Dade County pursuant to 10-33.02 of the County Code of Ordinances ("SBE"), whose principal place of business is in the Redevelopment Area, as more particularly described in the Plan, second priority to subcontractors whose principal place of business is in the Redevelopment Area, third priority to SBE firms whose principal place of business is located within the boundaries of the Overtown community, fourth priority to subcontractors whose principal place of business is located within the boundaries of the Overtown community, fifth priority to SBE firms whose principal place of business is located within the City of Miami, and sixth to subcontractors whose principal place of business is located within the City of Miami. b. LABORER PARTICIPATION. Grantee agrees to cause its general contractor and all subcontractors to hire forty percent (40%) of the labor for the construction of the Project from workers residing in the City of Miami giving first priority to workers residing in the Redevelopment Area, which encompasses part of zip code 33136 and second priority to workers residing in the Overtown Community. 5. RESPONSIBLE WAGES AND BENEFITS. SCHEDULE. Grantee agrees, pursuant to CRA Resolution CRA-R-16-0015, that all employees working on the project must be paid the hourly rate and benefits listed in Miami -Dade County Responsible Wages and Benefits Schedule 2018. Payment to workers shall be made in the form of check, money order or direct deposit. Cash payments are not allowed. The rates paid shall be not less than those contained in the Wage and Benefits Schedule regardless of any contractual relationship that may exist between the contractor and the workers hired to perform under the contract. For any classification of workers, the hourly rate paid must equal the sum of the base rate and the fringe benefit rates listed for that classification in the Wage and Benefits Schedule. Rates paid shall be not less than those contained in the Wage and Benefits Schedule in effect as of January 1st of the year the work is performed. Workers must be paid the appropriate base rate and fringe benefits on the Wages and Benefits Schedule for the classification of work actually being performed without regard to skill. a. REPORT REQUIREMENTS. Grantee shall be required to submit to the Executive Director monthly reports detailing evidence of compliance with the subcontractor participation requirement and the laborer participation requirement ("Participation Report"). The Participation Report shall contain such information as the Executive Director may reasonably require to enable the Executive Director to determine whether the Grantee is in compliance with the subcontractor participation requirement and the laborer participation requirement. 6. PERMANENT EMPLOYMENT. Grantee shall recruit and retain at least eighty percent (80%) of the work force from the City, giving first priority to individuals who reside in the Redevelopment Area and second priority to individuals who reside in the Overtown Community. Grantee shall consider recruiting candidates from CRA sponsored training programs. Grantee shall provide the Executive Director, with bi-annual reports detailing evidence of compliance with the permanent employment requirement with the first report due one (1) month after receipt of a certificate of occupancy from the City of Miami ("Permanent Employment Report"). The Permanent Employment Report shall contain such information as the Executive Director may reasonably require to enable the Executive Director to determine whether the Grantee is in compliance with the permanent employment requirement. 7. Default: The Owner covenants and agrees that in the event of noncompliance with this Covenant, the CRA shall give written notice thereof to the Owner by registered or certified mail. If such violation is not corrected to the CRA's satisfaction within thirty (30) days of date of notice, or within such further time as the CRA reasonably determines is necessary to correct the violation, without further notice, the CRA may, declare a default under this Covenant and any other agreements executed in connection therewith, The Owner agree that its failure to comply with this Covenant shall result in the Owner reimbursing the CRA grant funds in accordance with attached hereto as Exhibit "A". All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 8. Payment and Performance Bond; Qualification of Surety. The Grantee agrees that it shall require that the Contractor selected to perform to furnish a Performance/Payment Bond ("Bond") within fifteen (15) calendar days of being notified of award. The Bond shall contain all the provisions of set forth in the Performance/Payment forms. Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to CRA the completion and performance of the Work covered in the Contract Documents as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project(s). Each Bond shall continue in effect for one year after Final. Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that Contractor will, upon notification by CRA, correct any defective or faulty work or materials which appear within one (1) year after Final Completion of the Project(s). The CRA and the City of Miami must be listed as dual obligees on the Bond. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide City with evidence of such recording. Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DER Section 223.10, Section 223.111). Further, the Surety shall provide CRA with evidence satisfactory to CRA, that such excess risk has been protected in an acceptable manner 9. Amendment and Modifications: This Covenant may be modified, amended or released as to any portion of the Property by a written instrument executed on behalf of the CRA and by the then -owner of the fee simple title to the land to be affected by such modification, amendment, or release, provided that same has been approved by the Board of Commissioners of the CRA. Should this instrument be so modified, amended or released the CRA's Executive Director, or his successor, or other administrative officer with jurisdiction over the matter, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. 10. Inspection and Enforcement: The Owner covenants and agrees that any designated representative of the CRA shall have the right any time during normal business hours to enter and investigate the use of the Property to determine whether the conditions of this Covenant are being complied with. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants in this Declaration. The CRA, if a prevailing party to any action or suit pertaining to or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of its attorney(s). This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 11, Severability: Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. 12. Sale or Lease of Property. From the time of the execution of this Amended Agreement, through five (5) years of the issuance of a Certificate of Completion for the Property, if (i) HARLEM SQUARE, LLC. enters into a contract to sell the Property and actually closes on the sale of the Property pursuant to such contract, without the consent of the Executive Director of the CRA; or if (ii) fifty percent (50%) or more of the membership interest in HARLEM SQUARE, LLC is transferred to persons or entities which are not existing members of HARLEM SQUARE, LLC. on the date of execution of this Amended Agreement, without the consent of the Executive Director of the CRA, then in either such event HARLEM SQUARE, LLC shall be obligated to repay to the CRA One Hundred Percent (100%) of the amount of the grant received within thirty (30) days of the occurrence of such event. 13. No Liability. In consideration for the Grant, the Grantee hereby waives, releases and discharges the CRA, the City of Miami, its officers, employees, agents, representatives, or attorneys, whether disclosed or undisclosed, any and all liability for any injury or damage of any kind which may hereafter accrue to the Grantee, its officers, directors, members, employees, agents, representatives, with respect to any of the provisions of this Amended Agreement or performance under this Amended Agreement. 14. Indemnification of the CRA. The Grantee agrees to indemnify, defend, protect and hold harmless the CRA and the City of Miami from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") for reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from or in connection with: (i) the performance or non-performance of the services, supplies, materials and equipment contemplated by this Amended Agreement or the Project, whether directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of the Grantee or its employees, agents or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the CRA, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the CRA; or (ii) the failures of the Grantee to comply with any of the paragraphs provisions herein; or (iii) the failure of the Grantee, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Amended Agreement, or any Amendment to this Amended Agreement. Grantee expressly agrees to indemnify and hold harmless the CRA, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Program, as provided above, for which the Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. 15. Miscellaneous. In the event of any litigation between the parties under this Amended Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. 16. Covenant Runs with Land; Expiration of Term: This Covenant is a covenant running with the land. After the expiration of the Term, this Covenant shall lapse and be of no further force and effect. 17. Recordation: This Declaration shall be recorded in the Public Records of Miami -Dade County at the Owner's expense within ninety (90) days of the completed rehabilitation of the Property. The CRA shall be promptly furnished with a recorded copy of this Declaration. Signed, witnessed, executed and acknowledged this day of , 2018. [SIGNATURE PAGE TO FOLLOW.] WITNESSES: HARLEM SQUARE, L C, a Florida Limited Liability omp, y: By: r\ • reQ...7 Print:f1'V' I1J By: IA , _ •.1 Print: STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE By: ussadiq Muhamma anage The foregoing instrument was acknowledged before me this 2$ day of� 2018, by Mussaddiq Muhammad as Manager of Harlem Square, LLC who is (personally kno V) or produced identification ( ) type of identification produced Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expires: A 1DREA SMITH NOTAR PUBLIC OF FLORIDA FF150988 s 1111512018 EXHIBIT "A" Amended Grant Agreement AMENDED GRANT AGREEMENT This AMENDED GRANT AGREEMENT ("Agreement") is made as of this day of Aug st, 2018 ("Effective Date") by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), and HARLEM SQUARE, LLC, a Florida Limited Liability Company ("Grantee"). RECITALS A. WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Community Redevelopment Plan, as amended and restated (the "Plan"); and B. WHEREAS, Section 2, Goal 4, at page 11, of the Plan lists the "creati[on ofj jobs within the community", as a stated redevelopment goal; and C. WHEREAS, Section 2, Goal 6, at page 11, of the Plan lists "improving quality of life for residents", as a stated redevelopment goal; and D. WHEREAS, Section 2, Principle 4, at page 14, of the Plan provides that "employment opportunities be made available to existing residents ..."; and E. WHEREAS, Section 2, Principle 9, at page 16, of the Plan provides that "...buildings of architectural merit should be adapted to new needs and creatively reused"; and F. WHEREAS, Section 2, Principle 14, at page 16, of the Plan further provides for "restor[ation] of community and unification of the] area culturally"; and G. WHEREAS, the existing structure located at 173 N.W. 11a' Street, Miami, Florida 33136 ("Property") is in significant need of repair and is a blight in the community; and H. WHEREAS, in response, Grantee has developed "Harlem Square", a supper club/lounge to be located at the Property ("Project"); and I. WHEREAS, on December 29, 2014, the Board of Conntnissioners, by Resolution No. CRA-R-I4- 0076, attached hereto as Exhibit "A", passed and authorized the issuance of a grant, in an amount not to exceed One Million Two Hundred Fifty Thousand Dollars ($1,250,000.00), to the Grantee to underwrite costs associated with the Project; and J. WHEREAS, on March 29, 2018, the Board of Commissioners, by Resolution No. CRA-R-18-0014 attached hereto as Exhibit "B", passed and authorized the issuance of an additional grant, not to exceed Nine Hundred Seventy -Five Thousand Dollars ($975,000.00), to the Grantee to underwrite costs associated with the Project; and K. WHEREAS, pursuant to Resolution No. CRA R-18-0014, the parties wish to enter into this Amended Agreement to set forth the terms and conditions relating to the use of this grant in an amount not to exceed the total of Two Million Two Hundred Twenty -Five Thousand Dollars ($2,225,000.00); and Page 1 of 12 NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, receipt and sufficient of which is hereby acknowledged, the CRA and Grantee agree as follows: 1. RECITALS. The Recitals to this Amended Agreement are true and correct, and are incorporated herein by referenced and made a part hereof. 2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the Grantee the Grant to be used for the purpose and disbursed in the manner hereinafter provided. 3. TERM. The term of this Amended Agreement shall commence on the Effective Date written above and shall terminate upon the earlier of full disbursement of Two Million Two Hundred Twenty -Five Thousand Dollars ($2,225,000.00) or earlier as provided for herein; provided, however, that the following rights of the CRA shall survive the expiration or early termination of this Amended Agreement: to audit or inspect; to require reversion of assets; to enforce representations, warranties and certifications; to exercise entitlement to remedies, limitation of liability, indemnification, and recovery of fees and costs. 4. USE OF GRANT. The Grant shall be used to underwrite costs associated with the renovation of the Project, in accordance with Exhibit "C", attached hereto and incorporated herein. The CRA is not obligated to expend additional funds beyond the approved grant. 5. DISBURSEMENT OF GRANT. a. GENERALLY. Subject to the terms and conditions contained in this Amended Agreement, the CRA shall make available to Grantee up to Two Million Two Hundred Twenty -Five Thousand Dollars ($2,225,000.00). In no event shall payments to Grantee under this Amended Grant agreement exceed Two Million Two Hundred Twenty -Five Thousand Dollars ($2,225,000.00). Payments shall be made to Grantee or directly to vendors on behalf of Grantee, only after receipt and approval of requests for disbursements. b. PRE -APPROVAL OF EXPENSES. Grantee agrees to submit to the CRA all requests for the expenditure of Grant funds for pre -approval by the CRA. Failure to submit said requests prior to incurring expenses may result in the Grantee bearing the costs incurred. The CRA shall review said requests to ensure that the expense sought to be incurred by the Grantee is an expense within the scope of work and budget attached hereto as Exhibit "C" and the CRA reserves the right to deny any and all requests it deems to be outside of the scope and budget. c. REQUESTS FOR DISBURSEMENT OF GRANT. All requests for the disbursement of grant funds by the Grantee shall be certified by the Grantee's authorized representative. All requests for disbursement of grant funds must be in writing and must be accompanied by supporting documents reflecting the use of grant funds and/or expenditures incurred, and that said request is being made in accordance with the Proj ect's approved scope of work and budget and for expenditures incurred during the Term of this Amended Agreement, as reflected in Exhibit "C." For purposes of this Amended Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. The Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Project shall be in the name of the Grantee, and not in the name of the CRA in light of the Grantee's inability to bind the CRA to any legal and/or monetary obligation whatsoever. The CRA retains the right to request additional supporting documentation, or additional explanation for any and all expenses incurred by the Grantee. Grantee's failure to provide additional supporting documentation or additional explanation regarding expenses incurred shall serve as grounds for Page 2 of 12 immediate termination of this Amended Agreement, and the Grantee shall bear the costs associated with any expenditures not approved by the CRA prior to the date of termination. Grantee understands and acknowledges that the CRA shall not disburse grant funds for any expense that has not been previously approved by the CRA in accordance with Section 5(b) above, and that such expenses shall be bome solely by the Grantee. d. CASH TRANSACTIONS PROHIBITED. The parties agree that no payment will be made to Grantee as a reimbursement for any Proj ect-specific expenditure paid in cash. Grantee acknowledges that a cash transaction is insufficient per se to comply with record -keeping requirements under this Amended Agreement. e. NO ADVANCE PAYMENTS. The CRA shall not make advance payments to the Grantee or Grantee's vendors for services not perforated or for goods, materials or equipment which have not been delivered to the Grantee for use in connection with the Project. 6. RESTRICTIVE COVENANT. In consideration for the Grant, Grantee agrees to execute and record a restrictive covenant, in substantially the attached form set forth in Exhibit "D." 7. JOB CREATION DURING CONSTRUCTION. a. SUBCONTRACTOR PARTICIPATION. Grantee shall cause its general contractor to hire not less than twenty percent (20%) of the subcontractors for the Project giving first priority to companies certified as SBE-Construction Services anis by Miami -Dade County pursuant to 10-33.02 of the County Code of Ordinances ("SBE"), whose principal place of business is in the Redevelopment Area, as more particularly described in the Plan, second priority to subcontractors whose principal place of business is in the Redevelopment Area, third priority to SBE firms whose principal place of business is located within the boundaries of the Overtown community, fourth priority to subcontractors whose principal place of business is located within the boundaries of the Overtown community, fifth priority to SBE firms whose principal place of business is located within the City of Miami, and sixth to subcontractors whose principal place of business is located within the City of Miami. b. LABORER PARTICIPATION. Grantee agrees to cause its general contractor and all subcontractors to hire forty percent (40%) of the labor for the construction of the Project from workers residing in the City of Miami giving first priority to workers residing in the Redevelopment Area, which encompasses part of zip code 33136 and second priority to workers residing in the Overtown Community. 8. RESPONSIBLE WAGES AND BENEFITS SCHEDULE. Grantee agrees, pursuant to CRA Resolution, that all employees working on the project must be paid the hourly rate and benefits listed in Miami -Dade County Responsible Wages and Benefits Schedule 2018 set forth in Exhibit "E". Payment to workers shall be made in the form of check, money order or direct deposit. Cash payments are not allowed. The rates paid shall be not less than those contained in the Wage and Benefits Schedule regardless of any contractual relationship that may exist between the contractor and the workers hired to perform under the contract. For any classification of workers, the hourly rate paid must equal the sum of the base rate and the fringe benefit rates listed for that classification in the Wage and Benefits Schedule. Rates paid shall be not less than those contained in the Wage and Benefits Schedule in effect as of January 1st of the year the work is performed. Workers must be paid the appropriate base rate and fringe benefits on the Wages and Benefits Schedule for the classification of work actually being performed without regard to skill. a. REPORT REQUIREMENTS. Grantee shall be required to submit to the Executive Director monthly reports detailing evidence of compliance with the subcontractor participation requirement and the laborer participation requirement ("Participation Report"). The Participation Report shall contain such information as the Executive Director may reasonably require to enable the Executive Director to determine whether the Grantee is in compliance with the subcontractor participation requirement and the laborer participation Page 3of12 requirement. b. DISPUTES. In the event of any disputes between the Executive Director and Grantee as to whether any subcontractor has its principal place of business in the City or whether a laborer resides in the City, and whether the Grantee has complied with the priority requirements, the Executive Director and Grantee shall proceed in good faith to resolve the dispute. In the event the dispute is not resolved within ten (10) days, either party may submit the dispute to the CRA Board of Commissioners for resolution. The decision of the CRA Board of Commissioners shall be binding on the parties. 9. PERMANENT EMPLOYMENT. Grantee shall recruit and retain at least eighty percent (80%) of the work force from the City, giving first priority to individuals who reside in the Redevelopment Area and second priority to individuals who reside in the Overtown Comrm city. Grantee shall consider recruiting candidates from CRA sponsored training programs. Grantee shall provide the Executive Director, with bi-annual reports detailing evidence of compliance with the permanent employment requirement with the first report due one (1) month after receipt of a certificate of occupancy from the City of Miami ("Permanent Employment Report"). The Peiuianent Employment Report shall contain such information as the Executive Director may reasonably require to enable the Executive Director to determine whether the Grantee is in compliance with the permanent employment requirement. 10. COMMUNITY BENEFIT. Grantee shall make the Property available at least once per month for community activities sponsored by the CRA or community based organization(s) designated by the Executive Director at no cost. The CRA or community based organization(s) shall coordinate such activities with the Grantee. 11. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines and other requirements affecting the CRA's activities in issuing the Grant. CRA agrees to provide notice of said guidelines and other requirements to Grantee in advance of requiring compliance with same. Without limiting the generality of the foregoing, Grantee represents and warrants that it will comply and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules and regulations. 12. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained in this Amended Agreement, the CRA shall have the right to take one or more of the following actions: a. Withhold cash payments, pending correction of the deficiency by Grantee; b. Recover payments made to Grantee; c. Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or action not in compliance; d. Withhold further awards for the Project; or e. Take such other remedies that may be legally permitted. 13. RECORDS AND REPORTS/AUDITS AND EVALUATION. c. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This AmendedAgreement shall be subj ect to Florida's Public Records Laws, Chapter 119, Florida Statutes. The parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of the CRA's audit rights in Section 8(c) below, the Grantee acknowledges and accepts the CRA's right to access the Grantee's records, legal representatives' and contractors' records, and the obligation of the Grantees to retain and to make those records available upon request, and in accordance with all applicable laws. The Grantee shall keep and maintain records to show its compliance with this Amended Agreement. In addition, the Grantee's contractors and subcontractors must make available, upon the CRA's request, any books, Page 4 of 12 documents, papers, and records which are directly pertinent to this specific Amended Agreement for the purpose of making audit, examination, excerpts, and transcriptions. The Grantee, its contractors and subcontractors shall retain records related to this Amended Agreement or the Project for a period of five (5) years after the expiration, early termination or cancellation of this Amended Agreement. d. REPORTS. The Grantee shall deliver to the CRA reports relating to the use of the Grant as requested by the CRA, from time to time. Failure to provide said reports shall result in grant funds being withheld until the Grantee has complied with this provision. Thereafter, continued failure by the Grantee in providing such reports shall be considered a default under this Amended Agreement. e. AUDIT RIGHTS. The CRA shall have the right to conduct audits of the Grantee's records pertaining to the Grant and to visit the Project, in order to conduct its monitoring and evaluation activities. The Grantee agrees to cooperate with the CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. f. FAILURE TO COMPLY, The Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete or inadequate information shall be grounds for the immediate termination of this Amended Agreement by the CRA. 14. UNUSED FUNDS. Upon the expiration of the term of this Amended Agreement, the Grantee shall transfer to the CRA any unused Grant funds on hand at the time of such expiration. 15. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. The Grantee represents, warrants, and certifies the following: a. INVOICES. Invoices for all expenditures paid for by Grant shall be submitted to the CRA for review and approval in accordance with the teiins set forth in this Amended Agreement. The Grantee, through its authorized representative, shall certify that work reflected in said invoices has, in fact, been performed in accordance with the Scope of Work and Budget set forth in Exhibit "C". b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Project in accordance with the Scope of Work and Budget set forth in Exhibit "C". All expenditures of the Grant will be made in accordance with the provisions of this Amended Agreement. c. SEPARATE ACCOUNTS. The Grant shall not be co -mingled with any other funds, and separate accounts and accounting records will be maintained. d. POLITICAL ACTIVITIES. No expenditure of Grant funds shall be used for political activities. e. LIABILITY GENERALLY. The Grantee shall be liable to the CRA for the amount of the Grant expended in a manner inconsistent with this Amended Agreement. f. AUTHORITY. This Amended Agreement has been duly authorized by all necessary actions on the part of, and has been, or will be, duly executed and delivered by the Grantee, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein; (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions, or on the date of this Amended Agreement, any other agreement or instrument to which the Grantee is a party; or (iii) contravenes Page 5 of 12 or results in any breach of, or default under any other agreement to which the Grantee is a party, or results in the creation of any lien or encumbrances upon any property of the Grantee. 16. NON-DISCRIMINATION. The Grantee, for itself and on behalf of its contractors and sub- contractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age, disability, or any other protected class prescribed by law in connection with its performance under this Amended Agreement. Furthermore, the Grantee represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, disability or any other member of a protected class be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving fmancial assistance pursuant to this Amended Agreement. 17. CONFLICT OF INTEREST. The Grantee is familiar with the following provisions regarding conflict of interest in the performance of this Amended Agreement by the Grantee. The Grantee covenants, represents and warrants that it will comply with all such conflict of interest provisions: a. Code of the City of Miami, Florida, Chapter 2, Article V. b. Miami -Dade County Code, Section 2-11.1. 18. CONTINGENCY. Funding for this Amended Agreement is contingent on the availability of funds and continued authorization for Project activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, or change in regulations. The CRA shall not be liable to the Grantee for amendment or termination of this Amended Agreement pursuant to this Section. Should authorization, lack of funds, reduction of funds or change in regulations of the grant occur, then Grantee shall be given thirty (30) days of written notice of said change. 19. MARKETING. a. PUBLICATION. In the event the Grantee wishes to engage in any marketing efforts, the Grantee shall, if approved by the CRA in accordance with Section 14(b) below, produce, publish, advertise, disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Project, in all forms of media and communications created by the Grantee for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or interact advertisements or interviews. b. APPROVAL. The CRA shall have the right to approve the form and placement of all acknowledgements described in Section 14(a) above, which approval shall not be unreasonably withheld. c. LIMITED USE. The Grantee further agrees that the CRA's name a-nd logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Amended Agreement. Nothing in this Agreement, or in the Grantee's use of the CRA's name and logo, confers or may be construed as conferring upon the Grantee any right, title, or interest whatsoever in the CRA's name and logo beyond the right granted in this Amended Agreement. 20. DEFAULT. If the Grantee fails to comply with any term or condition of this Amended Agreement, or fails to perform any of the Grantee's obligations hereunder, and the Grantee does not cure such failure within thirty (30) days following receipt of written notice from the CRA that such failure has occurred, then the Grantee shall be in default. Upon the occurrence of such default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to the Grantee, terminate this Amended Agreement whereupon all payments, advances, or other compensation paid by the CRA directly to the Grantee and utilized by the Grantee Page 6of12 in violation of this Agreement shall be immediately returned to the CRA. The Grantee understands and agrees that termination of this Amended Agreement under this section shall not release the Grantee from any obligation accruing prior to the effective date of termination. 21. NO LIABILITY. In consideration for the Grant, the Grantee hereby waives, releases and discharges the CRA, the City of Miami, its officers, employees, agents, representatives, or attorneys, whether disclosed or undisclosed, any and all liability for any injury or damage of any kind which may hereafter accrue to the Grantee, its officers, directors, members, employees, agents, representatives, with respect to any of the provisions of this Amended Agreement or performance under this Amended Agreement. 22. INDEMNIFICATION OF THE CRA. The Grantee agrees to indemnify, defend, protect and hold harmless the CRA and the City of Miami from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") for reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from or in connection with: (i) the performance or non-performance of the services, supplies, materials and equipment contemplated by this Amended Agreement or the Project, whether directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of the Grantee or its employees, agents or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the CRA, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the CRA; or (ii) the failures of the Grantee to comply with any of the paragraphs provisions herein; or (iii) the failure of the Grantee, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Amended Agreement, or any Amendment to this Amended Agreement. Grantee expressly agrees to indemnify and hold harmless the CRA, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Program, as provided above, for which the Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. 23. INSURANCE. Grantee shall, at all times during the term hereof, maintain such insurance coverage as provided in Exhibit "F", attached hereto and incorporated herein. All such insurance, including renewals, shall be subject to the approval of the CRA, or the City of Miami (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled, or materially changed during the performance of the Project under this Amended Agreement without thirty (30) calendar days prior written notice (or in accordance to policy provisions) to the CRA. Completed Certificates of Insurance shall be filed with the CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Grantee shall at any tine upon request by CRA file duplicate copies of the policies of such insurance with the CRA. If, in the reasonable judgment of CRA, prevailing conditions warrant the provision by Grantee of additional liability insurance coverage or coverage which is different in kind, CRA reserves the right to require the provision by Grantee of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Grantee fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following CRA's written notice, this Amended Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, CRA shall pay Grantee expenses incurred for the Project, prior to the date of termination but shall not be liable to Grantee for any additional compensation, or for any consequential or incidental damages. Page 7 of 12 24. PAYMENT AND PERFORMANCE BOND; QUALIFICATION OF SURETY. The Grantee agrees that it shall require that the Contractor selected to perform the work described in Exhibit "C" to furnish a Performance/Payment Bond ("Bond") within fifteen (15) calendar days of being notified of award. The Bond shall contain all the provisions of set forth in the Performance/Payrnent forms attached hereto as Exhibit "G." Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to CRA the completion and performance of the Work covered in the Contract Documents as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project(s). Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that Contractor will, upon notification by CRA, correct any defective or faulty work or materials which appear within one (1) year after Final Completion of the Project(s). The CRA and the City of Miami must be listed as dual obligees on the Bond. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide City with evidence of such recording. Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DER Section 223.10, Section 223.111). Further, the Surety shall provide CRA with evidence satisfactory to CRA, that such excess risk has been protected in an acceptable manner. 25. DISPUTES. In the event of a dispute between the Executive Director of the CRA and the Grantee as to the terms and conditions of this Amended Agreement, the Executive Director of the CRA and the Grantee shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to by the parties to this Amended Agreement. The Board's decision shall be deemed final and binding on the parties. 26. INTERPRETATION. a. CAPTIONS. The captions in this Amended Agreement are for convenience only and are not a part of this Amended Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this Amended Agreement or the scope or intent thereof. b. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the CRA and the Grantee relating to the Amended Agreement. Any promises, negotiations, or representations not expressly set forth in this Amended Agreement are of no force or effect. This Amended Agreement shall not be modified in any manner except by an instrument'ii writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the Page 8of12 masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific items) is deemed to refer to examples rather than to be words of limitation. c. CONTRACTUAL INTERPRETATION. Should the provisions of this Amended Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Amended Agreement. d. COVENANTS. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Amended Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Amended Agreement shall apply throughout the term of this Amended Agreement unless otherwise expressly set forth herein. e. CONFLICTING TERMS. In the event of conflict between the teiuis of this Amended Agreement and any terms or conditions contained in any attached documents, the terms of this Amended Agreement shall govern. f. WAIVER. No waiver or breach of any provision of this Amended Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. g. SEVERABILITY. Should any provision contained in this Amended Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to confoirn with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Amended Agreement shall remain unmodified and in full force and effect. h. TIIIR.D-PARTY BENEFICIARIES. No provision of this Amended Agreement shall, in any way, inure to the benefit of any third party so as to make such third party a beneficiary of this Amended Agreement, or of any one or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto. 27. AMENDMENTS. No amendment to this Amended Agreement shall be binding on either party, unless in writing and signed by both parties. 28. DOCUMENT OWNERSHIP. Upon request by the CRA, all documents developed by the Grantee shall be delivered to the CRA upon completion of this Amended Agreement, and may be used by the CRA, without restriction or limitation. The Grantee agrees that all documents maintained and generated pursuant to this A Amended Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any doctunent which is given by the CRA to the Grantee pursuant to this Amended Agreement shall at all times remain the property of the CRA, and shall not be used by the Grantee for any other purpose whatsoever, without the written consent of the CRA. 29. AWARD OF AGREEMENT. The Grantee warrants that it has not employed or retained any person employed by the CRA. to solicit or secure this Amended Agreement, and that it has not offered to pay, paid, Page 9of12 or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. 30. NON-DELEGABILITY. The obligations of the Grantee under this Amended Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sole discretion. 31. CONSTRUCTION. This Amended Agreement shall be construed and enforced in accordance with Florida law. 32. TERMINATION. The CRA reserves the right to tenninate this Amended Agreement, at any time for any reason upon giving thirty (30) days written notice of termination to Grantee. If this Amended Agreement should be terminated by the CRA, the CRA will be relieved of all obligations under this Amended Agreement. In no way shall the CRA be subjected to any liability or exposure for the termination of this Amended Agreement under this Section. 33. NOTICE. All notices or other communications which shall or may be given pursuant to this Amended Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt or refusal of delivery, whichever is earlier. To CRA: Cornelius Shiver, Executive Director Southeast OvertownlPark West Community Redevelopment Agency 519 N.W. 2' Avenue, 3`d Floor Miami, FL 33136 Email: cshiver@miamigov.com To Grantee: With copy to: Allana R. Woods, Esq., Staff Counsel Email: awoods@niamigov.com Mussaddiq Muhammad, Manager 1029 N.W. 3rd Avenue Miami, Florida 33136 Email: kingofpoultry305 a yahoo.com With copy to: Leonardo D. Starke, Esq., Legal Counsel E-mail: ldstarkeesq@aol.com 34. INDEPENDENT CONTRACTOR. The Grantee, its contractors, subcontractors, employees, agents, and participants in the Program shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or retirement/pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 35. SUCCESSORS AND ASSIGNS. This Amended Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 36. SALE OF THE PROPERTY. From the time of the execution of this Amended Agreement, through five (5) years of the issuance of a Certificate of Completion for the Property, if (i) HARLEM SQUARE, Page 10of12 LLC. enters into a contract to sell the Property and actually closes on the sale of the Property pursuant to such contract, without the consent of the Executive Director of the CRA; or if (ii) fifty percent (50%) or more of the membership interest in HARLEM SQUARE, LLC is transferred to persons or entities which are not existing members of HARLEM SQUARE, LLC, on the date of execution of this Amended Agreement, without the consent of the Executive Director of the CRA, then in either such event HARLEM SQUARE, LLC shall be obligated to repay to the CRA One Hundred Percent (100%) of the amount of the grant received within thirty (30) days of the occurrence of such event. 37. MISCELLANEOUS. a. In the event of any litigation between the parties under this Amended Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. b. Tune shall be of the essence for each and every provision of this Amended Agreement. c. All exhibits attached to this Amended Agreement are incorporated in, and made a part of this Agreement. IN WITNESS WHEREOF, in consideration of the mutual entry into this Amended Agreement, for other good and valuable consideration, and intending to be legally bound, the CRA and the Grantee have executed this Amended Agreement. [Signature pages to follow.] Page 11 of 12 Old;: erk:o:ig B. .oard p ^O •y'n 4 `•ref •. PKO'VED ¥TO FORM AND LPQ , e'8IU` 'IC i MNCY: By: Allana R. Woods, Esq. Staff Counsel WITNESSES: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body , orate created pursuance to ection 163.356 ' orira Statutes orneli Executi APPROVED AS TO INSURANCE REQUIRE S: By: -Mane Sh Interim Director HARLEM SQUARE, LL a Flori'1. Limited Liability Company "Gr.;i tee"): By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page12of12 • ardo D. Starke, Esq. al Counsel EXHIBIT "E" Responsible Wages and Benefits Schedule MIAMI-DADE COUNTY §2-11.18 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" RADEJWORK LEVEL CLASSIFICATION BRICKLAYERS Bricklayer Tile Setter PER HOUR_ -WAGE RACE $ 18.93 $ 16.50 (I) Per hour health benefit includes hospitalization, medical, and life insurance. :.-PER HOUR._ PENSION BENEFIT Scope of work under this trade includes all work perforated in the trade of brick, stone, artificial, cement and marble masonry, plastering, marble, mosaic, terrazzo work, the layer's work, cement or concrete block laying and pointing, caulking, grouting and cleaning of the material used in this work, together with any and all materials, natural or artificial, rough or cultured; whether quarried, manufactured or any substitute or replacement thereof regardless of the method or manner of installation; precast erectors, pool specialist' and roof deck applicators. Also includes the caulking of window frames encased in masonry on brick, stone or cement structure Including all grinding and cutting out on such work. All cork installation and substitute thereof, where cement or other plastic materials are used, when such cork is installed in floors, wall, partitions, roofs and ceiling, including cutting of closures to fill out corners. Page 1 el n MIAM1-DADE COUNTY §2-11.16 CODE OF MIAM1-DARE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" PER}IOUR WAGE RATE PE_ 4pER, HflUR'. LALTI l PENSION =- BENEFIT (1) BENEFIT CARPENTERS Carpenter Foreman (5 or more workers) Foreman (12 or more workers) General Foreman (2 or more foremen) Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section httpi//www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information. 1st 6 month period 2nd 6 month period 3rd 6 month period 4th 6 month period 5th 6 month period 6th 6 month period 7th 6 month period 8th 6 month period $ 22.50 $ 24.30 25.20 26.10 $ 13.95 $ 15.08 16.20 17.33 18.45 19.58 20.70 21.83 4.15 $ 4.00 4.15 4.00 4.15 4.00 -A: 4.15 4.00 t 4.15 $ 4.00 4.15 4.00 4.15 4,00 4.15 4.00 4.15 4.00 4.15 4.00 4.15 4.00 4.15 4.00 (1) Per hour health benefit includes hospitalization, medical, and life Insurance. .98" Acoustic Ceilings The unloading, distribution and installation of all materials and component parts of all types of acoustic ceilings and plenums, regardless of their material composition or method of manner of their installation, attachment or connection, including, but not limited to the following items: all hangers, carrying channels, cross furring, stiffeners, braces, all bars regardless of materials or methods of attachment, all integrated gypsum wall board ceiling heat panels, fill, all main tees, cross tees, splines, splays, wall and ceiling angles or moldings, all backing board and all finish ceiling materials regardless of method of installation excepting acoustic plaster. Doors The unloading, distribution and installation of all prefinished wooden doors, hollow metal doors, overhead or mechanical doors, whether steel, aluminum or plastic and ail supporting systems, Install all hollow metal jambs and hardware on doors whether they be interior or exterior. Floor Covering Carpeting including all measuring, lay -outs, remaking, cutting, fitting, sewing, binding, sizing, laying, stretching, repairing and installation, either by hand or power machine. The installation of resilient flooring to include the laying of all cork, linoleum, asphalt, mastic, plastic, rubber tile, whether nailed or laid in with linopaste, glue, mastic or substitute materials. All wood flooring, whether nailed or laid in mastic. All necessary preparatory work including the scraping, filling of holes, nailing, lay of paper or other underlayments. The sanding or refinishing of all wood floors either by hand or power machine. Page 2 of 33 MIAMI-DADS COUNTY §2.11.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADEjWORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED CLASSIFICkT1ON WAGE RATE HEALTH PENSIO DOLLAR -- _ . BENEFU (1) , .. BENEFIT.. VALUE CARPENTERS. Continued Forms The fabrication and re -fabrication of all forms and dismantling of forms when they are to be reused. This includes removable corrugated metal forming systems and all other patented forming systems. When power rigging is used in the setting or dismantling of forms, and the necessary false work, all handling, rigging and signaling. The setting, leveling and aligning of all templates for anchor bolts for structural members, machinery, and the placing, leveling, bracing, burning and welding for all bolts. The installation of embedded materials where attached to forms and/or embedded materials for machinery. Framing in connection with the setting of bulkhead; fabrication of screeds and stakes for floors and form for articles. The handling of lumber, fabricated forms and form hardware installed by carpenters. The building and moving of all scaffolding for runways and staging. The cutting or framing of openings for piles, conduit, ducts, when they pass through floors, partitions or forms. All rigging, setting, aligning and hand signaling when setting up pre -cast units. Furniture The loading, unloading, handling, dismantling, distribution, erection, stockpiling, refurbishing, and installation of all modular and systems office furniture and ail components parts, new and refurbished. Lathing The prefabricating, erecting, construction, furring, making and erecting of brackets, clips and hangers, wood, wire and metal lath to which plaster -type materials are applied; corner beads, arches erected for. the purpose of holding plaster or cement. The rigging, erecting, staying and fastening in any manner of all pre -cast aggregate panels of all types. All carrying bars, purlins and furring, regardless of size; light iron and metal furring of all descriptions for the receipt of metal lath, rock lath and all light iron when studs are to receive metal lath or rock lath far the application of plaster; and all other light iron furring erected to receive lath and plaster. The nailing, typing and fastening of all wire and metallic lath such as wire cloth, wire rnesh, expanded metal lath, hyrib and flat expanded metal lath and wire of all descriptions as welt as the placing of all hangers to support suspended ceilings or any of the above types of light iron and metal furring which receive lath and plaster; the placing of all types of floor lath, such as hyrib lath, paperback steeltex floor lath, Penn metal rib, etc. The tying, nailing, dipping or fastening, mechanical or otherwise, of all types of lath regardless of size, such as wood lath, plasterboard, button board, flaxilinum board, bishopric, celetex, gypsum lath, foam and Styrofoam, rock lath or any and all other types of material erected to receive or hold plaster. The erection of all metal plastering accessories such as metal corner beads and other plastering accessories which are covered and/or serve as a ground of screed for plaster. Material Procedures The unloading, handling and erection and power rigging in connection with laminated wood arches, trusses and decks. All power rigging and signaling of Carpenters' materials. The operation and maintenance of small air compressors generators, electric or gasoline power motors for the operation of woodworking machinery. The unloading, handling and distribution of materials erected and installed. by carpenters. Al! prefabricated, manufactured and finished materials regardless of packing, shall be unloaded distributed and installed by the Carpenters. This shall include, but not be limited to all forms, templates, bolt, cabinets and all materials normally installed by Carpenters. Underpinning, lagging, bracing, propping and shoring, raising and moving of all building structures of parts thereof by the use of jack, power rigging or other methods shall be the work, This includes the unloading and setting of modular units and all work related thereto. The assembly and erection of pole and pre- engineered buildings. Page 3 et 3 MIAMI-DADE COUNTY §2-1 1.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" CARPENTERS, Continued Railing The installation of all construction of temporary guardrails, barricades and for safety devices. The unloading, handling, distribution, installation and backing necessary for all aluminum, vinyl, plastic or wood handrails and guardrails. Scaffolding The installation of all construction of temporary guardrails, barricades and /or safety devices. The unloading, handling, distribution, installation and backing necessary for all aluminum, vinyl, plastic or wood handrails and guardrails. Sink Tops and Cabinets The unloading, distribution and installation of all sink tops, cabinets, hoods base and wall units. Weather and Spray Protection The fabrication, erection and removal of frames, enclosures of buildings or scaffoldings, the draping of tarps, of tarps, visqueen or similar coverings when secured by wire, nailing, bolting or clamps. The handling and setting up of all temporary enclosures. Windows, Walls and Partitions The installation, erection and/or application of all material component parts of wall and partitions regardless of all materials composition or method or manner of their installation, attachment of connection, including but not limited to the following Items: All floor and ceiling runners, studs, stiffeners, cross bracings, Te-Blocking, resilient channels, furring channels, doors and windows including frames, casing, molding, base, accessory trim items, gypsum drywall materials, the making and installing of all backing for fixtures and welding of studs or other fasteners to receive materials being applied; laminated gypsum systems backing board, finish board, fireproofing of beams and columns, fireproofing of chase, sound and thermal installation materials, fixture attachments including all layout work, preparation of all openings for lighting, air vents or other purposes, ali toilet partitions and insulated translucent wail and ceiling systems, and all other necessary or related work. The erection of exterior metal studs and the installation windows metal or wood and those attached to metal studs. The installation of rockwool, cork, fiberglass, tectum, Styrofoam and other insulation material used form sound of weatherproofing, the renewal for caulking and replacing of staff bead, brick mould and all Oakum, caulking, substitutes and all other caulking in connection there with, and the installation of chalkboards, cork and tack boards. Page 4 of 33 M IAM I -DAD E COUNTY §2-11.10 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 201T "BUILDING CONSTRUCTION" DRYWALL FINISHERS Drywall (Hand Tools) Drywall (Bazooka Box) $ 19.96 $ 20.96 4.60 $ 3.95 F2$ 4.60 3.95 Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Horida Department of Education, Division of Career and Adult Education, Apprenticeship Section - http://www.fidoe.org/workforce/appranticeship. Please see page 6 of the Supplemental General Conditions for more information. 1st 6 months 2nd 6 months 3rd 6 months 4th 6 months 5th 6 months 6th 6 months 7th and 8th 6 months $ 12.97 $ 13.97 14.97 15.97 16.97 17.96 18,96 Per Hour Premiums: $1.00 Chargeperson working up to 5 employees $1.50 Chargeperson working 6 or more employees $1.00 General Foreman above highest paid chargeperson 4.60 $ 1.00 4.60 1.00 4.60 1.00 4.60 1.00 4.60 1.00 4.60 1.00 4.60 1.00 (1) Per hour health benefit includes hospitalization, medical, and life insurance Scope of work under this trade includes but is not be limited to: the preparation or leveling of any surface or substrate which is to receive a coating, finishing and/or wall covering; this will include, but not be limited to, all levels of finishing and/or spackling of all surfaces, including gypsum wallboard taping and finishing, fire taping and all fire stopping systems, glaze coatings, skim coating or any other finishing system, spotting of nails, finishing of corner beads/flex beads. Patching and sanding is within the system of preparing surface for finishes. All stucco and dryvit systems. Page SLIM MIAMI-DADE COUNTY §2.11.16 CODE OF MIAMI-DADS COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" ELECTRICAL WORKERS Electrician - Wireman $ 31.61 $ 6.85 $ 4.58 L$ Electrician - Cable Splicer 32.11 6.85 4.66 Welder 32.11 6.85 4.66 Foreman (2) 34.77 6.85 5.04 General Foreman (22 or more Electricians) 37.93 6,85 5.50 13.04 I3462 46:66 6,28.`°y For projects awarded or bid prior to January 1, 2014 where the electrical portion of the contract is less than $2 million. Electrician - Wiremen Foreman (2) General Foreman (22 or more Electricians) $ 27.15 $ 29.87 32.58 5,85 $ 3.53 5.85 3,88 5.85 4.24 Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. 5. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section - hap/ fwww.fldoe.orgfworlcforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more Information. First year Second year Third year Fourth year Fifth year 15.41 $ 16.29 18.04 19.78 23.71 4.22 $ 2.23 4.22 2.36 4.22 2.62 4.22 2.87 4.22 3.44 Add $1.00 per hour to the per hour wage rate for electricians working in hazardous locations, above or below ground in high places such as silos, hangers, bacon lights, or other similar structures where a free fall of 30 feet or more is possible. (1) Per hour health benefit includes hospitalization, medical, and life insurance. (2) On any job where three (3) electricians are employed, one shall be designated foreman. One (1) additional electrician shalt be designated foreman if there are 10-14 electricians, and one (1) additional for 15-21 electricians. Scope of work under this trade includes but is not be limited to: installation, inspection, operation, maintenance, service; repair, testing or retrofit of all energzed and de -energized electrical power and communications conductors, electrical materials, electrical devices and electrical power distribution equipment, or a part of there which generates, transmits, transforms or utilize electrical energy in any form AC or DC voltages for heat, light or power used in the construction, alteration, temporary power, maintenance, service and repair of public and private premises including building, floating buildings, structures, bridges, street, highway and tunnel work including all signaling, shafts, dams or levees, river and harbor work, airports, mobile homes, recreational vehicles, yards, lots, parking lots, carnivals, tradeshows, events and industrial substations, The installations of electrical conductors and electrical distribution equipment that connect to the supply of electricity, installations used by an electric utility that are not an integral part of a generating plant, substation or control center and ail electrical raceways of whatever form for electrical and communications conductors and fiber optics. Page 6 0E33 MIAMI-DADE COUNTY §2-11.16 CODE OF M1AM1-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADE WORK LEVEL 'CLASS1FICATIOt PERHDUR` WAGE R.4i E • PER I -{OUR HEALTH BENEFIT.{sj PER HOUR_ PENSION BENEFiC ELECTRICAL WORKERS, Continued As related to an electrical system in its entirety, the chasing, channeling, opening and closing of places above and below ground, placement, installation or temporary installation, erection, inspection, operation, welding, maintenance, service, repair, testing or connection of any electrical conductors, electrical lighting fixtures, appliances, instrumentation apparatus, raceway systems, conduit systems , pipe systems, underground systems, cable tray systems, grounding, bonding systems, lightening protection systems, power -generating green technology systems or other systems of renewable energy including- but not limited to photovoltaic, solar, wind turbine, hydro -generation, geothermal or tidal systems, electric vehicle technology, electrical power conductors and communications conductors for energy management systems, electrical power conductors and communications conductors for • building automation systems, railroad, signalman, maintainer and railroad communication, nuclear, or the erection, alteration, repair, modification, splicing, termination of electric transmission lines on•private property, structured cabling systems for transmission of voice, data, video, notification, warning systems, smoke and fire alarm systems, other life safe safety and security systems and appurtenances. The installation of electrical lighting, heating and power equipment, fiber optics, and the installation and connecting of all electronic equipment, including computing machines and devices, monitoring of radiation hazards where such monitoring work is not preempted or performed by an electrical utility, the installation of all temporary power and Tight wiring, high -voltage cable splicing and terminations, breaker testing and the commission and decommission of electrical control systems. Clean, service, repair, replace, operate and adjust high and low voltage switchgear; transformers, conductors, connectors, breakers, fuses and buses. Operations, maintenance and repair of high voltage electrical power connections, circuit protection devices and associated switchgear. APPRENTICE RATIO: Two (2) Apprentices to (1-3) Wiremen, Cable Splicer or Welders. Page of33 M1AMI-DADE COUNTY §2-11.16 CODE O1 MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADE/WORK LgygL pER HOEIR PER HOUR PER,HOUR COMBINED =: CL SSIFFCATTON WAGE RATE HEALTH PENSION DOLLAR BENEFIT (]) BENEEiT ' _ .:VALUE ELECTRICAL WORKERS (ELECTRIC SIGN) Electrician - Wireman Foreman (2) $ 25.50 $ 28.05 6.85 $ 3.57 $ 6.85 3.93 35.92 38.83 Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, In Horida this agency is the Fiorida Department of Education, Division of Career and Adult Education, Apprenticeship Section http://www.fldoe.orgjworkforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information. First Period Second Period Third Period Fourth Period Fifth Period Sixth Period $ 14.39 $ 14.39 15.20 16.83 18.46 22.58 4.22 $ 2.01 4.22 2.01 4.22 2,13 4.22 2.36 4.22 2.58 4.22 3.16 �9E Add $2.00 per hour to the per hour wage rate for Electrician working in high places, seventy-five feet (75`) above the ground floor except safety -guarded swing stage, walkways, or 2 man remote baskets. (1) Per hour health benefit includes hospitalization, medical, and life insurance. (2) On any job where ten (10) Electricians are employed, one shall be designated foreman. Scope of work under this trade includes but is not be limited to: the installation, alteration, dismantling or removing of all Illuminated signs, non illuminated signs or displays, whether luminous tube, light emitting diodes, receptacle, plastic, reflector type, plaques and panels. The installation of all interior neo tubing and light emitting diodes for lighting or decorating all secondary conduit work, flashers, timers or other auxiliary equipment, also the steel structures for the support of signs or displays. In the event of billboards or displays not served from an existing building or group of buildings and which in itself is en Individual entity, having its own service and meter, all such service conduit meter and secondary conduit. Also covered is the service, maintenance and patrolling of all electrical equipment on signs, displays, and tube lighting after they have been erected and in operation. APPRENTICE RATIO: Two (2) Apprentices to one to three (1- 3) Electricians. Page a of 3n MIAMi-DADS COUNTY §2-11.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" IPl_RHOUR . WAGE 'RATE PE3 iiPUR F1=R HOUR LTi1 PENSION _. ENEFIT (1.} .. BENEFIT ELEVATOR CONSTRUCTORS Mechanics Mechanic In Charge $ 41.77 $ 15.28 $ 15.71 46.99 15.28 15.71 ,_ Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section - http:f/www.fidoe.org/workforce/apprenticeshlp. Please see page 6 of the Supplemental General Conditions for more information, Probationary Apprentice/Helper (2) First year Second year Third year & Helpers Fourth year & Asst. Mechanics $ 20.89 $ 15.28 $ 15,71 22.97 15.28 15.71 27.15 15.28 15.71 29.24 15.28 15.71 . 33.42 15.28 15.71 (1) Per hour health benefit includes hospitalization, medical, and life Insurance. (2) Probationary Apprentice/Helper receive health and pension after lst 6 months. APPRENTICE RATIO: One (1) Apprentice to one (1) Mechanic. 188 a8a4 Page 9 of 33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAM1-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADE/WORKLEVEL PERHOUR PERHOUR PERHOUR COMBINED CLASSIFICATION WAGE RATE s .HEALTH PENSION DOLLA•R .BENEFIT (1) >BENEFIi `'" ^VALUE GLAZIERS Glazier $ 16.89 $ 2,69 $ - Scope of work under this trade includes but is not limited to: (1) the installation, setting, cutting, preparing, fabricating, distribution, handling or removal of the following: glass and glass substitutes used in place of glass, pre -glazed windows, retrofit window systems, mirrors, curtain wall systems, window wall systems, suspended glass systems, louvers, photovoltaic and other collections systems, skylights, entranceways including automatic doors, patio doors, store front, column covers, panels and panel systems, glass hand rails, decorative metals as part of the glazing systems for weatherproofing and structural reasons. Art glass, prim glass, beveled glass, leaded glass, automotive glass, protection glass, plate glass, window glass, all types of opaque glass, glass chalk boards, structural glass, tempered and laminated glass, Thiokol, neoprene, all types of insulating glass units, all plastics or other similar materials when used in place of glass to be set or glazed in its final resting place with or without putty, vinyl, molding, rubber, lead sealants, silicone and all types of mastics in wood, iron, aluminum, sheet metal or vinyl sash, doors, frames, stone wall cases, show cases, book cases, sideboards, partitions and fixtures. (2) the installation of the above materials when in the shop or on the job site, either temporary or permanent, on or for any building in the course of repair, remodel, alteration, retrofit or construction; (3) the installation and welding of all extruded, rolled or fabricated materials including, but not limited to all metals, plastic and vinyl, or materials that replace same, metal and vinyl tubes, mullions, metal facing materials, corrugated flat metals, aluminum panels, muntins, fascia, trim moldings, porcelain panels, architectural porcelain, plastic panels, unitized panels, skylights, showcase doors, all handrails and relative materials, including those in any or all types of building related to store front, door/window construction and curtain wall systems; (4) the installation of automatic door entrances, door(s) and window(s) frame assemblers such as patio sliding or fixed doors, vented or fixed windows, shower doors, bathtub enclosures,. storm sash where the glass becomes an integral part of the finished product, including the maintenance of all the above; Page 10 of 33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADE/WORK LEVEL -_ PER HOUR•, PER HOUR PERHOUR. COMBINED 7. LA CSSIFICATION .-' . WAGE RATE _ HEALTH - PENSION DOLLAR .. r .., , . <. BENEFIT 1) BENEFIT VALUE . INSULATORS Be ASBESTOS WORKERS Insulators or Asbestos Workers $ 22.05 $ 7.27 $ 5.15 Foreman 22.55 7.27 5.15 General Foreman (15 or more workers) 23.55 7.27 5.15 Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section - http://www,fldoe.org/workforceiapprenticeship. Please see page 6 of the Supplemental General Conditions for more information. First year $ 13.89 $ 7.27 $ 5.15 $ 8 3i Second year 15.43 7.27 5.15 27 gS �: Third year 17.64 7.27 5.15 30 06 Fourth year 19.84 7.27 5.15 S2 26 Improvers 12.56 0.00 0,00 12 5- Per Hour Premiums: $0.25 for time spent in or on a boatswain chair or swinging scaffold, suspended by caple or ropes. (1) Per hour health benefit includes hospitalization, medical, and life insurance. Scope of work under this trade includes but is not be limited to: the preparation, fabrication, application, alteration, erection, assembling molding, spraying, pouring, mixing, hanging, adjusting, repairing, dismantling, reconditioning, maintenance, finishing and/or weatherproofing of cold or hot thermal, insulation with such materials as may be specified when these materials are to be installed for thermal, fireproofing and acoustical purposes in voids, or to create voids, or on either piping, fittings, valves, boilers, ducts, flues, tanks, vats equipment, or on any cold or hot surfaces for the purpose of thermal control. Preparation and application of all exterior material, excluding factory applied for the purpose of weatherproofing or protection, etc. This is also to include all labor connected with the handling and distribution of thermal insulation materials on the job premises and all other such work for the purpose of thermal control. All exterior material, excluding factory applied for the purpose of weatherproofing or protection, etc, shall be prepared and applied by the Asbestos Workers. This is also to include all labor connected with the handling and distribution of thermal insulation materials on the job premises. It shall also includes fire stopping or fireproofing technicians, & apprentices engaged in the manufacture, fabrication, assembling, molding, handling, erection, spraying, pouring, mixing, hanging, preparation, application, adjusting, alteration, repairing, dismantling, reconditioning, testing, and maintenance of the following, when applied by machine or other application methods of all firestopping materials including, but not limited to: intumescent firestop sealant, intumescent firestop blocks, elastomeric firestop sealant, self -leveling firestop sealant, trowelable firestop compound, firestop collars, composite sheets, putty pads, fire containment pillows, wrap strips, putty sticks, firestop mortar, firestop mastic, refractory ceramic fiber blanket for kitchen exhaust and fire rated duct systems, or other materials used in connection with labor, and to include other fire protection materials such as boots and cable coatings which are connected with the handling or distribution of the above insulating materials, or the repair and maintenance of all equipment, on job premises. Page 11 of 33 MIAMI-❑ADE COUNTY §2-11,16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADE/WORK LEVEL PER1-6OUR PER HOUR PER HOUR COMIBINEp CLASSIFICATION . WAGE RATE �-HEA_LTH PENSION DOLL -: . ,... BEN EST (z} ..: �, IT BENi=F •AR YALLIE INSULATORS & ASBESTOS WORKERS, Continued The types of work shall include but not be limited to: top of wall, curtain wall, fire rated wail penetrations, grease ducts, stairwell pressurization systems, beam, column, and deck fireproofing, application of materials or devices within or around penetrations and openings In ail rated wall or floor assemblies in order to prevent the passage of fire, smoke, or other gases. The application include 'ail components involved in creating the rated barrier at perimeter slab edges and cavities, the head of gypsum board or concrete walls, joins between rated wall or floor components, and sealing of penetrating items and blank openings. The unloading and distribution on the job site of ail insulation material and related material and equipment, the assembling, dismantling of scaffolding and clean up when necessary, APPRENTICE/IMPROVER RATIO: One (1) Apprentice/Improver to two (2) Insulators or Asbestos Workers. A one (1) to one (1) ratio is permitted on overtime hours on job sites requiring the work of only two (2) men. For duct work jobs three (3) Apprentices to (1) Insulator or Asbestos Worker. Page 2 of 3n MIAMI-DADE COUNTY §2-11.16 CODE OF MIAM1-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADE/WORK I,_E VEL,: CLASSIFICATION IRONWORKERS Ironworkers Foreman (2) General Foreman (2) AGE --RATE- $ 24.51 $ 26.96 29.41 5.00 $ 3.38 5.00 3.38 5.00 3.38 2,8S :34 Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. 5. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section - http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information, 1st 6 months - 800 Hours 2nd 6 months - 800 Hours 3rd 6 months - 800 Hours 4th 6 months - 800 Hours 5th 6 months - 800 Hours 6th 6 months - 800 Hours 7th 6 months - 800 Hours 8th 6 months - 800 Hours $ 12.26 $ 13.48 14.71 15.93 17.16 18.38 19.61 20.83 5.00 $ 5.00 5.00 5.00 5.00 5.00 5.00 5.00 Per Hour Premiums: Diving Pay add $40.00 rental plus $5.00 to the Ironworker's wage rate. (1) Per hour health benefit includes hospitalization, medical and life insurance. (2) Required when 2 or more Ironworkers are employed by one employer. When a crew exceeds 12 or more, another foreman is required. A General Foreman is required if three or more Ironworker Foreman are employed en a Scope of work under this trade includes but is not be limited to: erection and installation of all bridges, structural, ornamental, reinforcing, and reinforcing ironwork; which includes but is not limited to the following: reinforcing steel (rebar), post tensioning (cables), structural steel and iron, miscellaneous steel and iron, stairs — joist — decking, curtains and window walls, storefronts — windows, metal doors (manual and electric), glass doors (manual and electric) glass slider doors, screens — fences, tilt walls — prescast — stone, space frames — skylights, pre-engineered metal buildings, cladding covers (all types) column covers (all types), towers — cranes — hoists, standing seam metal roofs, handrails — rails (all types), rigging - - welding, conveyors -- erectors and maintenance, glazing — caulking — sealants and louvers -fixed. APPRENTICE RATIO: One (1) Apprentice to four (4) Ironworkers. Page 13 of 31 MIAMI-DADE COUNTY §2-l1.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" RODE/WORK LEVEL=`. CLASSIFICATIOIti._-;? This classification cannot be used for unskilled employees performing work In other trades OR for employees in other trades that handle their own materials and/or must clean up after their work is performed. Employees must be paid in accordance with the type of work being performed without regard to skill. LABORERS Laborer $ 15.00 $ 3.00 $ 1.92 $_;'° Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section . http://www.fldoe.org/workforce/apprenticeship, Please see page 6 of the Supplemental General Conditions for more information. lst 6 month period 2nd 6 month period 3rd 6 month period 4th 6 month period $ 12.00 $ 12.75 13.50 14,25 3.00 $ 1.92 3.00 1.92 3.00 1.92 3.00 1.92 Per Hour Premiums: Laborer Foremen (4 or more laborers) - $1.00 per hour on top of the highest paid laborers General Foreman (15 or more laborers) - $ 1.50 per hour on top of the highest paid laborers .4z $0.50 Mason and Plasterer Tenders, Concrete Placement-Patchmen and Finish Tenders, Scaffold Builders, Strippers and Wreckers, Electric and Air Hammers, Concrete Grinders, Saws, Coring Machines, Nozzle and Hopper and Mixers, Cutting Torch, Hydro Blasting, Chain Saw. $2.50 Form Builders and Setters, Plaster and Concrete Finish and Repair, Water Sewer and Storm Drain Pipelayers, Asbestos Removal, Hazardous Waste and Lead Removal, Remediation and Handling. Contracts for the inspection of sewer lines for leakage and damage through the use of Closed Circuit T.V. inspections and the simultaneous sealing of leaks or other damage in the lines as the machine inspects the sewer line is covered under the Responsible Wages and Benefits. Contracts for inspection only are not covered. Workers performing on a Closed Circuit T.V. crew should be classified and paid as laborer. The CCTV Operator should receive the $2.50 per hour supplement for Water Sewer & Storm Drain Pipelayers. The rate for the Vactor Trucks Operator Is listed under the Operating Engineers Wage Schedule. (1) Per hour health benefit includes hospitalization, medical and life insurance. Scope of work under this trade includes tending masons, plasterers, carpenters and other building and construction crafts. Tending shall consist of preparation of materials and the handling and conveying of materials. Unloading, handling ,and distributing of all materials, fixtures, furnishings and appliances from point of delivery to point of installation. Cleaning and dearing of all debris. Ageing and curing of concrete, mortar and other materials. Scaffolds - erection, planking and removal. Page 14 ,F 31 Ri4DE WORKLEVEL_ CLASSIFICATION MIAMI-DADE COUNTY §2-11.16 CODE OF IVl!AM1-DADS COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" PER HOUR :' WAGER : PERHOUR HEAL BENEFIT (3. PER HOUR_ PENSION BENEFIT i=,_ This classification cannot be used for unskilled employees performing work in other trades OR for employees in other trades that handle their own materials and/or must clean up after their work is performed. Employees must be paid in accordance with the type of work being performed without regard to skill. LABORERS, Continued Excavations and Foundations, Site Preparation and Clearance, Transportation and Transmissions Lines - Excavation for building and all other construction, digging of trenches, piers, foundations and holes, digging, lagging, sheeting, cribbing, bracing and propping of foundations, holes, caissons, cofferdams, dams, dikes, and irrigation trenches, canals and all handling filling and placing of sand bags connected therewith. Ail drilling, blasting and scaling on the site or along the right of way, as well as al! access roads, reservoirs, including areas adjacent or pertinent to the construction site, installation of temporary lines. Preparation and compacting of roadbeds for highway construction and the preparation of trenches, footings, etc. for cross country transmission or underground lines or cables. On site preparation and right-of-way clearance, for construction of any structures or the installation of traffic and transportation facilities such as highways, pipelines, electrical transmission sines, dam sites and reservoir areas, access roads, etc. Erection, dismainiting and/pr re -installation of all fences. Concrete, Bituminous Concrete and Aggregates - Mixing, handling, conveying, pouring, vibrating, gunniting and otherwise placing concrete or aggregates, whether done by hand or other process. Wrecking, stripping, dismantling and handling concrete forms and falsework. Placing of concrete or aggregrates whether poured, pumped, gunnited, or placed by any other process. All vibrating, grinding, spreedhg, flowing, puddling, leveling and strike off of concrete aggregrates by floating rodding or screeding, by hand or mechanical means prior to finishing. The filling and patching of voids, crevices etc. to correct defects in concrete. Underpinning, Lagging, Bracing, Propping and Shoring; Drilling and Blasting; Signal Men; General Excavation and Grading and Landscaping of all sites for all purposes; and Wrecking. Construction Cleaners, Janitors, Fire Watchers, Hole Watchers, Material Handlers, Graders and Excavators, Escorts and Equipment Monitors, Decontamination Workers, Flaggers and Landscapers, Guardrail and Fence Erectors. APPRENTICE RATIO: One (1) Apprentice to three (3) Laborers. Page 15 of 33 MIAMI-DADE COUNTY §2-11.16 CODE OFMIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" PER HOUR WAGE RATE PEft HOUR PER HOLR HEALTHL.PENSION .BENEFIT (1.): F BENEFIT" ' MILLWRIGHTS, MACHINERY ERECTORS & DIVERS Millwrights, Machinery Erectors Diver (2) $ 30.23 $ 36.52 $ $ 4,15 $ 9.15 4.15 $ 9.15 Per Hour Premiums: $2.00 Foreman (Required if 2 or more Millwrights on job; no Foreman shall supervise more than 10 Millwrights) $3.00 General Foreman (Required If more than one Foreman is required and can serve as a Crew Foreman) .53: 982'' Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section - http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information, 1st Year 2nd Year 3rd Year 4th Year $ 19.65 $ 22.67 25,70 28.72 4.15 $ 9.15 4.15 9.15 4.15 9.15 4.15 9.15 (1) Per hour health benefit includes hospitalization, medical and life insurance, (2) Diver classification applies to any Millwright that performs work beneath the water surface. Scope of work under this trade includes but is not be limited to: installation, assembly, and, when necessary, dismantling machinery in factories, power plants, and construction sites. Diver classification applies to any Millwright that performs work beneath the water surface, Page lB of �3 MIAMI-DADE COUNTY §2-11.I6 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 OPERATING ENGINEERS Group I All Cranes Over 15 Tons Capacity Mechanic I Group I -A All Cranes 160 Ton Capacity & Over Group I-B Oiler/Driver/Flagman Group II Concrete Placing Booms Concrete Pump, Truck Mounted Dragline Drill Rig, Truck Mounted, Watson Class Grader Group IV Dozer Drill Rig, Truck Mounted (Sterling Class) Gradall Front -End Loader Backhoe-Loader Combination Track Hoe/Excavator Skid Steer/Bobcat Pavement Breakers Straddle Buggy/Travel Lift Trenching Machine Mechanic II Weider Group V Batching Plant Boring Machine Concrete Pump, Trailer Mounted Forklift [foists (Electric, Hydraulic, Air) Personnel, Material, Tugger Inside Elevators, Temporary Only Spreading/Finishing Machine "BUILDING CONSTRUCTION" PER HOU[2 WAGE RATE ER .PERZ HOUR: HEALTH PENSION '-BENEFIT (1) BENEFIT" $ 32.05 $ 4.20 $ 4.50 $ 33.05 $ 4.20 $ 4.50 $ 23.50 $ 4.20 $ 4.50 $ 29.00 $ 4.20 $ 4.50 23.75 $ 4.20 $ 4.50 $ 23.25 $ 41.7s_, 2©.` 4.20 $ 4.50 31 95..c Pose 17 of 33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" CLASSIFICATION_ HOUR'. WAGE RATES PE_R.1-IOUR PENSION ". BENEFI' OPERATING ENGINEERS, Continued Group VI Compressor, Above 250 CFM Utility Operator Less than Six (6) pieces of Miscellaneous Equipment Driver, Miscellaneous Trucks Pumps/Dewatering Systems (4 Inch and Over) Roller Scraper Off Road Trucks Tractors Welding Machines, 3 or More Group VII 0ller, Crawler Crane Mechanic's Helper $ 22.10 $ 4.20 $ 4.50 $ 22.75 $ 4.20 $ 4.50 Davis Bacon Vactor Truck $ 14.21 $ - $ U.80.:• Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section - http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information, lst 6 months 2nd 6 months 3rd 6 months 4th 6 months 5th 6 months 6th 6 months 7th 6 months 8th 6 months $ 13.06 $ 14.37 15.68 16.98 18,29 19.60 20,90 22.21 4.20 $ 4.50 4.20 4,50 4.20 4.50 4.20 4.50 4.20 4.50 4.20 4.50 4.20 4.50 4.20 4.50 .g9`ti 30 APPRENTICE RATIO: Three (3) Apprentices to one (1) Operator. Apprentices must be under the supervision of a Opel (1) Per hour health benefit includes hospitalization, medical and life insurance. Page 16 of 33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAMI-DADE COUNT! RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" P1=R HOUR WAG E RA`'i : R HOUR HEALTH -BENEFIT (Ij PER1Fi0 13. BENEFIT PAINTERSIWALL COVERING INSTALLATIONS Painter - Commercial Painter - Industrial $ 16,21 $ 4.30 $ 3.93 20.21 4,60 4.03 8.84 Industrial Rates are used on Water Treatment Plants, Pump Stations, Elevated / Ground Storage Tanks and Communication Towers. Apprentices: NOTE Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. 5. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section - http://www.fldoe.org/workforce/apprenticeship. Pleaso see page 6 of the Supplemental General Conditions for more information. 1st 6 months 2nd 6 months 3rd 6 months 4th 6 months 5th 6 months 6th 6 months 7th and Sth 6 months $ 10.54 $ 11.35 12,16 12.97 13.78 14.59 15.40 4.30 $ 1.00 4.30 1.00 4.30 1.00 4.30 1.00 4.30 1.00 4.30 1.00 4.30 1.00 -. Per Hour Premiums: $1,00 Swing -Stage $2.00 Thermal-Spay/Metalizing $1.00 Charge person working up to 5 employees $1.50 Charge person working 6 or more employees $1.00 General Foreman above highest paid charge person $ .50 Apprentices - steel, swing/stage, tanks, lead/asbestos abatement, power facilities, catalyzed epoxies, urethanes, HIPAC coatings HighwavfParkinQ Lot Striping Only Painter (Highway/Parking Lot Striper) Operator (Spray Nozzleman) $ 12.13 $ 11.16 $ $ $ (1) Per hour health benefit includes hospitalization, medical and life insurance. Scope of work under this trade includes but is not limited to: preparation, application and removal of all types of coatings and coating systems in relation to all painting, decorating, protective coatings, coating and staining of concrete floors and toppings, waterproofing, masonry restoration, fireproofing, fire retarding, metal polishing, refinishing, sealing, lining, fiber glassing, E-Glass fiberglass, carbon fiber, encapsulating, insulating, metalizing, flame spray, the application of Exterior Insulating Finishing Systems; Page 1 B of 99 MIAM1-DADE COUNTY §2-11.10 CODS OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADEIWORKLEVEL 'CLASSIFICATION = - PER, HOUR:, •WAGE RATE PER HOUR HEALTH _ PE_RHOUR : PENSION COhIBINED . . DOLLAR `- t •. :. .- -.= B1=NEFIT(1) -:8 BENEFIT EN AL ,... �::V l3E -.;- PAINTERS/WALL COVERING INSTALLATIONS, Continued Each and all such applications, and similar or substitute applications, on all surfaces, interior and exterior, to include, but not to be limited to: residences; buildings; structures; industrial, power, chemical and manufacturing plants; bridges; tanks; vats; pipes; stacks; light and high tension poles; parking, traffic and air strip lines; trucks; automobile and railroad cars; ships; aircraft; and all machinery and equipment; Any and all material used in preparation, application or removal of any paint, coatings or applications, including, but not limited to: the handling and use of thinners, dryers, sealers, binders, pigments, primers, extenders, air and vapor barriers, emulsions, waxes, stains, mastics, plastics, enamels, acrylics, epoxies, epoxy injection and T-Lock welding, alkalis, sheet rubber, foams, seamless and tile -like coatings, etc.; All preparation for and removal of any and all materials for finishes, such as deep cleaning, patching, all levels of finishing, taping/finishing skim coating, pointing, caulking, high pressure water, chemical and abrasive blasting, environmental blasting, wet/dry vacuum work, chemical stripping, scraping, air tooling, bleaching, steam cleaning, asbestos and lead abatement/removal; mold remediation and vapor barrier systems; The inspection of all coatings and/or coating systems during their applications. WALL COVERING INSTALLATIONS All material applied to wails or ceilings with adhesive, staples, tacks, by stretching or adhered by any other method, including all papers, vinyl, flexible woods, fabrics, borders, metals upholstered wall systems, the fabric covered panels made of plastic/wood or pre -finished products of micro fiberglass, etc., acrovin and various plastic wall coverings such as wainscot, caps, corner moldings and accessories; Any and all preparation of walls and ceilings such as scraping or any methodology for removal of existing materials, Including patching, leveling, skim coating and priming. APPRENTICE RATIO: One (1) Apprentice to three (3) Painters/Wall Covering Installers. Page 20 of 33 MIAMI-DADS COUNTY §2-11.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" 'TRADE WORK LEVEL 1 PER HOUR : PER HOUR PER HOUR: COMBINED - CLASSIFCATION, ._. WAGE RATE' HT ALTH _ - BNEFTT.t) PENSION BENEFITS DOLLAR .VF UE PILEDRIVERS, BRIDGE CARPENTERS & DIVERS Piledrivers and Bridge Carpenters Foreman (3 or less workers) $ 25.20 $ 28.70 Divers (Wet days up to 59' or Dry days) $ 29,65 $ Diver Tenders $ 29.65 $ Foremen (10 or less) $2.00 per hour over the Divers rate Foreman (11 or more workers) - $ 4.00 per hour over the Diver rate 3.51 $ 6.35 3.51 6.35 3.51 $ 6.35 3.51 $ 6.35 .06 3951 3951 Diver Wet Days - The diver and tender must receive the diver rate with a premium pay of $1.00 per hour/ per foot per day for (60'-100'), Over 100' will be negotiated between the diver and the employer, Foreman Wet Days - The foreman must receive the foremen rate with a premium pay of $2.00 per hour/ per foot per day for (50'-100'). Over 100' will be negotiated between the diver and the employer. For Effluent Diving (working in hazardous waters such as waste water treatment plant/tanks, sewer pipes or storm water out fall pipes) the diver and tender must receive 1.5 times the diver and tender base rate and on wet days the diver and tender must also receive a premium pay of $1.00 per foot per day for (60' - 100') and over 100' will be negotiated between the diver and the employer. Penetration: $1.00 per foot per day in excess of 20' after entering an enclosed structure that has no direct path to the surface. Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section http://www.fidoe.org/workforceJapprenticeship. Please see page 6 of the Supplemental General Conditions for more information. 1st year 2nd year 3rd year 4th year $ 15.12 $ 3.51 $ 6,35 A1' 17.64 3,51 6.35 -. 20.16 3.51 6.35 22.68 3.51 6.35 .98' ,SO 0:02 2.54 Per Hour Premiums: $0.50 Certified Welders (1) Per hour health benefit includes hospitalization, medical, and life insurance. Scope of work under this trade includes but is not be limited to: all work historically related to piledrivers, welders, drillers, burners, riggers, divers, bridge, deck and wharf builders, signaling, and highway construction. Such work includes, but is not limited to, the following kinds, classes, or descriptions of work: fabricating, erecting, dismantling, loading, unloading, moving, spotting, and handling of all piledriving equipment on the jobsite; Page 21 of 33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADEJWORKLEYEL PER HOUR 2 PER HOUR. PER HOUR - COMBINED CLASSIFICATION WAGR E ATE HEALTH PENSION DOLLAR } l . ..._• :... BENEFIT (1) :BENEFIT _ - -. VALE) E PILEDRIVERS, BRIDGE CARPENTERS & DIVERS, Continued Jobsite moving and spotting of barges used in connection with piledriving work; anchoring, bolting, boom -tending, bracing, building, burning, capping, caulking, cutting, chipping of all types of piles, dismantling, drilling, erecting, fabricating, fitting, handling, lagging, loading, moving, plumbing, rafting, securing, signaling, spotting, welding, wrapping, and tying back, unloading and removing, all materials of any kind, make, shape or composition, whether prestressed or poststressed concrete, pipe, corrugated shell where power rigging Is used, sand piles, sheet piles, auger cast type piling, wood, plastic, fiberglass, steel or any metal or synthetic which is used or Installed in, or for, the building, construction, alteration, maintenance, or repair of wharfs, bridges, docks, piers, bulkheads, trestles, cofferdams, tunnels, seawalls, seawall caps, boardwalks, deck, and temporary Flotation devices; Pilings used in retaining walls, reservoirs, ditches, canals, spillways, cuts, or in any place where retaining walls are used made of any kind of material, whether temporary or permanent; weights for piers, caissons, and test piles; Foundation work, including all piling, whether cast -in -place, poured -in -place, driven, jetted, augered, pre-augered or placed, and all caisson, drilled shaft and vibro-flotation foundations; The splicing, heading, placing of stringers for frame work, fabrication and placing of wailing, spring and fender lines of any material described above; The driving, vibrating, jetting, sinking, or screwing of all metrials described above, whether by steam, pneumatic, hydraulic, electric, diesel, gravity, or vibratory hammer power; All other work in connection with drilling of any holes, shafts or caissons, for foundation work, spotting, aligning, monitoring, plumbing, and leveling of all drilling equipment whether the drilling is vertical, diagonal, on land or water, and is performed by equipment mounted on trucks, cranes, platforms or barges, or any other kind of mounted or self-contained water or land unit; and the handling, loading, unloading, changing, setting up, repairing, welding, or maintenance of the drilling equipment on the job site. The fabrication and placing of all decking and guards on all docks, wharfs, and piers on the jobsite. Diving: shall be defined as any work performed beneath the water surface, which require individual external life support systems for safe and efficient performance. All underwater construction and reconstruction and the salvage of, and removing of, underwater structures; underwater inspection and repair of hulls, docks, bridges and dams, underwater pipelines, sewages and water systems, underwater suction and discharge lines such as those used at chemical plants, pull mills, and desallnization plants; inspecting, surveying , removing, rescuing, and recovering of all objects below water surfaces; all underwater work necessary on offshore oil platforms permanent or temporary, including all offshore floating drill rights and offshore jack up platforms; all underwater work on pipelines and hookups including oil, gas, water sewage systems; the laying of under water power and telephone cables; offshore marine mining and dredging operations using divers in any phase of tier work; all petroleum, fisheries, oceanographic, research and experimental work, nuclear reactors where the use of divers is necessary; all underwater demdition and blasting work requiring divers. APPRENTICE RATIO: One (1) Apprentice to three (3) Piledrivers or Bridge Carpenters. Page 22 of 33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TR,4DE/WORK LEVEL P R HOUR. PER_ HOUR V ' PER HOUR F COMBINED CLASSIFICATION WAGE RATE r HF LTH ENE (} :PE:E:TIt SEHEFIT n f DOLLAR VALUE • PIPEFITTERS, AIR CONDITIONING & REFRIGERATION R-4 UNLIMITED RESIDENTIAL AND LIGHT COMMERCIAL UP TO 10 TONS Pipefitter, Air Conditioning & Refrigeration $ 18.65 $ 7.10 $ 1.00 .75; R-3 COMMERCIAL AC, REFRIGERATION, ICE MACHINES, SELF CONTAINED AND SPLIT SYSTEMS UP TO 50 TONS Pipefitter, Air Conditioning & Refrigeration $ 22.02 $ 7.10 $ 4.00 33.117': R-2 COMMERCIAL LIMITED, PIPING LIMITED, ALL AC REFRIGERATION, PIPING UP TO 100 TONS Pipefitter, Air Conditioning & Refrigeration $ 27.08 $ 7.35 $ 4.60 R-1 COMMERCIAL UNLIMITED, ALL PIPING SYSTEMS OVER 100 TONS Pipefitter, Air Conditioning & Refrigeration $ 33.83 $ 7.35 $ 4.95 Foreman (2) $ General Foreman $ 38.89 $ 42.26 $ 7.35 $ 4.95 7.35 $ 4.95 ; _$ 9.03 .` 13 -: Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section http://www.fldoe.org/workforcefapprenticeship. Please see page 6 of the Supplemental General Conditions for more information. First Year (without license) First Year (with license) Second year (without license) Second year (with license) Third year (without license) Third year (with license) Fourth year (without license) Fourth year (with license) Fifth year (without license) Fifth year (with license) $ $ 14.45 15.45 15.85 16.85 18.65 19.65 20.34 21.34 25.40 26.40 5.70 5.70 5.70 5.70 5.70 5.70 6.15 6.15 0.35 0.35 0.35 0.35 0.35 0.35 3.29 3.29 3.45 3.45 4.80- 5.80 `.190 290 '4.70 570 433' 0.33 .00 (1) Per hour health benefit includes hospitalization, medical and life Insurance. (2) Foreman required for 5 or more workers; also required on ail jobs 150 tons or over. A foreman may supervise up to 9 Pipefitter, Air Conditioning & Refrigeration Workers. (3) General Foreman required when 3 foreman are required. Scope of work under this trade includes but is not be limited to: All piping, sethng and hanging of all units and fixtures for air conditioning, cooling, heating, roof cooling, refrigeration, Ice making, humidifying, dehumidifying, dehydrating, by any method, and the charging and testing, servicing of all work after completion. - Page 23 of 33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 TRADE WORK LEV£L' CLASSIFICATION t." "BUILDING CONSTRUCTION" WAGE RATE PIPEFITTERS, AIR CONDITIONING & REFRIGERATION, Continued The installation and service of all dreulating water lines when used for the distribution of heat and heat transfer equipment on ornamental pools, commercial and residential pools and spas, display fountains and aquariums. All piping, handling and setting of equipment in connection with central distributing filtration treatment stations, boosting stations, water treatment, waste and sewage disposal plants, central chlorination and chemical treatment work and all underground supply lines to cooling wells, suction basins, filter basins, settling tanks, aeration basins or tanks and lift stations. (This applies to public work when installed or. serviced and would apply to private work after its completion and or under pubic operation.) The handling, assembling and erecting of all economizers, super heaters, regardless of mode or method of making joints, hangers and erection of same, when used in connection with the pipefitting industry. All internal and external piping on boilers, heaters, tanks and evaporators, water legs, water backs and water grates, boiler compound equipment, etc., when in connection with the pipefitting industry. The setting and erecting of all boiler feeders, water heaters, filters, water softeners, purifiers, condensate equipment, pumps, condensers, coolers and all piping for same when used in connection with the pipefitting industry. The setting and erecting of all underfeed stokers, fuel burners and piping, including gas, oil, power fuel, hot and cold air piping and all accessories and parts of burners and stokers, etc., when used in connection with the pipefitting industry. Make-up water supply from main to equipment installed by Pipefitters. Ail meters for measuring a volume of any substance, when used in connection with the pipefitting industry. The setting and hanging of all units or fixtures for ice making when unit must be assembled before operation. (Shipping bolts, grids and other parts are to be removed or put in place.) Ali solar systems, piping and collectors of every description when used in connection with the pipefitting industry. The installation and service of hydraulic or pneumatic door openers when in connection with industrial, manufacturing and commercial applications. Airports included. All gas piping from the main to the meter. All distribution lines. The assembling, erecting, handling and setting of tanks used in connection with the pipefitting industry. The setting, erecting and piping for all smoke consuming and smoke washing and regulating devises, when used in connection with the pipefitting industry. The setting, erecting and piping of instruments, measuring devices, themostatic controls, gauge boards and other controls used in connection with power, heaing, refrigeration, air conditioing, manufacturing, raining and industrial work. The setting and erection of all oil heaters, oil coolers, storage and distribution tanks, transfer pumps and mixing devices and piping thereto, when used in connection with the pipefitting industry. Installations of drain lines from equipment installed by pipefitters where drain lines drop to a safe waste, floor drain, roof, or any open fixture and where drain lines are not directly connected to a sanitary system. Recovery condensate systems in their entirety. The setting, erecting and piping of all cooling units, pumps, reclaiming systems and appurtenances in connection with transformer and piping to switches of every description. The installation and service of vacuum cleaning equipment and piping when used in connection with manufacturing plants, maintenance facilities, airport terminals, post offices, etc. The installation and service of oxygen systems when used In connection with manufacturing, commercial & industrial application. All sheet lead lining for tanks or vats for all purpose, when in the category of industrial work. All piping for railing work and racks of every description, whether screwed or welded when assigned by the Contractor. All power plant piping of every description, as it applies to the pipefitting industry. Page 24 of 33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAMI-DACE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADESzFICAWOREVEL: CLASTK LION PER iOEIR WAGE RATE• PER HHHOUR HEALTH BENEFIT (1) PIPEFITTERS, AIR CONDITIONING & REFRIGERATION, Continued -PER HOUR P NSION BENEFIT The unloading, handling and setting of all sterilizers, laundry and cleaning equipment will be done by composite crew. Steam and oil lines will be done by this trade classficiation. Laying out, cutting, bending and fabricating of all pipe work of every description by whatever mode or method, when used in connection with the pipefitting industry. All acetylene and arc welding, brazing, lead burning, soldered and wiped joints, caulked joints, expanded joints, roiled joints or any other mode or method of making joints used in connection with the pipefitting industry. The laying out and cutting of all holes, chases and channels, the setting and erection of bolts, inserts, stands, brackets, supports, sleeves, thimbles, hangers, conduit and boxes, used In connection with the pipeftting industry. Hangers, supports, brackets requiring off site fabrication may be purchased from miscellaneous metal or structural steel fabricators. The handling and using of all tools and equipment that may be necessary for the erection and installation of all work and materials used in connection with the pipefitting Industry. The operation, maintenance, repairing, servicing, test and balance, and dismantling of all work installed by this trade classification, All soot blowers and soot collecting piping systems, when used in, connection with the pipefitting industry. Ail piping for artificial gases, natural gases, holders and equipment for same, chemicals, minerals and by products and refining of same, when used in connection with the pipefitting industry. All ash collecting and conveyor piping systems, Including ail air washing and dust collecting piping and equipment, accessories and appurtenances and regulating devices, etc., when used in connection with the pipefitting industry. All pneumatic transit tube work and all piping for carrying systems by vaccum. All process piping and equipment for refining, manufacturing, and industrial purposes. The installation and service of all piping systems and equipment with grease pressure lubricating and hydraulic lifts in connection with industrial manufacturing, commerdal and maintenance facilities applications (excluding schools). Service station installations optional pertaining to grease pressure and hydraulic lift installations until assigned. The installation of all related piping, fuel storage tanks and exhaust piping for emergency generators, manufacturing plants, airports, post offices and industrial applications. The installation and service of all air piping and related equipment In connection with manufacturing plants, industrial, airports, post offices, etc. The installation and service of ail fuel oil, gasoline and cleaning solvent piping and related equipment in connection with manufacturing plants, industrial, airports, post offices. Maintenance facilities and service stations optional until assigned. The installation and service of all oxygen and acetylene piping systems and related equipment in connection with manufacturing plants or remote distribution systems and industrial applications. Maintenance facilities and service stations optional until assigned. The setting, erecting and piping of ail cooling towers and evaporative condensers. All work related to the removal and replacement of CFC Refrigerants as mandated by the federal, state and local laws. All work done in the pipefitter industry to comply with any environmental rules or regulations as set forth by federal, state, or local governments. Equipment used on building and construction work In conjunction with the work of the trade, as a time and labor saving device, shall be operated by qualified Employees under this trade classficiation. The operation of pumps, air compressors and welding machines when used in conjunction with work covered by the pipefitters, shall be done by this trade classificiation. The testing and balancing of all piping systems or component parts thereof and solar systems, shall be done by this trade classficiation. Temporary mechanical equipment and air conditioning systems shall be installed and serviced by this trade classficiation. Page 25 of 33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" RADE/woRK LEVEL,pER HOU32 PER FOUR { CL4SSI1 TCATI0N WAGE RATE - IHEALTH :- BENEFIT.{1) -: PIPEFITrERS, AIR CONDITIONING & REFRIGERATION, Continued The unloading and handling from curbstone delivery, all equipment ('Including cooling towers) materials, the erection, installation of all tubing and piping, the setting and hanging of all units and fixtures which are included and necessary to make and complete an air conditioning, refrigeration, heating, piping Installation, and solar installation, including the charging, testing, air and water balancing, servicing and maintenance of same and warranty of same. APPRENTICE RATIO: One (1) Apprentice to one (1) Pipefitter, Air Conditioning & Refrigeration Worker, Page 25 or 33 MIAMI-DADE COUNTY §2-1 1.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADEjWORK LEVEL PER. HOUR PER HOUR PER -TOUR COMBINED CLASSIFICATION WAGE RAVE 3IEALTH PENSION DOLLAR B1=NEFIT (1) BENEFIT - s1 VALUE PLASTERERS AND CEMENT MASONS Plasterers Cement Mason/Concrete Finisher $ 15.05 $ 11.13 (1) Per hour health benefit includes hospitalization, medical and life insurance. Scope of work shall consist of any and all plastering and Concrete finishing. $ Scope of work under the plastering trade includes but is not limited to the application of any type of lathing, scratch and finishing with the entire plastering industry, Stucco, FIFS, Synthetics, etc. Scope of work under the Cement Mason Finishers trade includes but is not limited to: the set-up and finish of any type of concrete including but not limited to, curb and gutter, steps, man -holes, flatwork, slabs structures, and all types of decorative concrete, including all types of stamp concrete, saw cut designs and color chemical (acid) stains. Page 27 or 33 MIAMI-DADE COUNTY §2-I1.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2417 "BUILDING CONSTRUCTION" TRADE/WORK LEVEL PER HOUR_:." PER HOUR PER HOUR ._ COMBINED CLASSIFICATION.. WAGE RATE = HEALTH PENSION DOLi�4R ; BENEFIT (1) ` ._13ENEFI'f :' -VALUE. PLUMBERS Plumbers $ 28.08 $ 5.30 $ 3.74 Foremen (10 or more employees) 32.40 5.30 3.74 General Foremen (16 or more employees) 35.29 5.30 3.74 Apprentices: 44 NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S, Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section - http:/Jwww.fldoe.org/workforcejapprenticeshlp. Please see page 6 of the Supplemental General Conditions for more information. 1st year 2nd year 3rd year 4th year 5th year $ 12.64 $ 14.44 16.48 18.52 21.06 (1) Per hour health benefit includes hospitalization, medical and life insurance. 2.18 $ 3.55 3.67 3.79 3.41 0.50 0.68 0.68 0.68 2,99 54.5 Scope of work under this trade indudes but is not be limited to: the installation of appliances, piping and plumbing fixtures to be done by plumbers, plumbers apprentices and apprentice applicants. Ail job site unloading from tailgate and after, all of the handling and rigging of materials, fixtures, appliances having waste, water or gas connections, tools and equipment, for use in the work covered shall be done by plumbers, plumbers apprentices and apprentice applicants, Also included, where required, cement under tubs and all cementing of pipe supports and columns for piping systems. Ali filling and testing fixtures and pipes as required, including the layout and hook-up of water hoses for tests. Additionally where required: covering of fixtures for protection, grouting of all fixtures and cementing of all plumbing pipe chases and sleeves. Plumber shall mean any person employed by a firm or corporation lawfully licensed to contract for and install work covered by the Plumbing Code of Miami -Dade County. The scope of work shall be, but not limited to as follows: All piping, setting and hanging of all units and fixtures for plumbing systems, water, waste, floor drains, drain gates, supply, leader, soil pipe, grease traps, sewage and vent lines. Ali cold, hot and circulating water lines, piping for house pumps, cellar drains, ejectors, house tanks, pressure tanks, swimming pools, ornamental pools, display fountains, drinking fountains, aquariurns, plumbing fixtures and appliances, and the handling and setting of the above mentioned equipment. All piping in connection with central distributing filtration treatment stations, boosting stations, water and sewage disposal plants, central chlorination and chemical treatment work, and all underground supply lines to cooling wells, suction basin, filter basins, settling basins, and aeration basins or tanks and lift stations on private property. All potable water mains for whatever source, Including branches and fire hydrants, etc. All potable water services from mains to buildings, including water meters and water meter foundations. All piping for pctable water filters, water softeners, water meters and the setting of the same. All meters for measuring a volume of any substance, when used in connection with the plumbing industry. The laying out and cutting of holes, chases and channels, the setting and erection of boats, inserts, stands, brackets, supports and boxes used In connection with the plumbing industry. The handling and using of all tools and equipment that may be necessary for the erection and installation of all work and material used in connection with plumbing. Laying out, cutting, bending and fabricating of all pipe work of every description, by whatever mode or method, when used in connection with the plumbing industry. Page 28 at 33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAMI-DADS COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADE(WORK LEVEL PER HOUR = PER FIOUR PER HOUR COMBINED CLASSIFICATION ,WAGE RATE _ HEALTH PENSION ` ` DOLLAR ':BENEFFIT(f),. .13ENEF1T,. „VALUE PLUMBERS, Continued Prepare and grade trenches either manually or with machines in connection with the plumbing. The setting and hanging of all units or fixtures for ice making when units are complete and ready for operation. All Solar systems, piping and collectors of every description when used. All gas piping on the building side of meter, all piping of air systems Including the assembling, erecting, handling and setting of all equipment used in the systems. The assembling, erecting, handling and setting of tanks, piping of instruments, measuring devices, thermostatic controls, gauges boards and other controls, oil heaters, oil coolers, storage and distribution tanks, transfer pumps and mixing devices and piping thereto. Installation of drain lines from equipment installed by plpefitters where directly connected to a sanitary system and condensate drain as part of system. Down spouts and drainage area soil pipes, catch basins, manholes, drains, gravel basins, storm water sewers, septic tanks, cesspools, water storage tanks, air conditioning and heating drain directly connected to storm drains and condensation systems. The installation and service of vacuum cleaning equipment and piping, vacuum systems and the Installation and service of oxygen systems. All acetylene and arc welding, brazing, lead burning, soldering and wiped joints, caulked, expanded and rolled joints, or any other made or method of making joints in connection with the plumbing industry. Inspections of sewer lines for leak and damages through the use ofvideo camera inspections aand the repairing of any leaks or replacing pipes. Smoke testing on sanitary piping systems and the repairing of damaged pipes; domestic water piping, reclaim water and irrigation water distribution; wate pipe locating and leak detection and reparis of all water services, water distribution, irrigation and reclaim water piping. All reclaim water systems and water harvesting systems installed and maintained by the plumbers including underground tank, above ground tanks, pumps and filters and filtering systems. Page 29 of 33 MIAMI-DADE COUNTY §2-11.1a CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" ROOFERS Roofer (Inlcudes Built Up, Hot Tar, Modified Bitumen, Shake &Shingle, Single Ply, Slate, &Tile Roofs) Roofer: Metal Roof $ $ 13.59 17.10 $ $ $ Scope of work under this trade includes but is not be limited to: Slate and tile roofers shall do all work on the following: All slate where used for roofing of any size, shape or color, including fat or promenade slate, with necessary metal flashing to make watertight. All file where used for roofing of any size, shape or color, and in any manner laid including fat or promenade tile, with necessary metal flashing to make watertight. All asbestos shingles where used for roofing of any size, shape or color, and in any manner, laid with necessary metal flashing to make watertight. All cementing in, or around said slate or tile roof. All laying of felt or paper beneath the above mentioned work. Aft dressing, punching and cutting of all roof slate or tile. All operation of slate cutting punching machinery. Ali substitute material taking the place of slate or tile, as asbestos, slate or tile, cement or composition tile, excepting shingles of wood or metal file. Alt removal of slate or file roofing as defined above where the same is to be re-laid. Composition roofers shall. do all work on the following: All forms of plastic, slate, slag and gravel roofing. All kinds of asphalt and composition roofing. All rock asphalt and composition roofing. All rock asphalt mastic when used for damp and waterproofing. All prepared paper roofing. All compressed paper, chemically prepared paper, and burlap when used for roofing or damp and waterproofing purposes, with or without coating. All damp resisting preparations when applied with a mop, three -knot brush, roller, swab or spray system in or outside or building. All damp course, sheeting or coating en all foundation work. All tarred floors. All laying of tile or brick, when lald in pitch tar, asphalt mastic, marmolite, or any form bitumen. All forms of insulation used as a part of or in connection with roofing, waterproofing or damp proofing. All forms of elastomeric and/or plastic (elasto-plastic) roofing systems, both sheet and liquid applied, whether singly or multi -ply. These shall include but not be limited to: PVC (polyvinyl chloride systems), Butyl Rubber, EPDM (ethylene propylene diene monomer), PIB (polyisobutylene), ,CPE (chlorosulfonated polyethylene), ECB (ethylene -copolymer -bitumen and anthracite dusts,) Also know as modified or plasticized asphalt. MI insulations applied with the above systems, whether laid dry, mechanically fastened, or attached with adhesives, All types of aggregates, blacks, bricks or stones used to ballast these elasto-plastic systems. All types of aggregates, blocks or stones used as a ballast for Inverted Roofing Membrane Assembly. (IRMA) roofs or roofs of similar construction where insulation is laid over the roofing membrane. All sealing and caulking of seams and joints on these elasto-plastic systems to ensure water tightness. All liquid -type elasto-plastic preparations for roofing, damp or waterproofing when applied with a squeegee, trowel, roller or spray equipment, whether applied inside or outside of a building. All sheet -type elasto-plastic systems, whether single or multi -ply for waterproofing either inside or multi -ply for waterproofing either inside or outside of a building. All priming of surfaces to be roofed, damp or waterproofed, whether done by roller, mop, swap, three - knot brush, or spray systems. Ali types of pre -formed panels used in waterproofing (Volclay, etc.) All applications of protection board to prevent, damage to the damp proofing or waterproofing membrane by other crafts or during baddilling operations. All handling of roofing, damp and waterproofing materials. All hoisting of roofing, damp and waterproofing materials. All types of spray- in place foams, such as urethane or polyurethane, and the coatings that are applied over them. All types of restaurant, coatings, mastics and toppings when used for roof maintenance and repairs. All tear -off and/or removal (of any type of roofing), all spudding, sweeping, vacuuming and/or cleanup of any and all areas of any type where a roof Is to be re-laid. Page 30 of 23 MLAM1-DADE COUNTY §2-11.16 CODE OF M1AM1-DADS COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" TRADE/WORK LEVEL RPER HOUR PER HOUR } PER HOUR COMBINED CLASSIFICATION.' <WAGE RATE- HEALTH r PENSION DOLLAR .:_.:' r s... BENEFIT (a.) , BENEFIT; : : .VALUE _ SHEET METAL WORKERS Commercial Sheet Metal Workers Foremen (4 -10 workers) General Foremen (2 or more Foremen) Industrial Sheet Metal Workers Foremen (4 -10 workers) General Foremen (2 or more Foremen) $ 24.00 $ 26.40 27.60 $ 30.96 $ 35,60 37.15 5.50 $ 6.63 5.50 6.63 5.50 6.63 5.50 $ 6.63 5.50 6.63 5.50 6.63 Industrial Rate are used for Garbage Disposal and Water & Sewer Treatment Plants. Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a ' legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of- Career and Adult Education, Apprenticeship Section - http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information. lst 6 months 2nd 6 months 3rd 6 months 4th 6 months 5th 6 months 6th 6 months 7th 6 months 8th 6 months $ 12.00 13.20 14.40 15.60 16.80 18.00 19.20 20.40 $ 5.50 $ 3.32 5.50 3.65 5.50 3.98::-. 5.50 4.31 5.50 4.64 5.50 4.98 5.50 5.30 5.50 5.64 (1) Per hour health. benefit includes hospitalization, medical, dental, and life insurance. Scope of work under this trade includes but is not be limited to; (a) manufacture, fabrication, assembling, handling, erection, installations, dismantling, conditioning, adjustment, alteration, repairing and serving of all ferrous or nonferrous metal work and all other materials used in lieu thereof and of all HVAC systems, air veyor systems, exhaust systems and air -handling systems regardless of materials used including the setting of all equipment and all reinforcements in connection therewith; (b) all lagging over insulation and all duct lining; (c) testing and balancing or all air -handling equipment and duct work; (d) the preparation of all shop and field sketches whether manually drawn or computer assisted used in fabrication and erection, including those taken from original architectural and engineering drawings or sketches; and, (e) installation of proprietary and non proprietary metal roofing. APPRENTICE RATIO: three (3) Apprentices to three (3) Sheet metal Workers. Page 31 of33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" BADE/WORK LEVEL• _ PER HOUR ''PER HOUR -PER HOUR: COMBINED G ASSIFICATION -. WAGE RATE HEALTH pENsIONr LA DOLR _ . ..-- - B IT 1 ' ENEF () B ENE'FZT VAL.0 E SPRINKLER FITTERS Low Commercial: Construction up to 12 stories and all warehouses with unlimited areas. $ 25.73 $ 9,07 $ 8.70 Sprinkler. Fitters Foremen (4 or Tess workers) Foremen (5 or more workers) General Foreman (15 or more workers) Commercial: Construction 13 stories or more, Sprinkler Fitters Foremen (4 or Tess workers) Foremen (5 or more workers) General Foreman (15 or more workers) 27.48 9.07 8.70 27.98 9.07 8.70 29.98 9.07 8.70 $ 26.98 $ 9.07 $ 8.70 28.73 9.07 8.70 29.23 9.07 8.70 31.23 9.07 8.70 .75 . Apprentices: NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information. lst year 2nd year 3rd year 4th year 5th year $ 13.49 $ 14.84 16.19 19.30 21.87 9.07 9.07 9.07 9.07 9.07 $ (1) Per hour health benefit includes hospitalization, medical, and life insurance. 1.25 1.38 1.63 8.08 8.33 Scope of work under this trade includes but Is not be limited to: the installation of ail fire protection and fire control systems including the unloading, handling by hand, power equipment and installation of all piping and tubing appurtenances and equipment pertaining thereto, including both overhead and underground water mains, fire hydrants and hydrant mains, hose houses and hydrants, standpipes and hose connections with sprinkler and alarm systems, also all tanks and pumps connected thereto, but excluding steam fire protection systems. Also, included shall be CO2 and Cardox systems and detection systems, mulsifyre, fog and fog foam, also dry chemical systems. APPRENTICE RATIO: One (1) Apprentice for every two (2) Sprinkler Fitters. Pate 32 oS 33 MIAMI-DADE COUNTY §2-11.16 CODE OF MIAMI-DADE COUNTY RESPONSIBLE WAGES AND BENEFITS SCHEDULE 2017 "BUILDING CONSTRUCTION" RADI WORK 1 1tEL ER HOUR CLASSIFICATION > _ _ .WAGE-2-ATE PERHOUR; ENSIO.N sENEFz s WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. For any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract, the required wage rate shall be the combined overall dollar value on an hourly basis of the "basic hourly rate of pay" (as defined in 29 C.F.R. Section 5.24) and of the fringe benefits payments for hospitalization, medical, pension and life insurance for such class under the United States Secretary of Labor's applicable Davis -Bacon wage determination in effect for Miami Dade County. Questions concerning the comparability of worker classifications or the applicability of Davis -Bacon classification shall be determined by the County. Please Contact: Internal Services Department Small Business Development Division The Stephen P. Clark Center 111 N.W. lst Street - 19th Floor Miami, Florida 33128-1906 Phone Number; (305) 375-3111 Fax Number: (305) 375-3160 Pagel 23 of a3 EXELEBIT "F" Insurance Requirements I. INSURANCE REOUIREMENTS FOR GRANTEE A. COMMERCIAL GENERAL LIABILITY (CGL) with the minimum limits of One Million Dollars ($1,000,000.00)' for each occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability, with a general aggregate limit of Two Million Dollars ($2,000,000.00). Coverage must be afforded on a primary and non-contributory basis and with a coverage form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Products and/or Completed Operations for contracts with an Aggregate Limit of One Million Dollars ($1,000,000.00) per project. 2. Personal and Advertising Injury with an aggregate limit of One Million Dollars ($1,000,000). 3. Additional Endorsements: a. Premises and Operations Liability b. Contingent and Contractual Liability c. Explosive, Collapse, and Underground Hazard 4. Additional Insureds: The following must each be included as additional insureds on the policy affording the aforementioned coverage for the amounts specified above, and each must be issued certificates of insurances reflecting such coverage. a. City of Miami 444 SW 2" Avenue Miami, Florida 33130 Attn: Risk Management b. Southeast Overtown]Park West Community Redevelopment Agency 819 NW 2" Avenue, 3rd Floor Miami, Florida 33136 B. BUSINESS AUTOMOBILE LIABILITY with the minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury and Property Damage Liability. Coverage must be afforded on a foil!' no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Any Auto, Owned Autos, Scheduled Autos, including Hired, Borrowed or Non -Owned Autos 2. Additional Insureds: The following must each be included as additional insureds on the policy affording the aforementioned coverage for the a nounts specified above, and each must be issued certificates of insurances reflecting such coverage. a. City of Miami 444 SW 2"d Avenue Miami, Florida 33130 Attn: Risk Management b. Southeast Overtown/Fark West Community Redevelopment Agency 819 NW 2"d Avenue, 3rd Floor Miami, Florida 33136 C. WORKER'S COMPENSATION (if applicable) insurance for the payment of compensation and other benefits in accordance with the Workers' Compensation Law, Chapter 440, Florida Statutes, and all applicable federal laws, for the coverage of occupational injury or disease suffered by Grantee's employees. Additionally, the policy(ies) must include a waiver of subrogation. D. EMPLOYER'S LIABILITY shall be provided in amounts not less than One Million Dollars ($1,000,000.00) per accident for bodily injury caused by an accident; One Million Dollars ($1,000,000.00) for each employee for bodily injury caused by disease; and One Million Dollars ($1,000,000.00) policy limit for bodily injury caused by disease. E. UMBRELLA POLICY (EXCESS FOLLOWING FORM/TRUE EXCESS FOLLOWING FORM/TRUE UMBRELLA). Said policy shall be for Bodily Injury and Property Damage liability with limits of One Million Dollars ($1,000,000.00) for each occurrence and an aggregate limit of One Million Dollars ($1,000,000.00). Said policy shall also include excess coverage over the policies for Commercial General Liability, Business Automobile Liability, and Employer's Liability. The following must each be included as additional insureds on the policy affording the aforementioned coverage for the amounts specified above, and each must be issued certificates of insurances reflecting such coverage. a. City of Miami 444 SW 2"d Avenue Miami, Florida 33130 Attn: Risk Management b. Southeast OvertownlPark West Community Redevelopment Agency 819 NW 2"d Avenue, 3rd Floor Miami, Florida 33136 F. CONDITIONS. The above policies shall provide the CRA and the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. The required Certificates of Insurance referenced above shall name the types of policies provided, refer specifically to this Agreement, and state that such insurance is as required by this Agreement. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: 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. The CRA's Risk Administrator or his/her authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the design build firm or applicable subcontractor, The Grantee shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the construction costs of the design build contract value as necessary. For insurance bonding issues and decisions, the CRA shall act through its Risk Administrator (unless otherwise stated). I. INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE — CONSTRUCTION PHASE A. COMMERCIAL GENERAL LIABILITY (CGL) with the minimum limits of One Million Dollars ($1,000,000.00) for each occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability, with a general aggregate limit of Two Million Dollars ($2,000,000.00). Coverage must be afforded on a primary and non-contributory basis and with a coverage form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: I. Products and/or Completed Operations for contracts with an Aggregate Limit of One Million Dollars ($1,000,000.00) per project. 2. Personal and Advertising Injury with an aggregate limit of One Million Dollars ($1,000,000), 3. Additional Endorsements: a. Premises and Operations Liability b. Contingent and Contractual Liability c. Explosive, Collapse, and Underground Hazard 4. Additional Insureds: The following must each be included as additional insureds on the policy affording the aforementioned coverage for the amounts specified above, and each must be issued certificates of insurances reflecting such coverage. a. City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Attn: Risk Management b. Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, Florida 33136 B. BUSINESS AUTOMOBILE LIABILITY with the minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Any Auto, Owned Autos, Scheduled Autos, including Hired, Borrowed or Non -Owned Autos 2. Additional Insureds: The following must each be included as additional insureds on the policy affording the aforementioned coverage for the amounts specified above, and each must be issued certificates of insurances reflecting such coverage. a. City of Miami • 444 SW 2nd Avenue Miami, Florida 33130 Attn: Risk Management b. Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, Florida 33136 C. WORKER'S COMPENSATION (if applicable) insurance for the payment of compensation and other benefits in accordance with the Workers' Compensation Law, Chapter 440, Florida Statutes, and all applicable federal laws, for the coverage of occupational injury or disease suffered by Grantee's employees. Additionally, the policy(ies) must include a waiver of subrogation. D. EMPLOYER'S LIABILITY shall be provided in amounts not less than One Million Dollars ($1,000,000.00) per accident for bodily injury caused by an accident; One Million Dollars ($1,000,000.00) for each employee for bodily injury caused by disease; and One Million Dollars ($1,000,000.00) policy limit for bodily injury caused by disease. E. UMBRELLA POLICY (EXCESS FOLLOWING FORM/TRUE EXCESS FOLLOWING FORM/TRUE UIVIBRELLA). Said policy shall be for Bodily Injury and Property Damage liability with limits of Two Million Dollars ($2,000,000.00) for each occurrence and an aggregate limit of Two Million Dollars ($2,000,000.00). Said policy shall also include excess coverage over the policies for Commercial General Liability, Business Automobile Liability, and Employer's Liability. The following must each be included as additional insureds on the policy affording the aforementioned coverage for the amounts specified above, and each must be issued certificates of insurances reflecting such coverage. a. City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Attn: Risk Management b. Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, Florida 33136 G. BUILDER'S RISK insurance covering interests of the .CRA, the Grantee, individual property owners, the design build firm, and subcontractors in the construction work then being performed an the Project. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage, including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the construction work then being performed for all perils, and 5% of wind damage, including flood damage, Twenty Five Thousand Dollars ($25,000) for AOP coverage extensions included for each occurrence, which will be the responsibility of the design builder. The Builders Risk insurance shall be maintained until final acceptance of the work by the CRA. The Builders Risk insurance shall be written in the amount of the completed value of the construction costs of the Project, within no coinsurance provisions. The Builders Risk insurance shall be primary insurance with respect to the CRA. Any insurance, self-insurance, or insurance pool coverage maintained by the CRA shall, be excess of the design builder's insurance and shall not contribute with it. The following must each be included as additional insureds/loss payees on the policy affording the aforementioned coverage for the amounts specified above, and each must be issued certificates of insurances reflecting such coverage. The Grantee shall require the design build film to fiirnish a certificate of insurance evidencing said coverage within fifteen (15) calendar days of beginning construction. a. City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Attn: Risk Management b. Southeast OvertownlPark West Community Redevelopment Agency 819 NW 2nd Avenue, 3`d Floor Miami, Florida 33136 IL OWNERS AND CONTRACTOR'S PROTECTIVE with the minimum limits of One Million Dollars ($1,000,000.00) for each occurrence, with a general aggregate limit of One Million Dollars ($1,000,000.00). I. CONDITIONS. The above policies shall provide the CRA and the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. The required Certificates of Insurance referenced above shall name the types of policies provided, refer specifically to this Agreement, and state that such insurance is as required by this Agreement. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: 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. The CRA's Risk Administrator or his/her authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the design build firm or applicable subcontractor. The Grantee shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the construction costs of the design build contract value as necessary, For insurance bonding issues and decisions, the CRA shall act through its Risk Administrator (unless otherwise stated). DaMIT "G" Payment Bond and Performance Bond FORM OF PAYMENT BOND BY THIS BOND, We , as Principal (hereinafter referred to as "Contractor and , as Surety (hereinafter referred to as "Surety"), are bound to the (hereinafter referred to as "Obligee"), in the amount of Dollars {$ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Contractor has entered, or is about to enter into a certain written contract with the Obligee, dated the .day .of ,. 20 , which Contract .Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and. other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays Obligee all losses, liquidated damages,: expenses, costs and attorney's fees including appellate proceedings, that Obligee sustains because of :default by Contractor under the Contract; and 2. Promptly makes payments to all claimants. as defined by Florida Statute 255.05(1) for all labor; materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTORS OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER., TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is net in privity with Contractor and who has not received payment .for its labor, materials, or supplies shall., within forty-five (45) days after beginning to furnish' labor, materials, or supplies for the prosecution of the Work, furnish to Contractor .a notice that he intend§ to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment fot its labor, materials, or supplies shall, within ninety (90)- days .after performance of the labor or after complete delivery of -the materials or supplies, deliver to Contractor and to the Surety; written notice of the perfonuance of the labor 'or -delivery of the Materials' or supplies and of the noripayntent. 2.3. No action for the labor, materials, or supplies inay be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2,2) have been given. 2.4. Any action under this Bond must be instituted in accordance With the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95.11, Florida Statutes. The Surety hereby waives notice of .and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and seated this day of , 20 Signed and Sealed in the Presence of [Corporate Title] (Principal Place of Business.: Address) By: (SEAL) Signed and Sealed in the Presence of: [Name of SURETY] [Attorney -in -Fact for SURETY] By: (Principal Place of Business Address) [Name of PRINCIPAL] Note: Power of attorney and certification of authority for .issuance and current status thereof for Attorney -in -Fact and for surety company inust be attaches). Surety must be licensed to transact business in the State of Florida. DUAL OBLIGEE RIDER (Payment Bond) To be attached to and form part of Payment Bond No. , executed concurrently with this rider, it is agreed that: Surety and. , Principal, for valuable consideration, hereby agree that the Payrneut Bond executed in favor of the Obligee, in connection with a contract for: which bondand contract ate made a part of hereof by reference,, shall now include as an additional Obligees: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, 819 N,W. 2nd Avenue,. 3rd Floor, Miami, FL 33136 and THE CITY OF MIAMI, 444 S.W. 2nd Avenue, Miami, FL 33130 (Dual Obligee)_ The Surety shall not be liable under this bond to the Obligees, or either of them, unless the said Obligees, or either of them, shall make payments to the Principal or to the Surety, in. case the Surety avenges for the completion of the contract upon default of the Principal, strictly in accordance with the terms of said contract as to payments, and shall perform all the other obligations to be _performed under said contract at the time and in the manner therein set forth. 111 no event shall the Surety .be liable in the aggregate to both Obligees for more than the penal °sum of its Payment Bond, riot shall it be liable except for a single payment for each single breach or default. At the Surety's election, any payment die to either Obligee may be made by its check issued jointly to both. WITNESS the following signatures and seals this Attest: Attest: Attest: of 20 By:. (Surety) By: (Principal) By: (Obligee) By: (Dual Obligee) FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal (hereinafter referred to as "Contractor"), and , as Surety (hereinafter referred to as "Surety"), are bound to (hereinafter referred to as "Obligee'-'), in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, a dihin istrators, successors and assigns, jointly and severally. WHEREAS, the Contractor has entered, or is about to enter into a certain written contract with the Obligee, dated the day of , 20 , which Contract Documents are by -reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and. other damages identified, arid for the purposes of this Bond are hereafter referred to as the "Contract" TIE CONDITION OF THIS BOND is that if Contractor: 1. Perfonns the Contract between Contractor and Obligee for construction of , the Contract being made a part of this Bond by reference, at the tunes and in the Manner prescribed in.the Contract; and 2. Pays Obligee all losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that Obligee sustains as a result of default by Contractor under the Contract; and 3- Performs the guarantee of all Work and materials fiirnished .under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by Obligee to be, in default under the Contract, Obligee having pet-ferrned Obligee obligations hereunder, the Surety may promptly remedy The default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if Obligee elects, upon determination by Obligee and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and Obligee, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under Phis paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The tern. "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Obligee to Contractor under the Contract and any amendments thereto, less the amount properly paid by Obligee to Contractor. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE SURETY'S OBLIGATIONS HEREUNDER INCLUDE, BUT ARE NOT LIMITED TO, THE OBLIGATION TO PAY ANY AND ALL LIQUIDATED DAMAGES FOR DELAY OR ACTUAL DAMAGES FOR DELAY SUFFERED OR INCURRED BY THE OBLIGEE AS A RESULT OF THE PRINCIPAL'S OR THE SURETY'S FAILURE TO COMPLETE THE CONTRACT WITHIN THE CONTRACT TIME. This Bond is furnished pursuant to the requi enients of Section 255.05, Florida Statutes, and the noticeand time limitation provisions of said Section shall .apply to this Bond, No right of action shall accrue on this bond to or for the use of any person or corporation other than Obligee named herein, The Surety hereby waives notice of and. grew that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. [Balance of this page intentionally left blank.] IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in - fact, this day of , 20 . Signed and Sealed in the Presence of [Tame of PR1 ICIPAL] [Corporate Title] (Principal Place of Business Address) Signed and Sealed in the Presence of: [Attorney -in -Fact for SURETY] (Principal Place of Business Address) By: (SEAL) [Name of SURETY] By: Note: Power of attorney .and certification. of authority for issuance and current status thereof for Attorney -in -Fact and for surety company must be attached. Surety must be licensed to transact business in the State of Florida. DUAL OBLIGEE RIDER (Performance Bond) To be attached to and for7n part of Performance Bond No. , executed concurrently with this rider, it is agreed that: consideration, hereby agree that the Performance Dond executed in favor .of the Obligee, in connection with a , Surety and , Principal, for valuable contract for: which bond and contract are made a part of hereof by reference, shall now include as an additional Obligee: (Dual Obligee), SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, 819 N.W. 2nd Avenue, 3rd Floor, Miami., FL 33136 and THE CITY OF MCAMI, 444 S.W. 2nd Avenue, Miami, FL :3 313 0 (Dual Obligee) . The Surety shall not be liable under this bond to the Obligees, or either of them, lmless the said Obligees, or either of them, shall .make. payments to the Principal or to the Surety, in case the Surety arranges for the completion of the contract upon default of the Principal, strictly in accordance with the terms of said contract as to payments, and shall perform all the other obligations to. .be performed under said contract at the tune and in the manner therein set forth. In no event shall the Surety be liable in the aggregate to. both Obligees for more than the penal sum of its Performance Bond, not shall it be liable except for a single payment for each single breach or.default. At the Surety's election, any payment due to either Obligee may be made by its check issued jointly to both. WITNESS the following signatures and seals this Attest: Attest: Attest: f 20 . By: (Surety) By; (Principal) By: (Obligee) By: (Dual Obligee)