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HomeMy WebLinkAboutExhibit 2THIS AGREEMENT, made and entered into this day of , 2007 by and between the City of Miami, Florida, a municipal corporation, hereinafter called the City, and CH2M Hill Constructors, Inc., a Delaware Corporation, hereinafter called Contractor. WITNESSETH: A. WHEREAS, the City issued a Request for Letters of Interest ("RFLI") No. 05-06- 090 to develop a short-list of qualified firms and a Request for Proposals ("RFI") No. -05-06- 090to enter into competitive negotiations for the provision of Environmental Seryioes ("Services") for the dredging of Wagner Creek and Seybold Canal Project and based on the submittals submitted by the Contractor ("Submittals"), in response thereto, Contractor was selected for the provision of said Services. The RFLI, RFI and the Submittals are sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference expressly incorporated into and made a part of this Agreement as if set forth in full. B. WHEREAS, the City, through action of the City Commission, has selected the Contractor in accordance with the applicable provisions of the City Procurement Ordinance, to provide the services as described herein by Resolution No. 07- , adopted September 13, 2007 and authorized the City Manager to negotiate this Agreement NOW THEREFORE, in consideration of the mutual covenants and compensation set forth herein the City and Contractor agree as follows: Section 1 - Terms and Conditions 1. DEFINITIONS Whenever the following terms or pronouns in place of them appear in the Agreement, the intent and meaning shall be interpreted as follows: Agreement means this document, the RFLI, RFLI, Proposal addenda, and all of the Contractor's Submittals, and any additional documents the submission or approval of which is required by the Agreement. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Agreement and the Procurement Ordinance of the City. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, City's performance is pursuant to the City's capacity as owner of the Project. For the purposes of this Agreement, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the governing and legislative body of the City. City Manager means the Chief Administrative Officer of the City. Construction Change Directive means a written directive to effect changes to the Work, issued by the City. Agreement Price means the original amount negotiated and awarded by the City. Project Manager means the individual designated by Contractor as its lead representatives to the City whom shall have the authority to obligate and bind Contractor and to act on all matters on its behalf. Consultant's Initials City's Initials PanA9ni9� Agreement Time means the time period defined in this Agreement for the Contractor to complete the Project. City Project Manager means an employee or representative of the City assigned by the Director to manage and monitor the Work to be performed under this Agreement. Contractor means CH2M Hill Constructors, Inc., or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Agreement to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. Corps of Engineers means the United States Army Corps of Engineers Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Agreement for the Work, which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Agreement affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project site disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Agreement after receipt of written Notice to Cure from the City identifying the deficiencies and the time to Cure. DERM means the Miami -Dade County Department of Environmental Resource Management. Director means the Director of the Department of Capital Improvements and Transportation or designee, who has the authority and responsibility for managing the Project under this Agreement. FDEP means the State of Florida Department of Environmental Protection. Field Directive means a written approval for the Contractor to proceed with Work requested by the City, which is minor in nature and should not involve additional cost. Final Completion means the date certified by City in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Agreement have been received by City; any other documents required to be provided by Contractor have been received by City; and to the best of City's knowledge, information and belief ' the Work defined herein has been fully completed in accordance with the terms and conditions of the Agreement. Inspector means an authorized representative of City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. Materials mean goods or equipment incorporated in this Project, or used or consumed in the performance of the Work. Notice -To -Proceed means a written letter or directive issued by the Director or City's Project Manager acknowledging that all conditions precedent have been met and directing that the Contractor may begin Work on the Project or a specific task of the Project. Project means the Work described in the Agreement. Project Initiation Date means the date upon which the Agreement Time commences. Punch List means a compilation of items of Work required to be performed by, or through the Contractor prior to Final Completion and payment. Consultant's Initials City's Initials Pane of 2 Request For Information (RFI) means a request from the Contractor seeking an interpretation or clarification relative to the Agreement arjd/or the Work Risk Administrator means the City's Risk Management Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Subcontractor means a person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Agreement, but does not include one who merely furnishes Materials not so worked. Submittals mean documents prepared by, the Contractor or those working on its behalf to show required by the City or other regulatory agencies necessary for the completion of the Work under this Agreement. Work means the services required by the Agreement, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations: The Work may constitute the whole or a part of the Project, as applicable. 2. SCOPE OF WORK Contractor hereby agrees to furnish all labor, materials, equipment, services and incidentals necessary for the assessment and permitting required for dredging by DERM, FDEP, and the Corps of Engineers. The Work to be performed includes: 1. Wagner Creek from NW 20'h Street to NW 11'h Street, 2. Seybold Canal from NW 1191 Street to the Miami River 3. CONTRACT OPTIONS The City at its sole discretion may exercise an option Phase II which encompasses the dredging of Wagner Creek and the Seybold Canal. . Should the City elect to exercise the option to complete Phase II, the City will enter into' an Amendment to this Agreement pursuant to the authority granted to the City Manager by Resolution No. 07- adopted on September 13, 2007 which shall be subject to the availability of funding. If the City desires to exercise the Phase II, the City will enter into negotiations with the Contractor for the purposes of entering into a supplemental agreement to this Agreement which shall include additional contractual terms and conditions specific to the supplemental agreement, increase the Scope of Work to reflect the requirements of Phase II, and itemize the cost for the work. Such negotiations will be reflected in the supplemental agreement(s) to the Agreement, which will be subject to the approval of the City Manager and the City Commission. 4. INTENTION OF CITY It is the intention of City to describe in this Agreement the Project to be completed in accordance with the Agreement and in accordance with all codes and regulations governing all the Work to be performed under this Project. Any work, materials or equipment that may reasonably be inferred from the Agreement as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in Consultant's initials City's Initials Pane 4 of 2 effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Agreement. 5. ,' CONTRACT TIME The Director shall issue a Notice of Award to the Contractor upon approval of the award by the City Commission and execution of the Agreement by the City Manager. The receipt of prior approval from DERM for commencement of the Work, and any other document determined to be necessary by the City Manager are conditions precedent to the mobilizing on the Project site and commencement of the Work. The Contractor shall submit all necessary documents required by this provision within the time agreed to by the City's Prpject Manager and the Contractor at the pre -construction meeting. Contractor shall not commence any Work under this Agreement until the City has issued a Notice to Proceed. The Contractor shall notify the City and DERM forty-eight (48) hours prior to the commencement of Work. Time is of the essence throughout this Agreement. The Work shall be completed within XXX (XXX) calendar days from the issuance of the Notice to Proceed. . 6. CONTRACT VALUE Contractor will perform the above Scope of Work for an amount not to exceed $917,381. This shall be a Firm Fixed Price and the Contractor shall not be entitled to any additional compensation for any requirements necessary to obtain the environmental approvals mandated by DERM, FDEP, Corps of Engineers, the City or other regulatory agency, or where the City makes changes in the Scope of Work or the Contract Terms and Conditions. Payments shall be made for Work based on Article 9, Progress Payments. 7. LABOR AND MATERIALS Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person •or anyone not skilled in the work to which they are assigned. 8. PROGRESS PAYMENTS Contractor shall make monthly Application for Payment for Work completed during the Project based on the completion of established benchmarks. A 10% retainage on each payment will be held until all required permits have been obtained as required by this Agreement and the Work has been completed to the City's satisfaction. Contractor's Application for Payment shall include a partial release of liens relative to the Work, which is the subject of the Application for Payment and any other information required by the City. Contractor shall also submit an updated Project Schedule reflecting the current status against the accepted baseline Project Schedule. Each Application for Payment shall be submitted in triplicate to City's Project Manager for approval. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: Consultant's Initials City's Initials Pane 5 of 7R • Defective Work not remedied. ■ Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. • Failure of Contractor to make payments properly to Sub -Contractors for materials, equipment, or labor. ■ Failure of Contractor to provide any and all documents required by the Agreement by DERM, FDEP or the Corps of Engineers. 9. PAYMENTS Payment of an approved Application for Payment approved by the Director or designee shall be made within thirty (30) days after receipt:of Contractor's Application for Payment by the City, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow aproper audit of expenditures, sh9uld the City require one to be performed. 10. PRIORITY OF PROVISIONS ' Where there exists a conflict or inconsist'ncy between any term, statement, requirement, any document or requirement incorporated b reference, or provision within the Agreement, or incorporated , or any event referred to her in the following order of precedence shall apply: 1. The latest revision to the Agreement shall govern over the Agreement. 2. The Contractual Terms and Conditions shall govern any documents or requirements incorporated by reference. 1 3. The Contractual Terms -and Conditions shall govern any documents or requirements of the RFLI, RFI and any subsequent information provided to the City as part of the competitive negotiation process. 4. Regulatory requirements shall supersede requirements contained in the Agreement. 11. SUPERINTENDENCE AND SUPERVISION Contractor shall keep on the Project during' its progress, a full-time competent English speaking Principal -in -Charge and Project Manager, and any necessary assistants. The Contractor's Principal -in -Charge and Project Manager shall not be changed except with the written consent of City, unless the Contractor's Project Manager proves to be unsatisfactory to Contractor or ceases to be in its employ. The Contractor's Principal -in -Charge and Project Manager shall represent Contractor and all directions given to the Contractor's Project Manager shall be as binding as if given to Contractor and will be confirmed in writing by the Contractor's Principal in Charge. Contractor shall give efficient supervision to the Work, using its best skill and attention. The City shall be provided telephone number(s) for the Contractor's Project Manager where the superintendent can be contacted during normal working hours as well as after hours for emergencies. Contractor's Project Manager shall record,' at a minimum, the following field information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of the City, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily field log in indelible ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City. Consultant's Initials City's Initials Parts8rtf9:i Contractor and the City's Project Manager'shall hold progress meetings as deemed necessary by the City to ensure the timely completion pf the Work. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Agreement. Qontractor shall be solely responsible for the means, methods, techniques, sequences and procedures required to complete the Work. 12. NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, electronic mail, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until Changed. For the present, the parties designate the following: For City: Gary Fabrikant Assistant Director -Capital Improvement and Transportation 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 With copies to: (PM's name to be inserted) Department of Capital Improvements and Transportation City of Miami 444 SW 2"d Ave., 8th Floor Miami, Florida 33130 For Contractor: r 13. INDEMNIFICATION Consultant shall hold harmless, indemnify and defend City, its officials and employees from any and all claims, losses and causes of actions which may arise out of the performance of this Agreement as a , result of any act of negligence or negligent omission, recklessness, or intentionally wrongful conduct of Consultant or its Sub - consultants. Consultant shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all Project related suits, in the name of City when applicable, and shall pay all costs, including without limitation reasonable attorney's and appellate attorney's fees, and judgments which may issue thereon. Consultant's obligation under this Article shall not be limited in any way by the agreed upon compensation, or Consultant's limit of, or lack of, sufficient insurance protection and Consultant's Initials City's initials Panes 7 of 23 shall apply to the full extent that it is caused by the negligent act or omission, recklessness or intentional wrongful conduct of Consultant, its agents, servants, representatives or Sub -consultants. 14. INSURANCE Contractor agrees to comply with the provisions of Exhibit 1, attached hereto and incorporated herein prior to the City's execution of this Agreement. Contractor shall maintain in full force and effect during the performance of the Work and as may be required by Florida Statute all insurance specified in Exhibit 1. 15. MODIFICATIONS TO COVERAGE The City through its Risk Administrator or authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations and shall provide a thirty (30) day written notice to the Contractor. In that event, Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market, and may request additional consideration from City accompanied by justification. All additional cost will be bom by the City. 16 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 17. AUTHORITY OF THE CITY'S PROJECT MANAGER The Director hereby authorizes the City's Project Manager to answer all questions in connection with the Work, and/or as to the interpretation of the Work to be performed. The Contractor shall be bound by all determinations or orders of the City's Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, within 24 hours. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Agreement, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing and shall be issued through the Director or designee, or the Project Manager. The Project Manager shall have access to the Project Site during normal working hours, unless access is required by the City due to the health, safety or welfare of he City or the public. The Project Manager shall make periodic visits to the Project Site during the entire course of construction .to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding according to the requirements of the Agreement. The Project Manager will have authority to reject Work that does not conform to the Agreement. Whenever, in his or her opinion, it is considered necessary or advisable to insure the proper implementation of the Agreement, the Project Manager will have authority to require special inspections or testing of the Work. Neither the Project Manager's authority to act under this Article, nor any decision made by him/her in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager to the Contractor, any Sub -Contractor, supplier or any of their agents, employees, or any other person performing any of the Work. Consultant's Initials City's Initials Pane R of 23 The Project Manager will not be responsible for the Contractor's means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Agreement. The Project Manager will also not be responsible for the acts, errors or omissions of the Contractor, or anyone employed or contracted directly or indirectly by the Contractor including any Sub -Contractor; or any of their agents or employees, or any other persons performing any of the Work. 18. CONSTRUCTION SIGNAGE Signage requirements only apply to Phase II of the Project. The City shall provide the Contractor the wording and layout for all required signs at the pre - construction conference. The Contractor Shall typically fumish the two City of Miami signs at the Project site. The City shall approve the locations for all signage. ' 19. CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE Where the Contractor's operation could cause damage to telephone, fiber optic cable, television, electrical power, oil, gas, wat r, sewer, or irrigation systems, the Contractor shall make all arrangements Necessary for the Protection of these utilities. Notify all utility companies that are affected by the construction operation at least 48 hours in advance. Contractor shall not proceed with the work until all utilities are properly located. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and his Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, Toss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Agreement. Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work, In the event of interruption in utility services due to construction operations, the Contractor shall promptly notify the proper authority. Cooperate with said authority in restoration of service as. promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with the Work are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the City's Project Manager. Replace, with material approved by the City's Project Manager, at Contractor's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Agreement and as approved by the City's Project Manager. 20. PROJECT SITE FACILITIES To the extent necessary for completion of the Work, Contractor may elect to arrange for Project - site facilities as necessary to enable the Contractor and the City to perform their respective duties and to accommodate any representatives of the City visiting the project. Project -site facilities, include, but are not limited to such things as trailers, toilets, typewriters, computers and any other equipment necessary to carry on the Construction Work. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of Consultant's Initials City's Initials Pane 9 of 2 the Building Code and regulations of ;the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the City's Project Manager The Contractor shall obtain all necessary permits required for any Project site facilities. All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 21. SECURITY The Contractor shall have sole responsibility for the security of all materials, tools, equipment and Work at the site. The City shall not 'be liable for any damage or loss to such materials, tools, equipment and Work. 22. STOP WORK ORDER The City may, at any time, may issue a "Stop Work Order" to the Contractor. The duration of the order could be for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered+to the Contractor, and for any further period to which the parties may agree. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either cancel the Stop Work Order; or terminate the Work covered by such order as provided in Article 47 Termination for Convenience. If a "StopWork Order" issued under this )Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the City, the Contractor may have been delayed by such suspension. In the event the Consultant determines that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension of time las a result of theissuance of a Stop Work Order. 23. HURRICANE PRECAUTIONS During such periods of time as are designated by the National Weather Service as being a hurricane warning or alert, the Contractor, at no cost to the City, shall secure the Project site„ regardless of whether the City has given notice. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. Additional work relating to hurricane:warning or alert at the Project site will be addressed by a Change Order. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Agreement Time as a non-compensable delay. 24. CLEANING UP; CITY'S RIGHT TO,CLEAN UP Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish in and around the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the Consultant's Initials City's Initials Pane 10 of 23 contractors responsible as determined by the Consultant. All large quantities of stored combustible waste materials shall be removed from the Project at the end of each day. Cleaning operations should be controlled to limit dust. 25. REMOVAL OF EQUIPMENT If this Agreement is terminated prior to the completion of the Project, the Contractor shall promptly remove any part or all of Contractor's equipment and supplies from the property of City. If the Contractor does not comply with City's order, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. 26. SUBCONTRACTORS A Sub -Contractor is any person or entity that is performing, furnishing, supplying or providing any portion of the Construction Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Sub -Contractors. All subcontracts shall require each Sub -Contractor to be bound to the Contractor to the same extent Contractor is bound to the City by the terms of the Agreement. 2527. KEY PERSONNEL The Contractor acknowledges that it was selected by the City, in part, on the basis of qualifications of particular staff identified in Contractor's response to the RFLI, hereinafter referred to as "Key Personnel". Contractor shall ensure that Key Personnel as detailed in the Attachments are available for Work hereunder as long as said Key Personnel are in Contractor's or Subcontractor's employ. Contractor will obtain prior written approval of Director or designee to change Key Personnel. New personnel proposed by the Contractor shall be subject to approval by the Director. 27. REMOVAL OF UNSATISFACTORY PERSONNEL The City may request the Contractor remove and replace any personnel employed or retained by the Contractor, or any Subcontractors, or any personnel of any such Subcontractors .The Contractor shall respond to the City within fourteen (14) calendar days of receipt of such request withieither the removal and replacement of such personnel or written justification as to why that may not occur. The Project Manager shall make the final determination as to the removal of unsatisfactory personnel from the Work. Such decision shall not be construed as directing the Contractor to terminate any employees' employment with the Contractor. 28. WORKER'S IDENTIFICATION The Contractor's employees or subcontractors, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result in his/her removal from the Work until such time as the identification card is obtained and wom. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 29 CONTINUING THE WORK Contractor shall carry on the Work and adhere to the Project schedule during all disputes or disagreements with City, including, without limitation, disputes or disagreements concerning a request for. a Change Order, the Contract timeframe for completion of the Work. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 30. PUBLIC ENTITY CRIMES Consultant's Initials City's Initials Pant? 11of2 In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendbr list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, or subcontractor, under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list Violation of this section by Contractor shall result in cancellation of the City purchase and May result in Contractor's debarment. 31. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT Contractor warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. Contractor shall affirmatively comply with, all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination- on --the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. 32. AUDIT RIGHTS AND PUBLIC RECORDS Contractor 's records (all the foregoing hereinafter referred to as "records") which may include but not be limited to accounting records, payroll time sheets, cancelled payroll checks, W-2's, 1099's, written- - policies and procedures, computer records, disks and software, videos, photographs, subcontract files (including proposals of successful and unsuccessful bidders), originals estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by City's agent or its authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by the Contractor or any of his payees pursuant to the execution of the Agreement. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with this Agreement. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise, for the purpose of such audits, inspections, examinations and evaluations, the City's agent or authorized representative shall have access to said records from the effective date of this Agreement, for the duration of the Work, and until five (5) years after the date of final payment by the City to Contractor pursuant to this Agreement. The City's agent or its authorized representative shall have access to the Contractor's facilities, shall have access to all necessary records, and shall be provided adequate and appropriate Consultant's Initials City's Initials Pane 12 of 9R ti work space, in order to conduct audits in compliance with this provision. The City or its authorized representative shall give auditees reasonable advance notice of intended audits. If an audit inspection or examination in accordance with this Article discloses overcharges in excess of 1 % except negotiated fees by the Contractor to the City, the actual cost of the City's audit shall be paid by the Contractor. If the audit discloses contract billing or charges to which Contractor is not contractually entitled, Contractor shall pay over to the City said sum within 20 days of receipt of a written demand unless otherwise agreed to by both parties in writing. 33. SAFETY PRECAUTIONS Contractor and its Subcontractors shaft comply with Occupational Safety and Health Administration (OSHA) and all other applicable federal, state and local health and safety regulations. A safety plan will be designed to protect the health and safety of local residents, local businesses, City employees and all persons performing Work' under this Agreement. The safety plan shall be consistent with the requirements of: • OSHA Safety and Health Standards 29 CFR 1910 (General Industry), US department of Labor, Occupations Safety and Health Administration • OSHA 29 CFR 1910.120 Hazardoub Waste Operations and Emergency Response, US Department of Labor, Occupations Safety and Health Administration ■ OSHA Safety and Health Standards 29 CFR 1926 (Construction Industry), US Department of Labor, Occupations Safety and Health Administration ■ Standard of Operating Safety Guidelines, USEPA, Environmental Response Branch, Hazardous Response Support Division, Office of Emergency and Remedial Response. ■ Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, US Department of Health and Human Services, Public Health Service, Center for Disease Control, National Institute of Occupational Safety and Health The Contractor, its employees and subcontractors shall implement and maintain these procedures prior to and during the performance of the Work. 34. PERMITS, AND LICENSES Except as otherwise provided within the Agreement, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Agreement shall be secured and paid for by Contractor. It is Contractor's responsibility ,to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 35. TAXES Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the, pertinent state statutes involving state taxes and complying with all requirements. 36. COMPLIANCE WITH LAWS Contractor shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. Consultant's Initials City's Initials PaOP. 1R of 2 37. NO DAMAGES FOR DELAY In the event of any delays to the Project that are caused by actions or events that are out of the control of the City or entities hired or control by the City, the Contractor' may request a time extension in accordance with the terms of the Agreement. The City shall not be liable for any delay damages which may be attributable to performing Work out of sequence, acceleration claims or other similar type claims, incurred by Contractor.. The time for Completion will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as herein. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, epidemics, abnormal weather conditions or acts of God. 38. EXCUSABLE DELAY Excusable Delays are those caused by circumstances beyond the control of Contractor, its Sub- Contractors, suppliers and vendors, and those caused jointly or concurrently by Contractor or its Sub -Contractors, suppliers or vendors and by the City. Contractor is entitled to a time extension of the Construction Work Time for Completion for each day the Construction Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. Where Contractor seeks compensation due to an Excusable delay that request must be submitted in accordance with Article 39. Contractor shall furnish to the City's Project Manager all documentation supporting its claim which describes the work affected and the actual costs resulting from the delay. Where the City agrees to an excusable delay and the Work is being performed by a Sub - Contractor, the Contractor shall be paid for actual costs associated with the delay plus 5% for indirect and overhead costs. Where the City agrees to an excusable delay and the Work is being performed by the Contractor's own forces the Contractor shall be reimbursed for actual costs burdened by the Contractor's current Florida Department of Transportation audited overhead rate plus 5% profit associated with the delay: The Contractor agrees that the above constitutes its sole and exclusive remedies for an excusable delay. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. 39. NOTIFICATION AND CLAIM FOR DELAY Any claim for a change in the Time for Completion, shall be made by written notice by Contractor to the Project Manager within fifteen (15) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days after the event giving rise to the claim, written notice of the extent of the claim with supporting documentation shall be provided unless the Project Manager allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor 's written notarized statement thatthe adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. 40. FORCE MAJEURE: If the Contractor is delayed in performing any obligation under this Agreement due to a force majeure condition, the Contractor shall request a time extension from the City within five (5) Consultant's Initials City's Initials Pana 14 ni 23 working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. 41. FIELD DIRECTIVES The City's Project Manager may at times issue Field Directives to the Contractor while visiting the Project site. Such Field Directives shall be issued in writing and the Contractor shall comply with such directive. If the Contractor believes the directive is outside the scope of the Work, the Contractor shall, within 48 hours, notify the City's Project Manager that the Field Directive is outside the scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a Change Order proposal. Where the Contractor is notified of the City's position that the Field Directive is within the scope and the Contractor disagrees, the Contractor shall notify the City's Project Manager that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Agreement. 42. CHANGE ORDERS All changes to the Work must be approved in advance in accordance with the value of the Change Order or the calculated extension of time. All Change Orders, excluding those issued against the contingency, increasing the value of the Agreement by $50,000 or more shall be approved in advance by the City Commission. All Change Orders increasing the value of the Agreement, excluding those issued against the contingency by less than $50,000 shall be approved in advance by the City Manager, Director or designee. All Change Orders issued against the contingency shall be approved by the Director or designee. 43. INSPECTION OF WORK The City shall at all times have access to the Work during normal work hours. Inspectors shall have no authority to permit deviations from any of the provisions of the Agreement, nor to delay the Work by failure to inspect the materials and Work with reasonable promptness without the written permission or instruction of the Project Manager. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Agreement. 44. DOCUMENTS AND RECORDS All documents, reports, including laboratory reports, drawings, maps, computer files, models and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered "work for hire "as such phrase is defined in Section 101 of Title 17 of the United States Code (Public Law 94-533 and all title, ownership and copyright privileges are and at all times shall be the property of the City without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. Contractor shall 'provide hard all such information electronically as well as in hard copy. 45. SUBMITTALS The Contractor shall be responsible for submittals as may be authorized by the City. The Contractor shall be responsible for the professional quality, technical accuracy and the coordination of all submittals required to complete the Work and as required by the Agreement. Consultant's Initials City's Initials Pana 15 of 9R The Contractor shall, without additional compensation, correct, revise the submittals as required to obtain the approval of DERM, FDEP, and the Corps of Engineers. 46. REQUESTS FOR INFORMATION (RFI) The Contractor shall submit in writing a Request for Information (RFI) to the City's Project Manager. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Contractor's interpretation or understanding of the document(s) in question, along with the reason for such understanding and the implications (time and cost) of any proposed action by the Contractor. 47. TERMINATION FOR CONVENIENCE The City has the right to terminate this Agreement with or without cause, upon thirty (30) days Written Notice. Such Written Notice shall state the date upon which Contractor shall cease all Work, and vacate the Project site. Upon termination of this Agreement, all charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under this Agreement, whether finished or not, must be turned over to the City. Upon termination for reasons other than Contractor's default, the Contractor shall be paid in accordance with provisions of this Agreement, provided that said documentation is tumed over to City within fifteen (15) business days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. 48. TERMINATION FOR DEFAULT If Contractor fails to comply with the terms or conditions of this Agreement, the Contractor could be found in default. Upon the occurrence of a default which is not cured within the Cure Period, in addition to all remedies available to it by law, the City may immediately, upon written notice to Contractor, terminate this Agreement whereupon all advances paid by the City to Contractor while Contractor was in default shall be immediately retumed to the City. The City may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. In the event of termination due to default, in addition to the foregoing Contractor shall be liable for all costs and expenses incurred by the City in the re -procurement of the Work under this Agreement. In the event of Default, the City may also issue a Notice to Cure and suspend or withhold payments to Contractor until such time as the actions giving rise to default have been cured. A finding of default and subsequent termination for cause may include, without limitation, any of the following: • Contractor fails to obtain the insurance required herein required. • Contractor fails to comply with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement beyond the specified period allowed to cure such default. • Contractor fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by this Agreement. The City shall provide Written Notice to Cure to Contractor as to a finding of default, and Contractor shall take all necessary action to Cure said default within such time as stipulated in the Written Notice. Such time to Cure shall be at the sole discretion of the City. The City may Consultant's Initials City's Initials Pane 16 of 2 extend the Cure Period at its sole discretion or terminate the Agreement upon failure of the Coni:ractor to cure such default in the specified timeframe. 49. 1 CONTRACTOR'S RIGHT TO TERMINATE The Contractor shall have the right to terminate this Agreement for cause, in writing, following breach for non-payment by the City, if breach of contract has not been corrected within thirty (30) days from the date of the City's receipt of a written notice from Contractor specifying the City's breach of its duties under this Agreement. 50. MATERIALITY AND WAIVER OF BREACH City and Contractor agree that each requirement, duty, and obligation is an integral part of this Agreement. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 51. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Project Manager shall, within ten (10) working days, perform the inspection. If City's Project Manager finds the Work acceptable, the requisite documents have been properly submitted, the requirements of the Agreement satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment (Exhibit 2) shall be issued by City's Project Manager. Before issuance of the final payment, Contractor shall deliver to City's Project Manager a complete release of all liens arising out of this Agreement, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Sub -Contractors have been paid in full and that all other indebtedness connected with the Work have been paid. Contractor shall deliver approved permits from the DERM, FDEP, Corps of Engineers and the City of Miami necessary to perform the dredging. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the Agreement and identified by Contractor as unsettled at the time of the application for final payment. 52. RESOLUTION OF CONTRACT DISPUTES Contractor understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be initially submitted to the Director for resolution. Upon receipt of the submittal from the Contractor, the Director shall render a decision within fourteen (14) calendar days. Where a mutually satisfactory resolution cannot be reached the Contractor may submit the dispute to the City Manager or his/her designee for resolution. Where a mutual resolution cannot be reached between the Contractor and the City Manager or designee, the Contractor, prior to being entitled to seek judicial relief shall comply with Article 58 of this Agreement, in connection therewith. Should the amount of compensation hereunder exceed $500,000, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: • it has first received City Manager's written decision, approved by the City Commission if applicable, or Consultant's Initials City's Initials Pane 17 of 2 • a period of thirty (30) days has expired after submitting to the City Manager a detailed ,11 statement of the dispute, accompanied by all supporting documentation, or a period of (75) days has expired where City Manager's decision is subject to City Commission approval; and • mediation of the dispute, as stipulated in Article 58, has not resulted in a mutual resolution; or • City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager. „ 53. MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and/or construction of the Project, and/or following the completion of the Project, the parties to this Agreement agree all unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include such similar contract provisions with all Sub -Contractors retained for the Work, thereby providing for non -binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. —54. APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of Contractor's duties to indemnify the City under this Agreement where Contractor shall pay the City's reasonable attorney's fees. 55. INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. 56. SUCCESSORS AND ASSIGNMENTS The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City Commission approval shall be cause for the City to nullify this Agreement. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements and tax retums from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney before the approval of an assignment. The Contractor and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Agreement and to the partners, Consultant's Initials City's Initials Pane 1R of 2 ti successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 57. THIRD PARTY BENEFICIARIES Parties to this Agreement agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 58. JOINT PREPARATION- INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender; and the singular shall include the plgral, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, article, paragraph, or section where they appear, uhless the context otherwise requires. 59. AMENDMENTS No modification, amendment, or alteration to the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the City Manager and Contractor. 60. SEVERABILITY In the event the any provision of this Agreement is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Agreement, and the remainder of this Agreement shall continue in full force and effect. 61. ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. . Waiver by either party of a breach of any provision of 'this Agreement shall not be deemed to be a waiver of any other breach. The RFLI, RFI and the Submittals by the Consultant are hereby incorporated by this reference made a part of this Agreement as if set forth in full. Where there is a conflict in any of the documents the latest document shall prevail and this Agreement shall prevail over all the documents incorporated by reference 62. FUNDS AVAILABILITY Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year first above written. "City" Consultant's Initials City's Initials Pane 19 of 2 City Of Miami, a municipal ATTEST: corporation By: Priscilla A. Thompson, City Clerk Pedro G. Hernandez, P.E., City Manager ATTEST: "Contractor" Inc. Ja corporation 1 By: Print Name: Print Name: Title: Title: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: Jorge L. Fernandez City Attorney REQUIREMENTS: LeeAnn Brehm Risk Management Administrator THE CITY REQUIRES THREE (3) FULLY -EXECUTED AGREEMENTS, FOR DISTRIBUTION. Consultant's Initials City's Initials Pane 90 of 9:3 EXHIBIT 1 INSURANCE REQUIREMENTS WAGNER CREEK AND SEYBOLD CANEL WATERWAYS DREDGING SERVCIES) COMMERCIAL GENERAL LIABILITY Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 Aggregate $ 2,000,000 Personal and Advertising Injury $ 1,000,000 Products and Completed Operations $ 1,000,000 Endorsements Required: City of Miami included as an Additional Insured Independent Contractors Coverage Contractual Liability CG 22 74 10 Explosion, Collapse and Underground Hazard Loading and Unloading Mobile Equipment Coverage (Contractor's Equipment) weather Owned, leased, borrowed or rented by the contractor or employees of the contractor Business Automobile Liability Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 Endorsements Required: City of Miami included as an Additional Insured Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Consultant's Initials City's Initials Pane 21 of 7S IV. Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit V. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit $ 5,000,000 Each Occurrence $ 5,000,000 Aggregate $ 5,000,000 Note: Excess over CGUAuto/Employer's Liability VI. Payment and Performance Bond N/A VII. Contractor's Professional Liability/Error's & Omissions Limits of Coverage Each Occurrence $1,000,000 Aggregate $1,000,000 VIII. ENVIRONMENTAL AND IMPAIRMENT LIABILITY Limits of Coverage Each Claim $5,000,000 Aggregate $5,000,000 The above policies shall provide 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. 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 Tess than "Class X" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oidwick, 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. Consultant's Initials City's Initials Pane 99 ni 9:1 EXHIBIT 2 FINAL CERTIFICATE OF PAYMENT: PROJECT: CONSULTANT: (name, address) BID/CONTRACT NUMBER: TO (City): CONSTRUCTION MANAGER: AGREEMENT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by the Agreement, and the final bill of materials, if required, have been received and accepted. The Work required by the Agreement has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Agreement and is accepted under the terms and conditions thereof. Consultant BY Date City, through the Director, accepts the work as fully complete and Will assume full possession thereof at (Time) (Date). City of Miami, Florida By Director Date Consultant's initials City's Initials PanR2:1of2:1