Loading...
HomeMy WebLinkAbout25667AGREEMENT INFORMATION AGREEMENT NUMBER 25667 NAME/TYPE OF AGREEMENT THE BG GROUP LLC DESCRIPTION CONSTRUCTION AGREEMENT/DEMOLITION OF PARKING GARAGE AT MIAMI POLICE HEADQUARTERS PROJECT NO. 40-B243208/MATTER ID: 25-1940 EFFECTIVE DATE July 21, 2025 ATTESTED BY NICOLE EWAN ATTESTED DATE 7/21/2025 DATE RECEIVED FROM ISSUING DEPT. 7/21/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Luis Caseres/Max Sagesse NAME OF OTHER CONTRACTUAL PARTY/ENTITY: The BG Group, LLC EXT. 1923 IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 2,799,146.00 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Emergency Construction Contract ■ YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Demolition of Parking Garage at Miami Police Headquarters - D5 ■ NO NO COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER Reviewed and OK to proceed. Fernando Ponassi July 14, 2025 nnie Perez, CP �20:50:54 EDTPO SIGNATURE: ID$%d %i?46 EDT SIGNATURE: ,—DocuSigned t �```" `-89540E673CA (—DocuSignedb FratAk G- RISK MANAGEMENT July 15, 2025 BUDGET OFFICE Capital project 40-6243208 is fully funded and available in 40-B243208 July 15 , 202 5 IMarie 16 16u09 EDT SIGNATURE: \•-27395C631821 DocuSigned b '- �/0' CITY ATTORNEY /s/TMF 25-1940 Matter ID No. 25-1940 July 17, 2025 eg5ie516':NsIII SIGNATURE: LarryS rin I 06.2p7.02 EDT SIGNATURE: 5F6E831796C r—DocuSignedb i (-b"Ot, - `-88776E9FE882 -DocuSigned ocuSigned b ,-oc (,A i L Spv %— C'9'D"250'2=E ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER July 18, 2025 ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS N/A Barbara Hernandez, MPA N/A SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE July 18, 2025 Asael Marrero I 11:42:12 EDT SIGNATURE:"°'` DocuSigned by LCOF4AD9ABO3B DEPUTY CITY MANAGER July 18, 2025 Nattgha2C91WWilliams SIGNATURE: ,—DocuSigned b Nr4A44 G' CITY MANAGER July 18, 2025 I ArlteOL orIeg EDT SIGNATURE: -e4B-7oe9,5.B.EA ,—DocuSigned by grOLW/ 14 `— CITY CLERK July 21, 2025 pp I Tda:Un�U 5nEDT SIGNATURE: 85Oe oeY-2Dt Signed by: 18169471A31D IMt.A) 4E7... 4D4.... titt 42A... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 24191 Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B EMERGENCY CONSTRUCTION CONTRACT OVERVIEW CONTRACT TITLE: Demolition of Parking Garage at Miami Police Headquarters — D5, The BG Group, LLC 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer - Authority level of $ Z City Manager — Emergency Declaration ❑ City Commission - RESOLUTION No. 2. PROCUREMENT METHOD: ❑ RFP/Q ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 OTHER (Please explain): Emergency Construction Contract 3. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC. N/A 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? 5. WHAT IS THE SCOPE OF WORK? This Project involves the demolition and removal of the City of Miami Police Station's multi -story parking garage, located adjacent to the motor pool area. The demolition must be conducted with strict adherence to environment, safety, and regulatory standards due to the presence of petroleum -impacted soil near the northern section of the site. The scope includes dismantling the concrete structure in a systematic and controlled manner, ensuring no adverse impact to neighboring facilities or ongoing police operations. Prior to demolition, all utility services within the work zone must be properly shut off, capped, and documented. Utilities servicing adjacent occupied structures must remain active and protected. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of Capital Improvements 7. IS THE AWARDEE THE INCUMBENT? N/A 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? N/A 10. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Emergency Construction Contract Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B Tau of giianti EMERGENCY CONSTRUCTION CONTRACT DEMOLITION OF PARKING GARAGE AT MIAMI POLICE HEADQUARTERS - D5 PROJECT NO. TBD CONTACT Anthony Hansen Sr. Procurement Contracting Manager Department of Procurement City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Phone: 305-416-1895 E-mail: AMHansen@miami.gov Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B TABLE OF CONTENTS DEFINITIONS SECTION 1 - INSTRUCTIONS FOR SUBMISSION 1. Intention of the City 2. Scope of Work 3. Location of the Project 4. Performance of the Work 5. Examination of Contract Documents and Site 6. Environmental Regulations 7. Bid Award 8. Public Entity Crime 9. Fraud and Misrepresentation 10. Contractor in Arrears or Default SECTION 2 - CONTRACT GENERAL TERMS AND CONDITIONS 1. Time is of the Essence 2. Contract Term 3. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price 4. Notices 5. Priority of Provisions 6. Indemnification 7. Insurance 8. Performance and Payment Bond 9. Qualification of Surety 10. General Requirements 11. Method of Performing the Work 12. Work Staging and Phasing 13. Site Investigation and Representation 14. Contractor to Check Plans, Specifications, and Data 15. Contractor's Responsibility for Damages and Accidents 16. Accidents 17. Safety Precautions 18. Occupational Health and Safety 19. Labor and Materials Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B SECTION 2 - CONTRACT GENERAL TERMS AND CONDITIONS (Continued) 20. Rules, Regulations, Laws, and Licenses 21. Consultant Services 22. Project Management 23. Superintendence and Supervision 24. Authority of the Project Manager 25. Inspection of Work 26. Taxes 27. Separate Contracts 28. Lands of Work 29. Coordination of Work 30. Differing Site Conditions 31. Existing Utilities 32. Contractor's Responsibility for Utility Properties and Service 33. Interfering Structures 34. Field Relocation 35. Contractor's Use of Project Site(s) 36. Warranty of Materials and Equipment 37. Material and Equipment Shipment, Handling, Storage and Protection 38. Manufacturer's Instructions 39. Manufacturer's Warranty 40. Reference Standards 41. Submittals 42. Shop Drawings NOT APPLICABLE 43. Product Data 44. Samples 45. Record Set 46. Supplemental Drawings and Instructions 47. Contractor Furnished Drawings 48. Substitutions 49. City Furnished Drawings 50. Interpretation of Drawings and Documents 51. Product and Material Testing 52. Field Directives Demolition of Parking Garage at Miami Police Headquarters - D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B SECTION 2 - CONTRACT GENERAL TERMS AND CONDITIONS (Continued) 53. Changes in the Work or Contract Documents 54. Continuing the Work 55. Change Orders 56. Change Order Procedure 57. No Oral Changes 58. Value of Change Order Work 59. Extra Work Directive 60. As -Built Drawings 61. Worker's Identification 62. Removal of Unsatisfactory Personnel 63. Substantial Completion, Punch List, and Final Completion 64. Acceptance and Final Payment 65. NPDES Requirements 66. Force Majeure 67. Extension of Time 68. Notification of Claim 69. Extension of Time not Cumulative 70. No Damages for Delay 71. Excusable Delay, Non-Compensable 72. Lines and Grades 73. Defective Work 74. Acceptance of Defective or Non -Conforming Work 75. Uncovering Finished Work 76. Correction of Work 77. Maintenance of Traffic and Public Streets 78. Location and Damage to Existing Facilities, Equipment, or Utilities 79. Stop Work Order 80. Hurricane Preparedness 81. Use of Completed Portions 82. Cleaning Up; City's Right to Clean Up 83. Removal of Equipment 84. Set -offs, Withholdings, and Deductions 85. Event of Default Demolition of Parking Garage at Miami Police Headquarters - D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B SECTION 2 - CONTRACT GENERAL TERMS AND CONDITIONS (Continued) 86. Notice of Default -Opportunity to Cure 87. Termination for Default 88. Remedies in the Event of Termination for Default 89. Termination for Convenience 90. Resolution of Disputes 91. Mediation -Waiver of Jury Trial 92. City May Avail Itself of All Remedies 93. Permits, Licenses, and Impact Fees 94. Compliance with Applicable Laws 95. Independent Contractor 96. Third Party Beneficiaries 97. Successors and Assigns 98. Materiality and Waiver of Breach 99. Severability 100. Applicable Law and Venue of Litigation; Attorney's Fees 101. Amendments 102. Entire Agreement 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 104. Evaluation 105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County, and the State of Florida 106. Buy America Requirements NOT APPLICABLE 107. Royalties and Patents 108. Continuation of the Work 109. Review of Records 110. No Interest 111. Payments Related to Guaranteed Obligations 112. Consent of City Required for Subletting or Assignment 113. Agreement Limiting Time in Which to Bring Action against the City 114. Defense of Claims 115. Contingency Clause 116. Mutual Obligations Demolition of Parking Garage at Miami Police Headquarters - D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B SECTION 2 - CONTRACT GENERAL TERMS AND CONDITIONS (Continued) 117. Contract Extension 118. Non -Exclusivity 119. Nature of the Agreement 120. Contract Documents Contain All Terms 121. Survival 122. Disclosure of State Funding, if applicable 123. Antitrust Violator Vendors 124. Anti -Human Trafficking SECTION 3 - CONTRACT SUPPLEMENTAL TERMS AND CONDITIONS 1. Contract Time and Hours 2. Progress Payments 3. Liquidated Damages 4. Schedule of Values 5. Project Schedules 6. Release of Liens/Subcontractor's Statement of Satisfaction 7. Progress Meetings 8. Request for Information 9. Project Site Facilities 10. Security 11. Construction Signage 12. Construction Photographs 13. City Furnished Property 14. Field Layout of the Work and Record Drawings for Drainage Projects 15. Survey Work for Drainage Projects 16. E-Verify - Mandatory Use 17. Counterparts; Electronic Signatures 18. Jessica Lunsford Act (JLA) Background Screening Requirements SECTION 4 - CERTIFICATION FORMS Certification Form Certificate of Authority (If Corporation) Certificate of Authority (If Partnership) Certificate of Authority (If Joint Venture) Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B SECTION 4 - CERTIFICATION FORMS (Continued) Certificate of Authority (If Individual) Notarization Anti -Human Trafficking Affidavit SECTION 5 - CONTRACT EXECUTION FORMS Contract Execution Form Corporate Resolution Form of Performance Bond Form of Payment Bond Certificate as to Corporate Principal Performance and Payment Guaranty Form - Unconditional Irrevocable Letter of Credit ATTACHMENTS Form SU - Subcontractor Utilization Form REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B DEFINITIONS Architect of Record ("AOR") means a designation reserved, usually by law and regulations, for a person or organization professionally qualified and licensed in the State of Florida to perform architectural services. Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, establishing the significant qualities related to type, function, dimension, in- service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. Bid means the response submitted by a Contractor to this solicitation, which includes the price, authorized signature and all other information or documentation required by the Contract Documents at the time of submittal. 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 Contract Documents. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, the City's performance is pursuant to the City's capacity as Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City of Miami. City Manager means the duly appointed chief administrative officer of the City of Miami. Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director, which may affect the Contract price or time. Construction Engineering Inspection ("CEI") means an individual or an organization (assigned by the Director of OCI) responsible in assisting the City's Project and Construction Managers in Contract administration, site inspections, material sampling and Project close-out. Construction Manager ("CM") means the individual or organization assigned by the Director of OCI whose duties include reviewing Project documents during the design phase and managing the construction phase that include, but not limited to, directing, and coordinating construction activities associated with the Project. Construction Schedule means a critical path schedule or other construction schedule, as defined, and required, by the Contract Documents. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for the Project; and if applicable, means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Project. Consultant may also be referred to as Architect or Engineer of Record. Contract means the contract documents that have been executed by the Contractor and the City subsequent to approval of award by the City. Contract Documents means the Contract as may be amended from time to time, the plans and drawing, all addenda, clarifications, directives, change orders, payments and other such documents issued under or relating to the Project. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B Contractor means the person, firm, or corporation with whom the City has contracted, and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this Contract through its award by the City. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Contract Documents 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 Contract Documents 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(s) 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 Contract Documents after receipt of written Notice to Cure from the City identifying the deficiencies and the time to Cure. Department means or refers to the City of Miami's Office of Capital Improvements ("OCI"). Design Documents means the construction plans and specifications included as part of a bid prepared by the Consultant for this Project under a separate Agreement with the City. Director means the Director of OCI or designee, who has the authority and responsibility for managing the Project under this Agreement. Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location, and dimensions of the Work to be performed, including, without limitation, all notes, schedules, and legends on such Drawings. Engineer of Record ("EOR") also referred to as Consultant, a designation reserved, by law, for a person or qualified engineering firm or organization qualified and licensed in the State of Florida to conduct professional engineering services. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the Consultant, which is minor in nature and should not involve additional cost. Final Completion means the date subsequent to the date of Substantial Completion at which time the Construction Manager has completed all the Work in accordance with the Agreement as certified by the Architect or Engineer of Record or the City and submitted all documentation required by the Contract Documents. Guaranteed Maximum Cost, aka Guaranteed Maximum Price means the sum established by these Contract Documents as the maximum cost to the City of performing the specified Work on the basis of the cost of labor and materials plus overhead expenses, reimbursable expenses, and profit. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished, and of the Work performed by the Contractor. Materials mean goods or equipment incorporated in a Project or used or consumed in the performance of the Work. Notice of Award means the letter written to the Contractor by the City, notifying the Contractor that they have been awarded the Contract. Notice to Proceed means a written letter or directive issued by the Director acknowledging that all precedent conditions have been met and directing that the Contractor may begin Work on the Project. Physical Construction Labor Work means the completed construction services required by the Contract Documents, completed through the use of the Contractor's own employees, and excluding all materials, supplies, and equipment incorporated or to be incorporated in such construction. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B Plans and/or Drawings means the official graphic representations of a Project. Project or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the(its) obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project. Project Manager ("PM") means the City employee (assigned by the Director) to manage the Project that may include, but is not limited to coordination of design, procurement, and construction activities; assigning management tasks to EOR, CM or CEI (hereby known as designee), establish lines of communication and responsibilities to ensure that the Project is completed in a timely manner. Qualifier means a person whose license is attached to the Contractor's company so that the Contractor is currently able to legally do Work in the State of Florida. The Qualifier is fully responsible for the quality of the Work that is performed by the Contractor. Request for Information ("RFI") means a request from the Contractor seeking an interpretation or clarification relative to the Contract. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Contractor interpretation or understanding of the document(s) in question, along with the reason for such understanding. Risk Administrator means the City's Risk Management Administrator, also known as the Director of the Department of Risk Management, or the Director's authorized 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 a Contractor including one who furnishes material worked to a special design according to the Contract Documents but does not include one who merely furnishes Materials not so worked. Submittal means documents prepared and submitted by the Contractor. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the Agreement such that the City can use, occupy, and/or operate the facility in all respects to its intended purpose. Substantial Completion shall not be deemed to have occurred until any and all governmental entities, which regulate or have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use or occupancy shall not be the sole determining factor in determining whether Substantial Completion has been achieved unless a temporary certificate of occupancy has been issued. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B SECTION 1 INSTRUCTIONS FOR SUBMISSION 1. Intention of City It is the intention of the City to describe in this Emergency Construction Contract the Project to be completed 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 Contract as being required to produce the intended result, shall be supplied by the Contractor whether or not specifically called for. Where words 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 effect at the time of opening of bids and the Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2. Scope of Work This Project involves the full demolition and removal of the City of Miami Police Station's multi -story parking garage, located adjacent to the motor pool area. The demolition must be conducted with strict adherence to environmental, safety, and regulatory standards due to the presence of petroleum -impacted soil near the northern section of the site. The scope includes dismantling the concrete structure in a systematic and controlled manner, ensuring no adverse impact to neighboring facilities or ongoing police operations. Prior to demolition, all utility services within the work zone must be properly shut off, capped, and documented. Utilities servicing adjacent occupied structures must remain active and protected. All demolition operations must comply with OSHA regulations. Protective measures must be in place to minimize dust, noise, and disruptions to surrounding activities. Temporary barriers and warning signage will be installed for safety and site security. Structural demolition must be conducted in an orderly fashion, taking care not to overload remaining structural elements with debris. Debris removal shall be continuous, with materials transported offsite for legal disposal. Hazardous materials encountered must be handled according to applicable federal, state, and local guidelines. No burning of debris is permitted on site. Upon completion, the Contractor shall submit a Demolition Report to RER for review and comment. This will include documentation of excavation areas, utility disconnections, and debris manifests. The full Scope of Work is detailed in the Contractors' bid. 3. Location of the Project Miami Police Headquarters 400 NW 2nd Avenue Miami, FL 33128 4. Performance of the Work The Contractor shall self -perform (complete) at least ten percent (10%) of all physical construction labor work for the negotiated construction cost of the entire Project and utilizing its own employees. If the Work is phased, the ten percent (10%) requirement shall apply jointly and severally to each and every phase of the Work. For the avoidance of doubt this means the ten percent (10%) requirement shall apply to each and every phase of the Work. The City reserves the right to request documentary confirmation of this requirement. The Contractor certifies that it shall utilize its own employees to meet this requirement. Where the City determines that the Contractor is deemed as not meeting this requirement during the performance Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B of the Work, then the Contractor shall be in default on the Contract. For the avoidance of doubt, the self - performance requirement shall apply separately to each phase of the Work. 5. Examination of Contract Documents and Site It is the responsibility of the Contractor, before submitting a bid to this Emergency Contract, to: a. Carefully review the Emergency Contract, including any addenda and notify the City of all conflicts, errors, or discrepancies, b. Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance, and furnishing of the Work, c. Take into account federal, state, and local (City and Miami -Dade County including, without limitation the City Charter and Code, the City Procurement and Zoning Ordinances, and Florida Building Code) and any other applicable codes, laws, regulations, ordinances, and rules that may affect a Contractor's ability to perform the Work, d. Study and carefully correlate Contractor's observations with the requirements of the Emergency Contract, and e. Sign and return all required Emergency Contract forms as applicable. The submission of a bid to this Project shall constitute an incontrovertible representation by Contractor that it shall comply with the requirements of the Contract Documents and that without exception, the response is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Environmental Regulations The City reserves the right to consider a Contractor's history of citations and/or violations of environmental or similar laws, codes, and regulations (Regulations) in determining a Contractor's responsibility, and further reserves the right to declare a Contractor not responsible if the history of violations warrant such determination in the opinion of the City. The Contractor shall submit with its bid a complete history of all citations and/or violations, notices, and dispositions thereof. The non -submission of any such documentation shall be deemed an affirmation by the Contractor that there are no citations or violations. Contractor shall notify the City immediately of notice of any citation or violation, which Contractor may receive during performance of the Work under this Contract. 7. Bid Award The City may require demonstration of competency and, at its sole and absolute discretion, may conduct site visits, and require the Contractor to furnish documentation and/or require the Contractor to attend a meeting to determine the Contractor's qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, knowledge, and experience of the trade Work to be performed, the quantity of Work being performed, and past performance on City Projects by the Contractor. The Contractor must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, at its sole discretion, may determine a Contractor to be non -responsible where the Contractor has failed to perform in accordance with other Contracts with the City, any City agency or instrumentality. Any Contractor who, at the time of bid submission is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Contractor under federal bankruptcy law or any state Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B '<o Rldj insolvency, or who is indebted to the City, and City agency or instrumentality, may be declared non- responsive. Any Contractor who may have filed a lawsuit against the City, or where the City has filed a lawsuit related to the Contractor and any City contract or won a court judgment against the Contractor , or if the Contractor is indebted to the City, or if the Contractor fails to disclose all material facts fully and completely OR TRUTHFULLY ANSWER QUESTIONS OR REQUESTS FOR INFORMATION, may be declared non- responsive. City for these purposes shall include any City agency or instrumentality. 8. Public Entity Crime A person or affiliate who has been placed on the Convicted Bidder list following a conviction for a public entity crime may not submit a bid on a Contract to provide any goods or services to a public entity, may not submit a Response on a Contract with a public entity for the construction or repair of a public building or Public Works project, may not submit a Response on a lease of real property to a public entity, may not be awarded or perform Work as a Contractor, Supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on the Convicted Bidder List. 9. Fraud and Misrepresentation Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City as a further sanction may terminate or cancel any other Contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation. 10. Contractor in Arrears or Default The Contractor represents and warrants that the Contractor does not have a member, principal, officer, or stockholder who is in arrears to the City, a City agency or instrumentality, and/or is in default as a Contractor, Vendor, Provider, or whose default has not been fully cured by the Contractor's surety or otherwise upon any obligation to the City. In addition, the Contractor warrants that the Contractor has not been declared "not responsible" or "disqualified" by, suspended, or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government, or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Contractor's responsibility or qualifications to receive public agreements. The Contractor considers this warrant as stated in this Article to be a continual obligation and shall inform the City of any change during the term of the Contract. Contractors shall not have a member, principal, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B SECTION 2 CONTRACT GENERAL TERMS AND CONDITIONS 1. Time is of the Essence The Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in the Contract Documents. Time is of the essence in the performance of the Work. All dates and periods of time set forth in the Contract Documents, including those for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. The Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, "Excusable Delay, Non-Compensable," the Contractor understands that, except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the Contractor's control, the Work shall not excuse the Contractor from its obligation to achieve full completion of the Work within the Contract Documents Time, and shall not entitle the Contractor to an adjustment. All parties under the control or Contract with the Contractor shall include but are not limited to material persons and laborers. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working at the Project site(s) for the full duration of the Project to ensure the timely completion of the Work. 2. Contract Term The Contract shall commence upon issuance of the Notice to Proceed ("NTP"), which shall be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract has been closed out after final completion or otherwise terminated by the City pursuant to the terms and conditions herein set forth. 3. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price The total bid amount shall be the Contract Price, also known as Guaranteed Maximum Cost ("GMC") of the Project, which means the maximum cost of the Work including labor, materials, equipment, supplies, overhead expenses, and profit. The City will not be liable for payment of any amount in excess of the GMC unless the City Commission has approved a Project contingency or has approved a prior amendment to the Contract, setting forth an additional amount due to Owner requested changes or its equivalent. If the term Guaranteed Maximum Price ("GMP") is used in this Agreement, it shall have the same definition as GMC, defined above. The Contractor represents, warrants, and guarantees to the City that the Contractor shall completely, timely, and properly perform the Work and all of its obligations under the Contract, in accordance therewith, for the Contract Price to be agreed upon by the parties. This Contract Price shall constitute a GMC/GMP to the Owner for performing the Work inclusive of labor, materials, equipment, supplies, and any allowable overhead and profit. The Owner shall, absent a prior Amendment with compelling cause approved as an Amendment to this Agreement, have no liability or obligation to pay any amount in excess of the stated Contract Price and the Contractor shall have no recourse in that respect except to seek an Amendment to the Agreement. All costs in excess of the Contract Price shall be paid solely by the Contractor without reimbursement or additional compensation from Owner. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 4. Notices Whenever either party desires to give written notice unto the other relating to the Contract, such must be addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice shall be deemed given on the date received or within three (3) calendar days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e- mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega, V, City Manager 444 SW 2nd Avenue - 10th Floor Miami, FL 33130-1910 Email: ANoriega@miami.gov Phone: 305-416-1025 Annie Perez, CPPO, Director Chief Procurement Officer 444 SW 2nd Avenue - 6th Floor Miami, FL 33130-1910 Email: AnniePerez@miami.gov Phone: 305-416-1910 George K. Wysong III, City Attorney City Attorney's Office 444 SW 2nd Avenue - 9th Floor Miami, FL 33130-1910 Email: GWysong@miami.gov Phone: 305-416-1832 With Copies to: Jose R. Perez, AIA, Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue - 8th Floor Miami, FL 33130-1910 Email: JRPerez@miami.gov Phone: (305) 416-1225 For Contractor: Alec Greenberg Vice President / Head of Estimating The BG Group, LLC 751 Park of Commerce Dr., Suite 138 Boca Raton, FL, 33487 Email: Alec@bgdemolition.com (561) 998-7997 Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B During the Work, the Contractor shall maintain continuing communications with Consultant and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project at all times through ongoing communications with the Project Manager. The Contractor shall notify the Miami Police Department and Fire Department about the construction schedule(s). The Contractor is required to obtain a current list of contact persons and phone numbers from Mario Nunez at (305) 416-1395, or via email at MNunezmiami.qov. Mario Nunez is the City of Miami's Project Manager assigned to this Project. The Contractor must notify residents living within five hundred (500) feet of the Project in writing as least one (1) week prior to commencing Work in the general area. A copy of such notices will be provided to the Project Manager. 5. Priority of Provisions All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract Documents and Specifications, the City of Miami's Standards for Design and Construction, Miami -Dade County's Standards Details, and the 2016 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction, as applicable. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications, and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract Documents, the priorities stated below shall govern: ■ Revisions to the Contract shall govern over the Contract. ■ The Contract Documents shall govern over the Contract; and In the event of conflicts within the Contract Documents, the priorities stated below shall govern: ■ Scope of Work and Specifications shall govern over plans and drawings. ■ Schedules, when identified as such, shall govern over all other portions of the plans. ■ Specific notes shall govern all other notes, and all other portions of the plans, unless specifically stated otherwise. ■ Larger scale drawings shall govern over smaller scale drawings. ■ Figured or numerical dimensions shall govern over dimensions obtained by scaling; and ■ Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern. 6. Indemnification The Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, and any involved City agencies and instrumentalities, from all liabilities, damages, losses, judgements, expenses, fees, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of or breach of this Contract by the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. The Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory actions, administrative or regulatory proceedings, or similar claims, liabilities, injuries or damages (including court costs and reasonable attorney's fees) arising or resulting from the permitted Work and/or failure to comply with Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B applicable contractual duties of the Contractor or codes, laws, rules, licenses, permits, and regulations in performance of the work, unless it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such action, claim or demand, the Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, agencies, and instrumentalities as provided herein. The indemnification provided above shall obligate the Contractor to indemnify, hold harmless, and a duty to defend, at its own expense, to and through trial, administrative, regulatory, appellate, supplemental, mediation, arbitration, or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Contractor, or persons employed, supervised, or utilized by the Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. The Contractor shall require all subcontractor agreements to include a provision that each subcontractor will indemnify, hold harmless and defend the City in substantially the same language as this Section. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving, or rejecting any submissions by the Contractor or other acts of the Contractor, the City, in no way, assumes, or shares any responsibility or liability of the Contractor or subcontractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Contractor. 7. Insurance Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage's set forth herein. 7.1 Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required The City of Miami must be listed as additional insured. Contingent Liability & Contractual Premises/Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazards Completed Operations extended for (3) years after project completion. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 7.2 Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned, or Schcdulcd Autos Including Hired, Borrowed or Non Owncd Auto Any One Accident $1,000,000 B. Endorsements Required The City of Miami must be listed as an additional insured. 7.3 Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation 7.4 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. 7.5 Umbrella Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $5,000,000 Aggregate $5,000,000 The City of Miami is listed as an additional insured. Coverage is excess follow form over all liability policies contained herein. 7.6 Contractor's Pollution Liability Each Occurrence $1,000,000 General Aggregate $1,000,000 City of Miami listed as the named insured. 7.7 Payment and Performance Bond The City of Miami must be listed as an Obligee. The City of Miami must be listed as additional insured. 7.8 Builders' Risk Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $10,000 All other Perils 5% maximum on Wind/Hail and Flood City of Miami listed as loss payees. A. Coverage Extensions: As provided by carrier. The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. Companies issuing all insurance policies required above must be authorized to do business in the State of Florida and must be rated no less than "A-" as to management, and no less than Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B "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 City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. The above policies shall provide the City with written notice of cancellation or material change from the insurer not less than thirty (30) calendar 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) calendar days prior to the date of their expiration. The Contractor shall furnish to Procurement the Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. The City shall be listed as an additional insured where applicable. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above to the Contractor: 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 Risk Administrator or their 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) calendar day written notice to the Contractor in accordance with Section 2, General Terms and Conditions, Article 4, "Notices." The Contractor 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 Contract value, as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 8. Performance and Payment Bond Where required by the Contract Documents or by Florida Statutes, the Contractor shall, within fourteen (14) calendar days of being notified of award, furnish a Performance/Payment Bond ("Bond") containing all the provisions of the attached Performance/Payment forms. Each Bond shall be in the amount of one hundred percent (100%) of the Contract value at award, including any dedicated and/or Owner's Contingency allowances, guaranteeing to City 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. Each Bond shall be with a surety, which is qualified pursuant to Article 9, "Qualification of Surety." 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 at award, including any dedicated and/or Owner's Contingency allowances, or an additional bond shall be conditioned that the Contractor will, upon notification by the City, correct any defective or faulty Work or materials which appear within one year after Final Completion of the Project. The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time, the Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide the City with evidence of such recording. Each bond shall substantially conform to the requirements of Section 255.05, Florida Statutes, and will be in a form acceptable to the Risk Management Administrator. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B Alternate Form of Security: In lieu of a Performance/Payment Bond, the Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check, or unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the prior approval of the City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by the City for one year after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000) 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. Payment / Performance Bonds shall be in the amount of one hundred percent (100%) of the contract value at award, including any dedicated allowance account and/or Owner's Contingency Allowance, and shall be in substantially the form provided by Section 255.05, Florida Statutes. 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 the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 10. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor shall, at all times, employ, maintain, and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor shall adjust staffing levels or to replace any staff if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff has the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character, and licenses as necessary to perform the Work, in a competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the City. Any such specific requirements will be included in the Technical Specification portion of the Contract. The Contractor shall, at all times, cooperate with the City and coordinate its respective Work efforts to progress the performance of the Work most effectively and efficiently. The City shall have full access to the Project site(s) at all times. The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. The Contractor shall bear all losses resulting from it on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. The Contractor shall at all times conduct the Work in such manner and in such sequence as will ensure the least practicable local interference. The Contractor shall not open up Work to the prejudice of Work already started, and the City may require the Contractor to finish a section on which Work is in progress before Work is started on any additional section. The Contractor is to take necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning that only best practices are to prevail, and only materials and workmanship of the best quality are to be used in the performance of the Work. 11. Method of Performing the Work If the City reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the City, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the City, the City shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by a third -party contractor and deduct such cost from any monies due to the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State, or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the City. The Contractor is responsible for controlling dust and preventing it from becoming a public nuisance or causing off -site damage. The Contractor shall take all necessary and prudent measures to control dust. The Contractor shall furnish the City with a complete listing of twenty-four (24) hour telephone numbers at which responsible representatives of the Contractor and all of the Contractor's subcontractors can be reached should the need arise at any time. 12. Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility. The way the Work is performed shall be subject to the approval of the City, who, if necessary, shall have the authority to require changes in the way the Work is performed. There shall be no obstruction of City services without the prior written approval of the City. All requests for such interruption or obstruction must be made in writing to the City at least twenty-four (24) hours in advance of the interruption of City operations. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the City. A staging plan must be submitted to and approved by the City prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. As noted above self -performance and all other similar requirements will apply jointly and severally to each phase, stage, or incremental portion of the work. 13. Site Investigation and Representation The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project site(s) as to the character, quality, and quantity of surface and Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory Work that may have been done by the City or included in this Contract Documents. The Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil materials or during filling of any area(s), or for any operation during the performance of the Work. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project site(s) will not relieve the Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Contractor shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 14. Contractor to Check Plans, Specifications, and Data The Contractor shall verify all dimensions, quantities and details shown on the plans, specifications, or other data received from the City as part of the Contract Documents, and shall notify the City of all errors, omissions, and discrepancies found therein within three (3) calendar days of discovery. The Contractor will not be allowed to take advantage of any error, omission, or discrepancy, as full instructions will be furnished by the City. The Contractor shall not be liable for damages resulting from errors, omissions, or discrepancies in the Contract Documents unless the Contractor recognized such error, omissions, or discrepancy and knowingly failed to report it to the City. 15. Contractor's Responsibility for Damages and Accidents The Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas: All lawn areas disturbed by construction shall be replaced with like kind to a condition similar to or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same re -sodded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Any fence, or part thereof, that is damaged or removed during the course of the Work shall be replaced or repaired by the Contractor and shall be left in as good a condition as before the start of the Work. Where fencing, walls, shrubbery, grass strips, or area must be removed or destroyed, incident to the construction operation, the Contractor shall, after completion of the Work, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 16. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project duration. The Contractor shall also comply with the Occupational Safety Health Act ("OSHA") requirements as defined in the United States Labor Code 29 Code of Federal Regulations ("CFR") 1926.50. In addition, the Contractor must report immediately to the City every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 17. Safety Precautions The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B ■ All employees on the Project site(s) and other people who may be affected thereby. ■ All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site(s); and ■ Other property at the Project site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. The Contractor shall designate a responsible member of its organization at the Project site(s) whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the City. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property caused directly or indirectly, in whole or in part, by the Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by the Contractor. The Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the City has issued the Contractor a notice of Final Acceptance. The Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected, or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders, and other legal requirements of public authorities (including OSHA, Environmental Protection Agency ("EPA"), Department of Environmental Resources Management ("DERM"), the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied, or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All rigging, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager. 18. Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code ("FAC") delivered as a result of a Project must be accompanied by a Material Safety Data Sheet (MSDS), which may be obtained from the manufacturer. The MSDS must include the following information: ■ The chemical name and the common name of the substance. ■ The hazards or other risks in the use of the substance, including: » The potential for fire, explosion, corrosion, and reaction. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B » The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and » The primary routes of entry and symptoms of overexposure. ■ The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. ■ The emergency procedure for spills, fire, disposal, and first aid. ■ A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading this information. ■ The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 19. Labor and Materials Unless otherwise provided herein, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, supplies, light, power, internal communications, 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. The Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site(s) and shall not employ on the Project any unfit person or anyone not skilled in the Work to which they are assigned. 20. Rules, Regulations, Laws, and Licenses The Contractor shall comply with all laws, rules, regulations, permits, codes, public agency or similar required consents and approvals relative to the provision of services, equipment, supplies and/or materials specified in the Contract Documents, including without limitation those imposed by the federal, state, county or city agencies having jurisdiction over the matter. The Contractor, its agents, subcontractors, and representatives shall be familiar with and comply with all federal, state, and local laws, rules, regulations, and approvals that may affect the Work, goods, and/or services offered. 21. Consultant Services The City, at its sole discretion, may hire a Consultant who shall serve as the City's Representative for the Project to be performed under the Contract Documents. The Contract Documents will state that a City's representative has been contracted with for the management of the Work under the Contract Documents and who will be the lead point of contact, the Consultant, or the Project Manager. Where a Consultant has been identified, the Consultant and the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 24, "Authority of the Project Manager." On the basis of the on -site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the Contractor and will not show partiality to either. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance, such documentation will be forwarded to the Project Manager. The Project Manager, in conjunction with the Consultant, will approve Schedules of Values, Project Schedules, subcontractors, and invoices. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B The City may contract for additional Consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional services and shall not be construed to supplant or alter the role and responsibilities of the Consultant. In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as that of the terminated Consultant. 22. Project Management Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management shall include, but is not limited to, obtaining bids from subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given by the Consultant or the Project Manager, which instructions are to be strictly and promptly followed in every case. The Contractor shall keep on the Project during its progress, a full-time, competent, English-speaking superintendent, and any necessary assistants, all -satisfactory to the Project Manager. The superintendent shall not be replaced except with the written consent of the Project Manager, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in the Contractor's employment. The superintendent shall represent the Contractor, and all directions given to the superintendent shall be as binding as if given to the Contractor and will be confirmed in writing by the Project Manager upon the written request of the Contractor. The Contractor shall give efficient supervision of the Work, using the Contractor's best skills and attention. The Project Manager shall be provided with telephone number(s) for the superintendent, where the superintendent can be contacted during normal working hours as well as after hours for emergencies. On Projects in excess of thirty (30) calendar days, the Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather conditions 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(s); visitors to the Project site, including regulatory representatives the City; 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 log in indelible ink. The daily log shall be kept on the Project site(s) and shall be available at all times for inspection and copying by the Project Manager and Consultant. The Project Manager, Contractor, Construction Manager, CEI, and Consultant shall meet at least every two (2) weeks or as otherwise determined by the Project Manager, during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If the Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be the Contractor's duty to inform the City immediately, in writing, and the City will promptly review the same. Any Work done after such discovery, until authorized, will be done at the Contractor's sole risk. The 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 Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 24. Authority of the Project Manager The Director hereby authorizes the Project Manager designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Contractor shall be bound by all determinations or orders of the 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, as soon thereafter as is practicable. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing and shall be issued. All instructions to the Contractor shall be issued through the Director or Project Manager. The Project Manager shall have access to the Project site(s) at all times. The Contractor shall provide safe facilities for such access, so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager will make periodic visits to the Work site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager will not be responsible for construction 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 Contract Documents. The Project Manager will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed, or completed. Neither the Project Manager's nor Consultant's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 25. Inspection of Work The Project Manager, Consultant, Construction Engineering Inspector (CEI), and other City representatives shall at all times have access to the Work during normal work hours, and the Contractor shall provide proper facilities for such access and for inspecting, measuring, and testing. Should the Contract Documents, Consultant, CEI, Project Manager's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, the Contractor shall give the Project Manager timely notice of readiness of the Work for testing. If the testing or approval is to be conducted by an authority other than the City, timely notice shall be given of the date fixed for such testing. Testing shall be done promptly, and, where practicable, at the source of supply. If any of the Work should Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B be covered up without approval or consent of the Project Manager, it must, if required by the Project Manager, be uncovered for examination, and properly restored at the Contractor's expense. Unless otherwise provided, the Contractor shall arrange for such tests, inspections, and approvals with the City's testing laboratory or entity. The Contractor shall give the City and the Project Manager timely notice of when and where tests and inspections are to be made so that the City or Project Manager may be present for such procedures. Re-examination of any of the Work may be ordered by the City, and if so ordered, the Work must be uncovered by the Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such cost. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate Contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents, or 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 the Contractor to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this Contract. 26. Taxes The Contractor shall pay all applicable sales, consumer, use and any other taxes, levies, assessments, and impositions all other impositions required by law, rule, or regulation. The Contractor is responsible for reviewing the pertinent state statutes and local laws involving state taxes/impositions and complying with all requirements. 27. Separate Contracts Prior to the commencement of the Work, the City will notify the Contractor of all ongoing Projects or Projects scheduled to commence during the Work that may require coordination. The Contractor shall be responsible for coordinating the Work with any other Project to minimize any potential adverse impact. The Contractor shall not be entitled to any days of delay for failure to coordinate the Work properly. The Project Manager will assist the Contractor in coordinating the Work; however, the sole responsibility for coordination rests with the Contractor. If any part of the Contractor's Work depends for proper execution or results upon the Work of any other persons, the Contractor shall inspect and promptly report to the City any defects in such Work that render it unsuitable for such proper execution and results. The Contractor's failure to so inspect and report shall constitute an acceptance of the other person's Work as fit and proper for the reception of the Contractor's Work, except as to defects that may develop in other contractor's work after the execution of the Contractor's Work. The Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, the Contractor shall be liable to the affected contractor for the cost of such interference or impact. To ensure the proper execution of subsequent Work, the Contractor shall inspect the Work already in place and shall at once report to the Project Manager any discrepancy between the executed Work and the requirements of the Contract Documents. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 28. Lands of Work The City shall provide, as may be indicated in the Contract Documents, the land upon which the Work is to be performed, rights -of -way, and easements for access thereto and such other lands as are designated by the City for the use of the Contractor. The Contractor shall provide, at the Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. The Contractor shall furnish to the City copies of written permission obtained by the Contractor from the owners of such facilities. 29. Coordination of Work The Project site(s) may be occupied and may operate as specified in Section 3, Supplemental Terms and Conditions, Article 1, "Contract Time and Hours." The Contractor shall ensure that the performance of the Work does not impact any ongoing operations at Project site(s), which also includes the delivery of any materials and equipment. Access to and egress from the Project site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference to regular and emergency operations of the facility. The Contractor may be required to coordinate the Work with other contractors performing Work at the Project site. 30. Differing Site Conditions In the event that during the course of the Work the Contractor encounters subsurface or concealed conditions at the Project site(s) which differ materially from those shown in the Contract Documents and from those ordinarily encountered and generally recognized as inherent in Work of the character called for in the Contract Documents; or unknown physical conditions of the Project site(s), of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in Work of the character called for in the Contract Documents, the Contractor, without disturbing the conditions and before performing any Work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify the City in writing of the existence of the aforesaid conditions. The City shall, within two (2) business days after receipt of the Contractor's written notice, investigate the site conditions identified by the Contractor. If, in the sole opinion of the City, the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, the City shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the City and the Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Director for a determination. Should the Director determine that the conditions of the Project site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, and the Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by the Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless the Contractor has given written notice and otherwise fully documented altering site conditions in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract price or Contract time for differing site conditions shall be allowed if made after the date certified by the City as the date of substantial completion. 31. Existing Utilities Known utilities and structures adjacent to or encountered in the Work will be shown in the Drawings. The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by the City for their accuracy or completeness. No request for additional compensation or Contract time resulting from encountering utilities not shown will be Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B considered. The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary adjustments. The Contractor must coordinate all underground utility locations through "Sunshine State One Call of Florida, Inc.," who shall be contacted a minimum of forty-eight (48) hours before the Contractor commences any digging. The Contractor is responsible for removing all utility markings once the Work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. 32. Contractor's Responsibility for Utility Properties and Service Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least forty-eight (48) hours in advance. Under no circumstances, 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 its subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage that may result from the construction operations under the Contract Documents. 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 to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, 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 trenching 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. The Contractor shall replace, with material approved by the City and at the Contractor's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the City. The Contractor shall also replace, with material approved by the City and at the Contractor's expense, any existing utilities damaged during the Work. 33. Interfering Structures An attempt has been made to show major structures in the furnished Drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field -verify all locations. The Contractor shall coordinate with any affected companies, including utility companies and take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground, including have the owner of the interfering structures place temporary supports. 34. Field Relocation During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such relocations shall be made only at the direction of the Project Manager at the Contractor's expense. If existing structures are encountered that will prevent construction as shown, the Contractor shall notify the Project Manager before continuing with the Work in order that the City may make such field revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails to notify the Project Manager when an existing structure is encountered, and proceeds with the Work despite this interference, the Contractor does so at their own risk. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor's use of the Project site(s) and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor, at his sole discretion, based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation. This is necessary, as the Project site(s) may remain in operation during the Work. ■ The Contractor shall: • Confine operations at the Project site(s) to the areas permitted by the Project Manager; not disturb portions of the Project site(s) beyond the specified areas; conform to Project site(s) rules and regulations affecting the Work. • Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees, and the public at all times; do not use areas for parking and/or storage of materials except as authorized by the Project Manager. • Assume all responsibility for its tools, equipment, and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project site(s) shall be subject to the approval of the Project Manager. 36. Warranty for Materials and Equipment The Contractor warrants to City that all materials and equipment furnished under the Contract Documents will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents and Contract/Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the City, the Contractor shall provide satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 37. Material and Equipment Shipment, Handling, Storage and Protection Preparation for Shipment: When practical, equipment shall be factory assembled. The equipment parts and assemblies that are shipped unassembled shall be furnished with assembly plan and instructions. The separate parts and assemblies shall be factory match -marked or tagged in a manner to facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to the City. Generally, machined, and unpainted parts subject to damage by the elements shall be protected with an application of a strippable protective coating, or other approved protective method. Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, and storage. The outside of the package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the recommended requirements for storage prior to installation. Packaging and Delivery of Spare Parts and Special Tools: Properly mark/identify the associated equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked to indicate the Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B contents. Delivery of spare parts and special tools shall be made prior to the time associated equipment is scheduled for the initial test run. Shipment: All equipment and materials shall be shipped by freight and shipping paid freight on board (FOB) job site. The Contractor shall request a seven (7)-calendar day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer of Record with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. Receiving: The Contractor shall unload and record the receipt for all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be included in the prices bid and no extra compensation will be allowed. Inspection: Immediately upon receipt of equipment and materials at thejobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. City -supplied equipment and material shall be inspected and inventoried together with the City's Inspector. Should there appear to be any shortage or damage, the City shall be immediately notified; and the Contractor shall be fully responsible for informing the manufacturers and the transportation company of the extent of the shortage or damage. If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary measures to expedite the replacement or supply the missing parts. Handling: Equipment and materials received for installation on the Project shall be handled in accordance with the manufacturer's recommendations, and in a manner that will prevent damage. Storage: Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as pipes shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance: The Contractor's insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control: Equipment and materials shall be stored in a manner to provide easy access for inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work. Equipment's Maintenance Prior to Acceptance by the City: Provide the required or manufacturer's recommended maintenance during storage, during the installation, and until such time as the City accepts the equipment for full-time operation. Salvage Equipment: Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor at his own expense, where directed by the City, and shall remain the property of the City. All other material shall be disposed of by the Contractor at his own expense. 38. Manufacturer's Instructions The Contractor shall: • Comply with manufacturer's requirements for the handling, delivery, and storage of all materials. Where required by the Contract Documents, the Contractor shall submit manufacturer's printed instructions for delivery, storage, assembly, and installation. • Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B are more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. ■ Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. ■ Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. ■ Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. ■ Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. ■ Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. ■ When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and installation, quality of workmanship, and applications. Manufacturer's representative shall provide the Contractor and the City a written report of field observations. 39. Manufacturer's Warranty The Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract Documents. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. The manufacturer's warranties will become effective upon Final Acceptance of the Project. 40. Reference Standards Reference to the standards of any technical society, organization, or body shall be construed to mean the latest standard adopted and published at the date of request for qualifications, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern unless otherwise stated. 41. Submittals The Contractor shall check and approve all shop drawings, samples, product data, schedule of values, and any and all other submittals to make sure they comply with the Contract Documents prior to submission to the City. The Contractor, by approving and submitting any submittals, represents that they have verified the accuracy of the submittals, and they have verified all of the submittal information and documentation with the requirements of the Contract Documents. At time of submission, the Contractor shall advise the City in writing of any deviations from the Contract Documents. Failure by the Contractor to advise the City of Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B any deviations shall make the Contractor solely responsible for any costs incurred to correct, add, or modify any portion of the Work to comply with the Contract Documents. Each shop drawing submittal shall contain a title block containing the following information: ■ Number and title of drawing, including Contract title and Number ■ Date of drawing and revisions ■ Name of Contractor and Subcontractor (if any) submitting drawings ■ Name of Project, Building or Facility ■ Specification Section title and number ■ The Contractor's Stamp of approval, signed by the Contractor or his checker ■ Space above the title block for Project Manager's or Consultant's action stamp ■ Submittal or re -submittal number (whether first, second, third, etc.) ■ Date of submittal The Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label to certify compliance with the requirements of the Contract Documents. Shop drawings submitted without the stamp and/or signature shall be rejected, and it will be considered that the Contractor has not complied with the requirements of the Contract Documents. The Contractor shall bear the risk of any delays that may occur because of such rejection. City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the City has returned approved submittals to the Contractor. The City shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the City. The City's review shall only be for conformance with design concepts and the information provided in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in which the item functions. The City shall return the shop drawings to the Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor of any responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has given written notice to the City of the specific deviations and the Consultant have issued written approval of such deviations. By approving and submitting shop drawings, Product Data and Samples, the Contractor represents that all materials, field measurements and field construction criteria related thereto have been verified, checked, and coordinated with the requirements of the Work and have been verified, checked, and coordinated with this Contract Documents. The Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the EOR's stamp of approval. Distribution shall include, but not be limited to; job site file, record documents file, subcontractor, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by the required governing authorities. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the City's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop drawings or portion of a shop drawing that alters, modifies, or adds to the requirements of the Contract Documents. Nothing in the City's review of shop drawings, Submittals and Samples shall be construed as authorizing additional Work or increased costs to the City. Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 42. ShopDrawings — NOT APPLICABLE The Contractor shall submit shop dramas as required by the Contract Documents. The purpose of the shop drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with this Contract Documents. Within five (5) calendar days after the City's award of the Contract, the Contractor shall submit to the City a complete list and submittal log of items for which shop drawings are to be submitted and shall identify Contractor from submitting complete shop drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of shop drawings. After the approval of the list of items required above, the Contractor shall promptly request shop drawings from the various mane ifacturerc fabricators and si pplierc The Contractor shall thoroughly review and check the shop drawings and each and every copy shall show its approval thereon. or Florida Statute such as structural drawings, require that they be prepared by a licensed cnginccr. It i& the sole responsibility of the Contractor to ensure that the shop drawings meet all Code requirements. In addition to all shop drawings required by the Contract Documents the Contractor must provide shop drawings for; all drainage structures including catch basins, drainage pipe, ballast rock, and exfiltration trench filter fabric. If the shop drawings show or indicatc departures from thc Contract Documcnts, thc Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve the Contractor of its responsibility to comply with the Contract and Documents. The City shall review and accept or reject with comments, shop drawings within fourteen (11) calendar days from the date received. The City's approval of shop drawings will be general and shall not relieve thc construction of the Work, nor for the furnishing of materials or Work required by the Contract Documents and not indicated on the shop drawings. No Work called for by shop drawings shall be performed until said shop drawings have been approved by EOR. Approval shall not relieve the Contractor from responsibility for errors or omissions of any sort in the shop drawings. interdependent where necessary to evaluate the design properly. It is the Contractor's responsibility to then make one submittal to the City along with its comments as to compliance, noncompliance, or f atures requiring special attention. additional information or changes on such drawings shall be typewritten or lettered in ink. The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly section number(s) and the shop drawing numbers of related Work. Shop drawings must be complete in every detail, including location of the Work. Materials ages ethods f fastening and spacing of fastenings, connections with other Work, cutting, fitting, drilling, and any and all other necessary Where professional calculations and/or certification of performance criteria of materials, systems, and/or Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B clear, and easy format to follow. The Contractor shall always keep one (1) set of shop drawings marked with EOR's approval at the job site. 43. Product Data The Contractor shall submit four (4) copies of product data, warranty information, and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, options, and other data. The Contractor shall supplement the manufacturer's standard data to provide information unique to the Work. The Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. Identify reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances. The Contractor shall submit a draft of all product data, warranty information, and operating and maintenance manuals at fifty percent (50%) completion of construction. 44. Samples The Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be coordinated for different categories of interfacing Work. The Contractor shall include identification on each sample and provide full information. 45. Record Set The Contractor shall maintain in a safe place at the Project site(s) one (1) record copy and one (1) permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the City, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit, and utility services. The Contractor shall certify the accuracy of the updated record documents. As a condition precedent to the City's obligation to pay the Contractor, the Contractor shall provide evidence, satisfactory to the City, that the Contractor is fulfilling its obligation to update the record documents continuously. All buried items, outside the Project site(s), shall be accurately located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g., interior, or exterior wall faces). The record documents shall be clean, and all changes, corrections, and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to the Contractor's entitlement to final payment, the record documents shall be delivered to the City by the Contractor. The Record Set of drawings shall be submitted in both hardcopy and as electronic plot files. 46. Supplemental Drawings and Instructions The City shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or their performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. The City shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings, or additional information as the Work proceeds, all of Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B which shall be considered as part of the Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 47. Contractor Furnished Drawings A Contract Documents may require the Contractor to furnish design, shop, and/or as -built drawings depending on the nature and scope of the Work to be performed. The following applies to the different types of drawings. The City shall, after reviewing the drawings, initial and mark the drawings in one of the following manners: 1. ACCEPTED - No correction required. 2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can proceed subject to re -submittal and acceptance of the drawings. 3. REVISE AND RESUBMIT - Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the City prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor of responsibility for errors and omissions in the drawings. 48. Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant sufficient information is submitted by the Contractor to allow City and Consultant to determine whether the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by the City from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall make application to the City for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice the Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other Contractors affected by the resulting change, all of which shall be considered by the Consultant in evaluating the proposed substitute. The City may require the Contractor to furnish at the Contractor's expense additional data about the proposed substitute. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by Contract Documents, the Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the Consultant, if the Contractor submits sufficient information to allow the FOR to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Consultant shall be the same as those provided herein for substitute materials and equipment. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The City shall be the sole judge of the acceptability of any substitute. No substitute shall be ordered, installed, or utilized without the City's and the Consultant's prior written acceptance, which shall be evidenced by either a Change Order or an approved submittal. The City may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may require the Contractor to reimburse the City for the charges of the Consultant for evaluating the proposed substitute. The Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any required design of such are in full compliance with and meet all the requirements of the Contract Documents. 49. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the City any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This shall also apply to any revisions or omissions identified by the Contractor. The Contractor shall submit all requests for information entitled Request for Information (RFI). The City shall respond to all RFI's in writing. The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions, and/or errors, not identified in writing to the City prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. The Contractor is responsible for coordinating the set of drawings with all trades to ensure that the Work will be performed correctly and coordinated among the trades. The Contractor shall not scale the drawings. 50. Interpretation of Drawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together and not separately. During the performance of the Project, should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the City will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the City's interpretation and perform the Work in accordance with the decision of the City. In such event, the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 51. Product and Material Testing All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense. The City may, in its sole and absolute discretion, test materials, and products at its own cost. However, should such materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the City for the cost of such tests and repair or replace said materials or products. In such instances, the City may deduct such costs from any payments pending to the Contractor. 52. Field Directives The City may at times issue field directives to the Contractor based on visits to the Project site(s). Such Field Directives shall be issued in writing, and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the scope of the Work, the Contractor shall, within forty-eight (48) hours, notify the City that the Work 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 to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the City that the Contractor reserves the right to make Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents and without notice to any Surety, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within the scope of the Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by the City. 54. Continuing the Work The Contractor shall execute the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract price or Contract time for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 55. Change Orders Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed Work; or submit the matter in dispute to the Director as set forth in Article 90, "Resolution of Disputes." During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the City and Director in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. Upon approval by the City of any Change Order increasing the Contract Price, the Contractor shall have fourteen (14) calendar days to execute said Change Order and provide any additional performance and payment bonds documents, as applicable, that reflect and guarantee such increase in the total Contract Price. Subsequently, the City, either through the City Manager or the City Commission, as applicable, will execute the Change Order after review and approval of the additional performance and payment bonds by the City's Risk Management Department. Under circumstances determined necessary by the City, Change Orders may be issued unilaterally by the City. The City reserves the right to order changes which may result in additions to, or reductions of the amount, type, or value of the Work shown in the Contract, and which are within the general scope of the Contract Documents. Any such changes will be known as "Extra Work." No Extra Work shall be performed except pursuant to written orders of the City expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the City may direct, order, or require the Contractor to perform any Work including that which the Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the City stating why the Contractor deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the City to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 56. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule, for performance of both the Extra Work and any other Work affected by the Extra Work. The City shall initiate the Extra Work procedure by a notice to the Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to start the Extra Work immediately. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe. The Contractor is required to provide the Project Manager with a detailed Change Proposal Request, which shall include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification, and overhead rates in support of Contractor's Change Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project. If the Contractor fails to notify the City of the schedule changes associated with the Extra Work, it will be deemed an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten percent (10%) of the direct labor and material costs, unless the City determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. The Change Proposal Request may be accepted or modified by negotiations between the Contractor and the City. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order shall serve as a release of the City from all claims and liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any prior acts, neglect or default of the City relating to the Extra Work. Upon execution of a change order that affects the Contract Time, the Contractor shall, within five (5) business days, submit a revised Project schedule reflecting the changes to the baseline schedule. 57. No Oral Changes Except to the extent expressly set forth in the Contract, no change in or modification, termination, or discharge of the Contract or, in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. 58. Value of Change Order Work The value of any Work covered by a Change Proposal Request or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: ■ Where the Work involved is covered by unit prices contained in the Contract, by application of unit prices to the quantities of items involved. ■ By mutual acceptance of a Contract unit price, which the Contractor and Project Manager acknowledge, contains a component for overhead and profit. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B ■ Based on the "Cost of Work," determined as provided in this, plus the Contractor's fee for overhead and profit, which is determined as provided in this Article. ■ The term "Cost of Work" means the sum of all direct costs necessarily incurred and paid by the Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in herein. Payroll costs for employees in the direct employment of the Contractor in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by the City. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the Work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by City. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to the Contractor unless the City deposits funds with the Contractor with which to make payments, in which case the cash discounts shall accrue to the City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and the Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from the Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. If required by the City, the Contractor shall obtain competitive bids for the Change Order Work. The Contractor shall deliver such competitive bids to the City who will determine which bids will be accepted. If the subcontractor is to be paid on the basis of cost of the Work plus a fee, the subcontractor's cost of the Work shall be determined in the same manner as the Contractor's cost of the Work. All subcontractors shall be subject to the other provisions of the Contract Documents as far as applicable. The term "Cost of the Work" shall include any of the following: ■ Cost of special Consultants, including, but not limited to, Consultants, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the Work described in the Change Order. ■ Supplemental costs including the following: ■ The proportion of necessary transportation, travel, and subsistence expenses of the Contractor's employees incurred in discharge of duties connected with the Work except for local travel to and from the site of the Work. ■ Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and less market value of such items used but not consumed which remains the property of the Contractor. ■ Sales, use, or similar taxes related to the Work, and for which the Contractor is liable, imposed by any governmental authority. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B ■ Deposits lost for causes other than the Contractor's negligence, royalty payments, and fees for permits and licenses. ■ The cost of utilities, fuel, and sanitary facilities at the site. ■ Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the Work. ■ Cost of premiums for additional bonds and insurance required because of changes in the Work. The term "Cost of Work" shall not include any of the following: ■ Payroll costs and other compensation of the Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by the Contractor whether at the site or in its principal or a branch office, for general administration of the Work and not specifically included in the agreed -upon schedule of job classifications, all of which are to be considered administrative costs covered by the Contractor's fee. ■ Expenses of the Contractor's principal and branch offices other than the Contractor's office at the site. ■ Any part of the Contractor's capital expenses, including interest in the Contractor's capital employed for the Work and charges against the Contractor for delinquent payments. ■ Cost of premiums for all Bonds and for all insurance whether or not the Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. ■ Costs due to the negligence or neglect of the Contractor, any subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property, or soft costs such as consultant costs, or any costs not directly attributable to the work. ■ Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article. The Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: ■ A mutually acceptable fixed fee or if none can be agreed upon. ■ A fee based on the following percentages of the various portions of the cost of the Work. ■ Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten percent (10%). ■ Where a Subcontractor performs the Work, Contractor's fee shall not exceed seven and one-half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%). ■ No fee shall be payable for special Consultants or supplemental costs; and ■ No other markup or charge shall be allowed except as expressly provided above. The amount of credit to be allowed by Contractor to City for any such change, which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B included in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any Work is to be determined pursuant to this Article, the Contractor will submit in a form acceptable to the City an itemized cost breakdown together with the supporting data. Whenever a change in the Work is based on mutual acceptance of a lump sum, whether the amount is an addition, credit, or no change -in -cost, the Contractor shall submit an initial cost estimate acceptable to the City. ■ Breakdown shall list the quantities and unit prices for materials, labor, equipment, and other items of cost. ■ Whenever a change involves the Contractor and one (1) or more subcontractors, and the change is an increase in the Contract Price, overhead and profit percentage for the Contractor and each subcontractor shall be itemized separately. ■ Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "Cost of Work." 59. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra Work, or in case of extenuating circumstances, the City may nevertheless issue a directive to the Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 90, "Resolution of Disputes," by furnishing a written statement to the Construction Manager within five (5) calendar days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its bid and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Contractor's claim including the manner that the disputed item was specified in the Contractor's bid. During the pendency of any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager's written instructions. In the event there is a dispute as to price, the Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Contractor's claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties' inability to agree upon a mutually satisfactory price shall be as follows: ■ No payment will be made to the Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed ten percent (10%). This will not vary whether the Extra Work is performed by the Contractor or his subcontractor. The Project Manager must approve of any exceptions. "Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Construction Manager; and (vi) any additional materials necessary for the performance of the Extra Work. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require supporting all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor, materials, or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to the Contractor of such Work, and in addition thereto five percent (5%) to cover the Contractor's superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification, or revision by representatives of the City. 60. As -Built Drawings The Contractor shall prepare and submit as -built drawings specifically for the new electrical feeds associated with the lighting fixtures. These as-builts shall accurately reflect the final field installation, including all routing, conduit sizes, and connection points. 61. Worker's Identification The Contractor's employees, who include any subcontractor, 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 removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List, and Final Completion The Work shall be substantially complete when the City, in the reasonable exercise of their discretion determines that the Work is complete, there are no material and/or substantial variations from the Contract Documents, and the Work is fit for its intended purpose. Upon Substantial Completion, the City and the Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that the City inspects the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The City shall schedule Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B the date and time for any inspection, and notify the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed, as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the City and the Contractor, confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City. Where the Punch List is limited to minor omissions and defects, the City shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the City determines, on the appropriate form that the Work is not substantially complete, the City shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The City and the Contractor shall agree on the time reasonably required to complete all the remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the City shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form that shall establish the Date of Substantial Completion. Once substantial completion is achieved, the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of the Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents. 64. Acceptance and Final Payment Upon receipt of written notice from the Contractor that the Work is ready for final inspection and acceptance, the City shall, within ten (10) calendar days, make an inspection thereof. If the City finds the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be issued by the City. Said Certificate shall state that the requirements of the Contract Documents have been performed, and the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, the Contractor shall deliver to the City a final release of all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings; operations and maintenance data, and the final bill of materials, if required, and payment application. The Contractor shall deliver the written Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate of Payment. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Project Manager so certifies, City shall, upon such certification of Consultant, and without terminating the Contract Documents, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The acceptance of final payment shall constitute a waiver of all claims by the Contractor, except those previously made in strict accordance with the provisions of the Contract and identified by the Contractor as unsettled at the time of the application for final payment. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 65. NPDES Requirements The Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the bid prices. For further information on compliance requirements for NPDES and SWPPP contact the City of Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at http://www.dep.state.fl.us/water/stormwater/npdes/. The Contractor is responsible for obtaining, completing, and paying for any required NPDES application or permits that may be required. 66. Force Majeure Should any failure to perform on the part of the Contractor be due to a condition of force majeure as that term is interpreted under Florida law, and then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the Contractor shall request a time extension from the City within two (2) business 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. It does not include inclement weather, except as permitted by Florida law, and may not include the acts or omissions of subcontractors. 67. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted subcontractors, whether or not in privity of Contract with the Contractor for the purpose of this Article. If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: • The cause of the delay arises after issuance of the NTP and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work. • The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed; and • The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts, and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the City determines that any information provided by the Contractor in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the City will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor. The request for an Excusable Delay shall be made within ten (10) calendar days, except for Force Majeure which must be requested within two (2) business days, after the time when the Contractor knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The City may require the Contractor to furnish such additional information Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the Contractor's request for Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees with that decision. With regard to an injunction, strike, or interference of public origin, which may delay the Project, the Contractor shall promptly give the City a copy of the injunction or other orders and copies of the papers upon which the same shall have been granted. The City shall be afforded the right to intervene and become a party to any suit or proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem proper. The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as such date may have been extended by a change order), the making of any payment to the Contractor, the issuance of any Change Order, shall not waiver the City's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring the Contractor in default. 68. Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be made by written notice by the Contractor to the City within ten (10) 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 of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless the City allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by the Contractor's written notarized statement that the 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. All claims for changes in the Contract Time or Contract Price shall be determined by the City in accordance with Article 70, "No Damages for Delay," if City and the Contractor cannot otherwise agree. It is expressly and specifically agreed that any and all claims for changes to the Contract time or Contract price shall be waived if not submitted in strict accordance with the requirements of this Article. The Contract time 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 the Contractor if a claim is made therefore as provided in this Article. Such delays shall include, but not be limited to, acts or neglect by any separate Contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God 69. Extension of Time not Cumulative In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in Article 71, "Excusable Delay, Non-Compensable," the Contractor shall not be entitled to a separate extension for each one of the causes; only one (1) period of extension shall be granted for the delay. 70. No Damages for Delay No claim for damages or any claim, other than for an extension of time, shall be made or asserted against the City because of any delays except as provided herein. The Contractor shall not be entitled to an increase in the Contract price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City. Otherwise, the Contractor shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such a resulting delay, in accordance with and to the extent specifically provided above. THERE WILL BE NO EXCEPTIONS. Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections, or tests of the Work, in a timely manner. The Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of the Contractor, its subcontractors, suppliers and vendors, agents, and representatives, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by the Contractor or its subcontractors, suppliers or vendors or agents and representatives and by the City or Consultant. Then the Contractor shall be entitled only to a time extension and no compensation for the delay. The Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. The Contractor shall document its claim for any time extension as provided in Article 68, "Notification of Claim," hereof. Failure of the Contractor to comply with Article 68, "Notification of Claim" 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. 72. Lines and Grades The Contractor shall, at its own expense, establish all working and construction lines and grades as required from the Project control points set by the City, and shall be solely responsible for the accuracy thereof. All Work along the entire Project shall be located and constructed using the roadway base/center line as reference. All elevations shown therein are in feet. 73. Defective Work Project Manager shall have the authority to reject or disapprove Work that Project Manager finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with Work in conformity with the Contract Documents. Contractor shall bear all direct, indirect, and consequential costs of such removal or corrections including cost of testing laboratories and personnel. Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City, City shall have the authority to cause the defective Work to be removed or corrected or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections, or repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B specific provision of the Contract, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation that the Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 74. Acceptance of Defective or Non -Conforming Work The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead of requiring its removal and correction. In such instances, a Change Order will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is determined after final payment, any difference in the amount shall be paid to the City by the Contractor. 75. Uncovering Finished Work The Project Manager, Inspector, and/or Consultant's right to make inspections shall include the right to order the Contractor to uncover or take down portions of finished Work. The City shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering, taking down, replacement, and/or restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related costs, in connection with such uncovering, taking down, replacing, and restoration at the Project site. 76. Correction of Work The Contractor shall promptly correct all Work rejected by the Project Manager as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. The Contractor shall bear all the cost of correcting such rejected Work, including the cost of the City's additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the Project Manager of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, as determined by the City, and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the Contractor's bid. Reg ulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), Federal Department of Transportation (FDOT), Roadway and Bridge Standard Index Drawing Book, permits or data. The Contractor shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No Street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval. If required by the Project Manager, Traffic Division, or FDOT or as otherwise authorized by the City, the Contractor shall make arrangements for the employment of uniformed off -duty police officers to maintain and regulate the flow of traffic through the Work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. The Contractor shall provide all barricades with warning lights, necessary arrow boards, and signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. The Contractor shall be responsible for the provision, installation, and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index -drawing book. In addition, the Contractor shall be responsible for providing the City with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed, and sealed by a professional engineer registered in the State of Florida, employed by the Contractor, and certified under FDOT Procedure NPIL No. 625-010-010. Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), forty-eight (48) hours prior to any excavation. Any loop detector that is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (305) 592-3470. Where applicable, the Contractor shall notify the Traffic Division twenty-four (24) hours in advance of the construction date or forty-eight (48) hours in advance of construction within any signalized intersection. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed, and the swale or median areas restored to their previous condition. Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping The Contractor shall take appropriate steps to ensure that all temporary pumps, piping, and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures Where construction of the Project shall involve lane closures of public streets, a Lane Closure Permit must be obtained two (2) weeks prior to planned construction, with a minimum forty-eight (48) hour prior notice to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. weekdays. 78. Location and Damage to Existing Facilities, Equipment, or Utilities As far as possible, all existing utility lines in the Project area(s) will be shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor's responsibility to field -verify all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and planned location of utilities, and damages suffered as a result thereof. The Contractor shall notify each utility company involved at least fourteen (14) calendar days prior to the start of construction to arrange for positive underground location, relocation, or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid for by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. All overhead, surface, or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 79. Stop Work Order The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) calendar days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, or the Stop Work Order may commence on a later date as the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) calendar 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: Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B ■ Cancel the Stop Work Order; or ■ Terminate the Work covered by such order as provided in Article 89, "Termination for Convenience." If a Stop Work 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 City determines that the suspension of Work was necessary due to the Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor, or any other reason caused by the Contractor's fault or omission, the Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. 80. Hurricane Preparedness During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City has given notice of same. Compliance with any specific hurricane warning or alert precautions will not constitute additional Work. 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 Contract time as non-compensable, excusable delay, and shall not give rise to a claim for compensable delay. 81. Use of Completed Portions The city shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increase the cost of or delays the Work, the Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by the City. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: ■ The City shall give notice to the Contractor in writing at least thirty (30) calendar days prior to the City's intended occupancy of a designated area. ■ The Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from the City. ■ Upon the City's issuance of a Certificate of Substantial Completion, the City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage, and start of warranty for the occupied area. ■ The Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by the City on the Certificate of Substantial Completion, as specified in the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, City shall issue a Certificate of Final Payment relative to the occupied area. ■ If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and the Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B use. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 82. Cleaning Up; City's Right to Clean Up The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than twenty-four (24) hours. At the completion of a Project, the Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery, and surplus materials. If the Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, the City may do so, and the cost thereof shall be charged to the Contractor. If a dispute arises between the Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the City shall determine to be just. All combustible waste materials shall be removed from the Project at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. 83. Removal of Equipment In case of termination of this Contract before completion for any cause whatsoever, the Contractor, if notified to do so by the City, shall promptly remove any part or all of the Contractor's equipment and supplies from the property of City. If the Contractor does not comply with the City's order, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. 84. Set -offs, Withholdings, and Deductions The City may set off, deduct, or withhold from any payment due to the Contractor, such sums as may be specifically allowed in the Contract or by applicable law including, without limitation, the following: ■ Any amount of any claim by a third party. ■ Any Liquidated Damages; and/or ■ Any unpaid legally enforceable debt owed by the Contractor to the City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act. 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include but not limited to, one (1) or more of the following: ■ The Contractor has not performed the Work in a timely manner. ■ The Contractor has refused or failed, except in case for which an extension of time is provided, to supply properly skilled staff or provided sufficient quantities of staff to perform the Work. ■ The Contractor has failed to make prompt payment to subcontractors or suppliers for any services or materials they have provided. ■ The Contractor has become insolvent or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver. ■ The Contractor has failed to obtain the approval of the City where required by the Contract. ■ The Contractor has failed in the representation of any warranties stated herein. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B ■ The Contractor has been debarred in the State of Florida or been placed on the convicted vendors list under Section 287.133, Florida Statutes. ■ The Contractor has breached a material term or provision of the Contractor Documents and has not timely cured the breach. ■ When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it must, within the time frame set forth in the City's request, provide adequate assurances and a plan of action to the City, in writing, of the Contractor's ability to perform in accordance with the terms of the Contract Documents. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: » Treat such failure as a repudiation of the Contract and/or. » Resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. ■ In the event the City may, at its sole discretion, terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. ■ Where the City erroneously terminates the Contract for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86. Notice of Default -Opportunity to Cure In the event that the City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor in writing, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified time frame, or the Contract with the City may be terminated. The City should issue such Notification; however, the City is under no obligation to issue such notification in the event the City lacks actual knowledge of the default. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another Contractor and any such costs incurred will be deducted from any sums due to the Contractor under any Contract with the City. 87. Termination for Default If the Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City, the Director in addition to all remedies available to it by law, may immediately, upon written notice to the Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to the Contractor while the Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. The Contractor understands and agrees that termination of this Contract under this Article shall not release the Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: ■ The Contractor fails to obtain the insurance or bonding herein required by the Contract. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B ■ The Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract Documents, beyond any specified period allowed to cure such default. ■ The 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 the Contract. If this Contract is terminated for default and the City has satisfied its obligations under the Contract Documents the City is granted by the Contractor full use of the Work and any Work Product in connection with the City's completion and occupancy of the Project. Where it has been determined that the Contractor has been erroneously terminated under this Article, such termination shall be deemed to have been under Article 89, "Termination for Convenience." The City in its sole discretion may terminate the Contract without providing the Contractor a written Notice to Cure. 88. Remedies in the Event of Termination for Default If a Termination for Default occurs, the Contractor and the bond provider, if applicable, shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages. The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor, equipment, and materials (not owned or paid for by the City) from the Work site. The City assumes no liability for the Contractor's failure to remove such items from the Project site(s) as required. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction. 89. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice shall state the date upon which the Contractor shall cease all Work under the Contract and vacate the Project site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: ■ Stop all Work on the Project on the date specified in the notice (the "Effective Date"). ■ Take such action as may be necessary for the protection and preservation of the City's materials and property. ■ Cancel all cancelable orders for materials and equipment. ■ Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work. ■ Take no action that shall increase the amounts payable by the City under the Contract Documents; and ■ Take reasonable measures to mitigate the City's liability under the Contract Documents. ■ All charts, sketches, studies, drawings, reports, and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to deliver the documentation timely shall be cause to withhold any payments due without recourse by the Contractor until all documentation is delivered to the City. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the Contractor: ■ For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the Work. To the extent practical, the fair and reasonable value shall be based on the price established because of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. ■ The amount due hereunder may be offset by all payments made to the Contractor. ■ All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all claims against the City arising out of the termination. Further, the City may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. ■ The Contractor shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. ■ All payments made under the Contract are subject to audit. Upon the City's payment in full of the amounts due to the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes The Contractor understands and agrees that all disputes between the Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Section 2, Article 4, "Notices." Should the Contractor and the Project Manager fail to resolve the dispute, the Contractor shall submit their dispute in writing, with all supporting documentation, to the Assistant Director of OCI, as identified in Section 2, Article 4, "Notices." Upon receipt of said notification, the Assistant Director of OCI shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director of OCI fail to resolve the dispute, the Contractor shall submit their dispute in writing within five (5) calendar days to the Director of OCI. Failure to submit such an appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification, the Director of OCI shall review the issues relative to the claim or dispute and issue a written finding. The Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such an appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for the resolution, is required prior to the Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed one hundred thousand dollars ($100,000), the City Manager's decision shall be approved or disapproved by the City Commission. The 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 ■ A period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B a period of ninety (90) calendar days has expired where City Manager's decision is subject to City Commission for approval; or ■ City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within fourteen (14) calendar days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract price or Contract time adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) calendar days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. If a party fails to timely take the written objection, as provided, in fourteen (14) calendar days, then such party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 91. 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 construction of a Project, and/or following the completion of the Project, the parties to this Contract 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 similar Contract provisions with all subcontractors 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 Contract. In any mediation or litigation between the Parties, each Party shall bear their own attorney's fees except that Contractor shall pay all attorney's fees of all attorneys it has engaged to defend the City pursuant the Contractor's duty to indemnify, hold harmless and defend the City pursuant to Section 2, Article 6, "Indemnification." 92. City May Avail Itself of All Remedies The City may avail itself of each and every remedy herein specifically given to it now or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise, or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies as set forth in the Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. 93. Permits, Licenses, and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That also includes any other permit fees not directly related to the actual construction of the Project, including but not limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County, the State of Florida, or other governmental entities. Except as otherwise provided within the Contract Documents, all permits, and licenses required by federal, state, or local laws, rules, and regulations necessary for the prosecution of the Work undertaken by the Contractor pursuant to the Contract Documents shall be secured and paid for by the Contractor. It is the Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 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. The Contractor shall pay impact or similar fees levied by the City and/or Miami -Dade County. The Contractor shall be reimbursed only for the actual amount of the impact fee levied by the public entity as evidenced by an invoice or other acceptable documentation issued by the public entity. Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g., Building Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the City through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity. Permit Fees reimbursement to the Contractor shall be for the actual amount and in no event shall include profit or overhead of the Contractor. Permit fees related the Contractor's operations (e.g., permits for dumpsters, job trailers, canteens, portable commodes, etc., et.al.) are not reimbursable. 94. Compliance with Applicable Laws All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract documents and specifications, the City of Miami's Standards for Design and Construction as well as the Miami -Dade County's Standard Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The Contractor shall comply with the most recent editions and requirements of all applicable laws, rules, regulations, and building and construction codes of the Federal government, the State of Florida, the County, and the City. The attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes of Miami -Dade County and the City of Miami, Florida, governing the qualifications for the Contractor and subcontractor doing business anywhere in the City. 95. Independent Contractor The Contractor is engaged as an independent business and agrees to perform Work as an Independent Contractor. In accordance with the status of an Independent Contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the Contractor as a subcontractor, expert, consultant, Independent Contractors, specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to: unemployment insurance; worker's compensation and anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to defend, indemnify, hold, and save harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 96. Third Party Beneficiaries Neither the Contractor nor the City intends to benefit a third party, directly or substantially, with this Contract. Therefore, the parties agree that there are no third -party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 97. Successors and Assigns Subject to Section 2, Article 111, "Consent of City Required for Subletting or Assignment," the performance of this Contract 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 approval shall be cause for the City to terminate this Contract. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements, and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each bind one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 98. Materiality and Waiver of Breach City and the Contractor agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 99. Severability In the event any provision of the Contract Documents, or any Section or Article or provision in these Contract Documents, is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. 100. Applicable Law and Venue of Litigation; Attorney's Fees This Contract will be interpreted under the laws of the State of Florida, which will apply regardless of choice of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action or other proceeding or claim is necessary by either party with respect to the enforcement of any or all of the terms or conditions, herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties waive any objections to venue. All parties shall bear their own attorney's fees. 101. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager, Director, or designee. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 102. Entire Agreement The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the City and the Contractor and supersede all prior negotiations, representations, or agreements, written or oral. This Contract 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 the Contract Documents shall not be deemed to be a waiver of any other breach of any provision of the Contract Documents. 103. Non-discrimination, Equal Employment Opportunity, and Americans with Disabilities Act The Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. The 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, the Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. The Contractor's decisions regarding the delivery of services under the Contract Documents shall be made without regard to or consideration of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 104. Evaluation The Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any other time deemed appropriate by the City, a performance evaluation report will be completed by the City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County and the State of Florida Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 106. Buy America Requirements NOT APPLICABLE As applicable, and pursuant to Code of Federal Regulations (CFR) Title 23, Chapter I, Subchapter G, Part 635 (§635.'110, Buy America Requirements). The Contractor must provide a signed certification statement processes of the steel material in a project (i.e., smelting, and any subsequent proccsc which alters the steel material's physical form or shape or changes its chemical composition) must occur within the United States to be considered of domestic origin. This includes processes such as rolling, extruding, machining, bending grinding and drilling Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 107. Royalties and Patents All fees, royalties, and claims for any invention, or pretended inventions, or patent of any Article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 108. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current Contract period shall, unless terminated by mutual written agreement between the City and the involved the Contractor, continue until completion at the same prices, terms, and conditions. 109. Review of Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts of the Contractor which relate in any way to the Project, and to any claim for additional compensation made by the Contractor, and to conduct an audit of the financial and accounting records of the Contractor which relate to a Project and to any claim for additional compensation made by the Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP) and shall only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with this statute. Otherwise, the Contractor shall retain and make available to the City all such books, records, and accounts, financial or otherwise, which relate to the Project and to any claim for a period of five (5) years following Final Completion of the Project. The Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service for five (5) years after project completion; (2) upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the City; (4) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. The Contractor shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(a�MIAMI.GOV, OR REGULAR MAIL AT CITY OF MIAMI Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9T" FL, MIAMI, FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT THAT IS ADMINISTERING THIS CONTRACT. 110. No Interest Any monies not paid by the City when claimed to be due to Contractor under the Contract Documents, including, but not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes, as they relate to the payment of interest, shall apply to valid and proper invoices. 111. Payments Related to Guaranteed Obligations The City may withhold from any payments to be made such sums as may reasonably be necessary to ensure completion of the Project with respect to defective Work, equipment, or materials that may be identified by the Project Manager. The City may deduct from any payment due to the Contractor an amount equal to its cost incurred on account of the Contractor's failure to fully perform its obligations under the Contract. The Project Manager, prior to withholding or deducting any monies hereunder, shall give the Contractor notice of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the City will pay the Contractor any monies owed, subject to Contractor's submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents. 112. Consent of City Required for Subletting or Assignment If the Contractor assigns, transfers, sublets, conveys, or otherwise disposes of the Contract or its right, title, or interest in or to the same, in whole or in part, or any part thereof without the previous consent in writing of the City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent, or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to and in compliance with applicable general laws of the State of Florida. 113. Agreement Limiting Time in Which to Bring Action against the City In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie or be maintained by the Contractor against the City upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final payment has not been issued within six (6) months of substantial completion of the Work or upon any claim relating to monies required to be retained for any period after the issuance of the said certificate, unless such action is commenced within six (6) months after such monies become due and payable under the terms of the Contract Documents, or if the Contract is terminated or declared abandoned under the provisions of the Contract unless such action is commenced within six (6) months after the date of such termination or declaration of abandonment by the City. In the event this Article is found to be unenforceable, the shortest limitations period applicable to the action under Chapter 95, Florida Statutes shall apply. 114. Defense of Claims Should any claim be made, or any legal action brought in any way relating hereto or to the Work hereunder, except as is covered by the provisions of the General Terms and Conditions, Section 2, Article 6, "Indemnification," the Contractor shall diligently render to the City, after additional compensation is mutually agreed upon, any and all assistance which the City may require of the Contractor. Additional compensation Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B will only be furnished relative to the costs of any corrective Work as defined in Section 2, Article 6, "Indemnification," which is not the fault of the Contractor; the Contractor will be responsible for payment of attorney's fees and costs incurred in defense of the Contractor and of the City. This Section shall survive the cancellation or expiration of this Contract. 115. Contingency Clause Funding for this Contract is contingent on the availability of funds and continued authorization for program activities, and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in programs or regulations, upon thirty (30) calendar days' notice. 116. Mutual Obligations This document, change order, field directive, and written clarifications issued under the Contract, and the Contractor's submittals, shall constitute the Contract Documents between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereto unless acknowledged in writing by their duly authorized representatives. Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where the Contract Documents imposes an indemnity obligation on the Contractor, the City may, at its expense, elect to participate in the defense of the claim if the City should so choose. Furthermore, the City may, at its own expense, defend or settle any such claim if the Contractor fails to diligently defend such claim, and thereafter seek indemnity for such cost from the Contractor. 117. Contract Extension The City reserves the right to exercise its option to extend the Contract for up to ninety (90) calendar days beyond the original Contract period. In such event, the City will notify the Contractors, in writing, of such extensions. 118. Non -Exclusivity It is the intent of the City to enter into a Contract with successful Contractor that will satisfy its needs as described herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed, the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to award of other Contracts, use of any Contractor, or perform the Work with its own employees. 119. Nature of the Agreement The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall provide full and prompt cooperation with the City in all aspects of the Work to be performed. The Contractor acknowledges that the Contract Documents require the performance of all things necessary for or incidental to the effective management and performance of a Project. All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and the Contractor shall perform the same as though they were specifically mentioned, described, and delineated. The Contractor shall furnish all labor, materials, tools, supplies, and other items required for the completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project Manager. 120. Contract Documents Contain All Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. 121. Survival The parties acknowledge that any of the obligations in the Contract Documents will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under the Contract, which by nature would continue beyond the termination, cancellation, or expiration thereof, should survive termination, cancellation, or expiration thereof. Provisions of this Contract that shall survive termination, cancellation, or expiration thereof, include without limitation: Section 2, Article 6, "Indemnification," Section 2, Article 89, "Termination for Convenience," Section 2, Article 3, "Contract Price & Guaranteed Maximum Cost." 122. Disclosure of State Funding, if applicable If State funds are being used by the City to pay for this work, the City document whether payment will come from funds appropriated by the state and, if known, the amount of such funds or the percentage of such funds as compared to the anticipated total cost of the personal property or construction services. 123. Antitrust Violator Vendors A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity 124. Anti -Human Trafficking The Contractor confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Contractor shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as "Anti -Human Trafficking Affidavit". If the Successful Contractor fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Successful Contractor for any additional compensation or for any consequential or incidental damages. It is MANDATORY for the Contractor to return this form signed along with their bid. END OF SECTION REMAINDER OF PAGE INTENTONALLY LEFT BLANK Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B SECTION 3 CONTRACT SUPPLEMENTAL TERMS AND CONDITIONS 1. Contract Time and Hours The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all Work at a rate of progress that will ensure completion of the Work within the Contract Time. The Contractor shall have Three Hundred Thirty (330) calendar days from the date of the Notice to Proceed to achieve Substantially Completion. The Contractor shall then have an additional Thirty (30) calendar days to achieve Final Completion of the Project. The Contractor shall maintain strict adherence to the mandated Contract time and schedule due to the time sensitive nature of the Project's funding sources. Work shall be performed Monday through Friday from 8:00 a.m. to 6:00 p.m. per the City's Noise Ordinance, Sec 36-6. Any Work to be performed outside of these times must be requested in writing to the Project Manager forty-eight (48) hours prior to the requested change. The Project Manager will notify the Contractor in writing of any changes in approved Work hours. 2. Progress Payments Mobilization Partial Payments: When the bid includes a separate pay item for Mobilization and the Notice to Proceed has been issued, partial payments will be made in accordance with the following: For Contracts of one hundred twenty (120) calendar days duration or less, partial payment will be made at fifty percent (50%) of the bid price per month for the first two (2) months. For Contracts in excess of one hundred -twenty (120) calendar day's duration, partial payment will be made at twenty-five percent (25%) of the bid price per month for the first four (4) months. In no event shall more than fifty percent (50%) of the bid price be paid prior to commencing construction on the Project site. Total partial payments for Mobilization on any Project, including when more than one Project or job is included in the Contract, will be limited to ten percent (10%) of the original Contract amount for that Project. Any remaining amount will be paid upon completion of all Work on the Contract. Retainage will be applied to all partial payments. Partial payments made on Mobilization will in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. The Contractor may make application for payment for Work completed during the Project at intervals of not more than once a month or upon completion and Final Acceptance of the Work. The Contractor will be paid based on the line -item breakdown, contained in the Bid Form, with payments based on actual Work performed. All applications shall be submitted in triplicate and the Contractor shall only use the City's Contractor Payment Application Form. Where the time frame for completion of the Work is less than or equal to one month or a Schedule of Values is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for payment shall include, but is not limited to, an updated progress schedule as required by Section 3, Article 6, "Release of Liens/Subcontractor's Statement of Satisfaction," and a partial or final release of liens or consent of Surety relative to the Work, which is the subject of the application for payment and any other information required by the City. Each application for payment shall be submitted in triplicate for approval. City shall make payment to Contractor within thirty (30) calendar days after approval of Contractor's application for payment. Pursuant to Florida Statutes, Section 255.078, five percent (5%) of all monies earned by the Contractor shall be retained by the City until Final Acceptance by the City. Any interest earned in retainage shall Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B accrue to the benefit of the City. All requests for retainage reduction shall be in writing in a separate stand- alone document. The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: ■ Defective Work not remedied. ■ Claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor or City because of the Contractor's performance. ■ Failure of the Contractor to make payments properly to subcontractors, or for material or labor. ■ Damage to another Contractor not remedied. ■ Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. ■ Failure of the Contractor to provide any and all documents required by the Contract Documents and/or Federal Requirements relating to the CDBG funding. In instances where multiple Projects are awarded, the Contractor shall submit separate applications for Payment for each Project. When the above grounds are removed or resolved satisfactorily to the Project Manager, payment shall be made in whole or in part. The City will pay, and the Contractor shall accept as full compensation for the Work, the sums specified in the Contractor's submittal to the Contract Documents, as accepted by the City. The Contractor may be paid for materials or equipment purchased and stored at the Project site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid invoices and an executed Material Purchased/Stored On - Premises form to establish the City's title to such materials or equipment, or otherwise protect the City's interest, including applicable insurance in the name of City and transportation to the site. The Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 3. Liquidated Damages The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time the Contractor shall pay to the City liquidated damages as follows. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial Completion, the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of one thousand six hundred eighty-five dollars ($1,685) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the additional sum of eight hundred forty-three dollars ($843) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. The Contractor will be notified of any approved exceptions or extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract Documents. The City shall have the right to deduct liquidated damages assessments from any payment due, or which may thereafter become due to the Contractor under any Contract the Contractor has with the City. In case the amount, which may become due hereunder, shall be less than the amount of liquidated damages due to the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B and may deny any future Work under the Contract or any other City Contract until such indebtedness is paid in full to the City. The City shall notify the Contractor in writing that it is incurring liquidated damages. 4. Schedule of Values The Contractor must submit three (3) copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. The Contractor's overhead and profit should be as separate line items. Each line item shall be identified with the number and title of the major specification section or major components of the items. The City may require further breakdown after review of the Contractor's submittal. The City reserves the right to request such information from the Contractor as may be necessary to determine the accuracy of the Schedule of Values. The combined total value for mobilization under the Schedules of Values shall not exceed five percent (5%) of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City's Contractor Payment Application Form. 5. Project Schedules The Contractor shall submit a proposed Project schedule as follows: • Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice of Award and such submittal shall be subject to the City's review. Subsequent to such review of said schedule, the Contractor shall establish said schedule as the baseline schedule. • All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. • All Project Schedules shall be prepared in Microsoft Project 2003 or later unless otherwise approved by the Project Manager. At the time of submission of schedules, the Contractor shall submit a hardcopy as well as an electronic version. Such an electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated into the City's baseline schedules. • Subsequent to review of the initial schedule submission, the Contractor shall establish the reviewed schedule as the "baseline schedule." The Contractor shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor's Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project or not, will pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall, beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion, withhold payments for Work performed by subcontractors where no release of lien has been submitted. The Contractor shall submit Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B with the final payment request, for any Project where subcontractors have performed Work, a Final Release of Lien/Subcontractor's Statement of Satisfaction for each subcontractor marked as a final. Failure to submit such documentation will result in delays in payment or the City withholding from the final payment such funds as necessary to satisfy any subcontractor claims. Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment. The Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. 7. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. The Contractor shall hold progress and coordination meetings as required by the City, to provide for the timely completion of the Work. The Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the City. The Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, Contractor shall identify the party or parties responsible for following up on any problems, delay items, or questions, and Contractor shall note the action to be taken by such party or parties. The Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problem or delaying event known to them for appropriate attention and resolution. The Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its subcontractors and/or vendors when the Project Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to the City an updated two -week lookahead schedule of construction activities and submittals. 8. Request for Information The Contractor shall submit a Request for Information (RFI) where the Contractor believes that the Contract Document's specifications or drawings are unclear or conflict. All requests must be submitted in a manner that clearly identifies the drawing and/or specification section where clarification or interpretation is being requested. As part of the RFI, the Contractor shall include its recommendation for resolution. The City shall respond in writing. 9. Project Site Facilities The Contractor shall arrange for all Project site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project. Contractor's, subcontractor's, supplier's, material personnel shall not use the City restrooms that may be available at the Project site without the prior consent of the manager of the facility or the Project Manager, where there is no manager of a facility. 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 the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his subcontractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its and its subcontractors' employees. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 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. The Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The City may authorize the use of existing utilities. Such a decision will be made at the sole discretion of the City. The Contractor shall be required to obtain all necessary permits required for any Project site facilities. The Contractor shall also be responsible for maintaining such facilities in a safe and working condition. 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. 10. Security The site where the Work is to be performed may not be a secure site and the public may have access to the site. The Contractor shall have sole responsibility for the security of all Work materials, tools, equipment, and Work at the Project site. The City shall not be liable for any damage or loss to such materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 11. Construction Signage Where required by the Contract Documents the Contractor shall provide construction signage. The City shall provide the Contractor with the wording and layout for the signs at the pre -construction conference. The Contractor shall furnish the two City signs at the Project site(s) as follows: ■ The first sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2-mil cast vinyl over mounted with 3-mil Mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4-inch square wood or perforated "U" channel metal posts, painted white, and be readable at eye level. The colors to be used on the sign are as follows: the background shall be white with blue lettering; the seal shall be white and gold with blue lettering form. ■ The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 feet high by 3/4-inch (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white, and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. ■ The Contractor shall also post appropriate construction site warning signs at the Work site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed waterside to alert boaters to the construction zone, requiring idle speed and a minimum clearance distance. The Contractor shall provide drawings for the signage, which shall be subject to approval by the Consultant. ■ The Project Manager and the City shall approve the locations for all signage. ■ Signage must be permitted and approved as required by the City and County Sign Codes. 12. Construction Photographs The Contractor shall submit with each application for payment photographs that accurately reflect the progress of the Work. The Contractor shall submit once copy of each photograph in print and digitally. The photographs shall be printed on 8" X 10" high -resolution glossy single weight color print paper. Each photograph will also reflect the date and time the picture was taken. Aerial photographs will be taken on a bi-monthly basis. The cost shall be paid by the Contingency Allowance of the contract. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 13. City Furnished Property The Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc., when directed by the City and shall reinstall or provide to the City as directed. 14. Field Layout of the Work and Record Drawings for Drainage Projects The Contractor shall be responsible for the field layout of all work in accordance with the plans and specifications. Upon completion of demolition work, the Contractor shall provide a survey showing existing elevations of the affected area. This survey shall be performed by a licensed land surveyor and must clearly document post -demolition grade conditions to establish a baseline for any future drainage improvements or construction activities. All survey data shall be submitted to the Engineer for review and record purposes. 15. Survey Work for Drainage Projects The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide final measurements. At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be provided with a packet of information, from the City, showing the format to be utilized. The Contractor advised that the survey Work, including required final measurements, shall be according to City Standards and are an integral part of the Project. The Project shall not be considered complete until the final measures are approved by the City. 16. E-Verify - Mandatory Use The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing Work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 17. Counterparts; Electronic Signatures This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as the original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 18. Jessica Lunsford Act (JLA) Background Screening Requirements Prior to services being rendered, the Successful Contractor(s) and all of its employees who provide or may provide services under this Contract will complete criminal history checks and all background screening requirements, including Level 2 screening requirements as outlined in Florida State Statute 435.04, as amended from time to time. Upon City review of resulting reports, the Successful Contractor(s) shall immediately replace/reassign any individual who, in the opinion of the City, does not pass the background check. In its sole discretion the City reserves the right to request updated background screening reports at any time, and as the City deems necessary. Background checks shall be required for any projects/services performed under this Contract, concerning City property, within close proximity of a school, park, or any non -instructional facility occupied by children. Successful Contractor(s) shall bear any, and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Successful Contractor(s) shall require all involved employees to sign a statement, as a condition Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B of employment with Successful Contractor(s) in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Successful Contractor(s)/Employer of any arrest(s) or conviction(s) of any offense within (forty-eight) 48 hours of its occurrence. Successful Contractor(s) shall provide the City with a list of all of its employees who have completed the background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Successful Contractor(s) shall have an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet and/or maintain the statutory standards. Successful Contractor(s) shall also notify the City immediately upon becoming aware that one of its employees, who was previously certified as satisfactorily completing the background check and meeting the statutory standards, is subsequently arrested, or convicted of any disqualifying offense. Failure by Successful Contractor(s) to notify the City of such arrest or conviction within five (5) business days of the occurrence of a qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City. 19. Projects Funded by Federal or State Funds NOT APPLICABLE a. Equitable Adjustment The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affcctcd by cxtrcmc or unforccccn volatility in thc marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not and ('I) the volatility so affccts the Contractor that continued performance of the contract would results in a substantial loss. The Contractor might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. bn_A ppropriation ds any fiscal period for payments due under this contract, then the City, upon written notice to the Contractor or his a6signee of such occurrence, shall have the unqualified right to terminate the contract without penalty awarded to any firm(s). that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinancc 10062 and thc portion of thc work to be donc by thc Subconsultant/Subcontractor. operations or assign any portion or part of the contract, to Subconsultant/Subcontractor(s) not originally proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subconsultant/Subcontractor(s) and the City. The Contractor shall be fully responsible to the City for thc acts and omissions of thc the Contractor. d. Davis Bacon Act Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 1. All transactions regarding this contract shall be done in compliance with the Davis Bacon Act ('10 U.S.C. 31/11 31'1'1, and 31/16 31/18) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with /10 U.S.C. 31/11 31'1'1, and 31/16 31/18 and the requirements of 29 C.F.R. pt. 5 as applicable. prevailing wages specified in a wage determination made by the Secretary of Labor. 3. Additionally, contractors are required to pay wages not less than once a week. /1. Weekly certified payrolls must be submitted weekly by the Prime and all subcontractors working on the job. 5. Federally assisted construction contracts must adhere to Davis Bacon Act wages and benefit ratc schedules. The Contractor shall use the Federal Wages reflected in the applicable Wage Determination, "Building" category, in developing its bid for this contract; Wage Determinations can be found at the link SAM.gov I Search. The Contractor shall be required to provide certified payroll records documenting the work performed on this project. 1. The Contractor shall comply with 18 U.S.C. 87/1, /10 U.S.C. § 31/15, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debrment-as a -Contractor -awl -subcontractor -as -provided 29 C.F,--TES f Compliance with the Contract Work Hours and Safety Standards Ant work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excel of forty ('10) hours in such workweek unlcs such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (/10) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damage shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b) (1) of this section, in the surn of $27 for each calendar day on which such individual was required or permitted to work in cxccs of the standard workweek of forty ('10) hours without payment of the overtime wages required by the clause set forth in paragraph (b) (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action cause to be withheld, from any moneys payable on account of work performed by the Contractor Contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B Standards Act, which is held by the same prime Contractor, such sums as may be determined to liquidated damages as provided in the clause set forth in paragraph (b) (2) of this section. /1. Subcontracts: The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b) (1) through ('1) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (b) (1) through ('I) of this section. g. Parts at Pass Through Cost (for Repairs Outside the Scope of Work} All costs for parts required for repair jobs and not otherwise included in the scope of work shall be billed at Contractor shall submit purchase receipt of parts along with the labor invoice for payment. The Contractor shall be responsible for sourcing all parts necesary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be of commercial quality and of quality and be from a regular or installed in the facilities. h N�na�n to D�nrm Work T. ViT Tr- T VTITI"�TVTTC The Contractor shall notify the Project Manager when an employee is on the property and for what purpose. i. Background Checks The Contractor shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue § 1012 32. The law requires that beforc contract personnel arc permitted access on grounds when children arc present, or if they have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement of the project, the Contractor shall provide Level Two (2) background screening results for all employees completing the work on park grounds. Ji Egual m Eployment Opportunity • During the performance of any resulting contract from an RFQ, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender, or national origin. The Contractor will take employment without regard to their racc, color, religion, sex, sexual orientation, gender, or national origin. Such actions should i 'dude b-6t-be limited to foliewing: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender, or national origin. not apply to instances in which an employee who has access to the compensation information of Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B compensation of such other employees or applicants to individuals who do not othcrwisc havc acccss to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, heari„-,g, or tion including an in„e tigatinn conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. the said labor union or workers' representative of the Contractor's commitments under this section for employment. 5. The Contractor will comply with all provisions of Executive Order 11216 of September 2'I, 1965, and of the n files roof nations and relevant orders of the Secretary of I abor 6. The Contractor will furnish all otion an-ElTep s req ed by E—xecutive Order 11224o—of and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in rogf elation or order of Oho Secretary of I abor or as otherwise provider! by law 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchasc ordcr unlcss cxcmptcd by rules, rcgulations, or ordcr of the Secretary of Labor issued pursuant to section 20'1 of Executive Order 112'16 of September 2'I, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will a:,sist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as thcy may rcquirc for thc supervision of such compliance, and that it will othcrwisc assist thc administering agency in the discharge of the agency's primary responsibility for securing contract modification subject to Executive Order 112'16 of September 2'I, 1965, with a contractor asistcd construction contracts pursuant to thc Executive Ordcr and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain failure or refund occurred until satisfactory assurance of future compliance has been received from k. Clean Air Act 1. The Contractor agrees to comply with s, orders or regula s-„ p irs cant to the (' I I C C § 7'l Ol pai va�i is cv ci ic�lean Air Aet�s amended��-,-�r-et seq. Regional Office. financed in whole or in part with Federal assistance provided by FEMA. I. Federal Water Pollution Control Act ni ,r an C l Wa Polli i n Con I Act a m d 33 I I C C 1�sa��te t#ceder-a,�te�-�at+e�Tt�e�as-a„�e+��ed, 2-5Tet seq. that the City of Miami will, in turn, rcport ach violation as rcquircd to ascurc notification to thc Regional Office. financed in whole or in part with Federal aistance provided by FEMA. m No Obligation by the Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to contract. n. Program Fraud and Fafse or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. o. Byrd Anti Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person also disclosc any lobbying with non Federal funds that takes place in connection with obtaining any Federal award. Such disclosures arc forwardcd from ticr to ticr, up to thc rccipicnt who in turn will forward thc certification(s) to the awarding agency. Please refer to the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Contractor to return this form signed along with their Bid. p. Procurement of Recovercd Matcrials 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired: Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B a. Competitively within a timeframe providing compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive procurement guideline clog program. Solid Waste Disposal Act." q. Non -Luse of DHS, Seal, Logo, and Flag., The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre approval. r. Compliance with Federal Law, Regulations, and Executive Orders contract. The Contractor will comply with all applicable federal law, regulations, executive ordcrs, CDBG eligible activities undcr title I of the Housing and Community Development Act of 197'1 (HCDA). s. Access to Records 1. The Contractor agrees to provide the State of Florida, City of Miami, the Federal agency providing 2. The Contractor agrees to permit any of the foregoing parties to reproduce by any m ns whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Contractor agrees to provide the Federal agency providing funding or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 'I. In compliance with the Disaster Recovery Act of 2018, the City of Miami and the Contractor reviews by the Federal agency providing funding or the Comptroller General of the United States. t. Suspension and Debarment 1. This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principles (defined at 2 C.F.R. §180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.9'10) or disqualified (defined at 2 C.F.R. § 180.935). 2. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Miami. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart G City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. '1. The bidder or proposer agrecsto com th the-req a ent f r apt �g� h, 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B such compliance in its lower tier covered transactions. u. United State:-Hoi+sing and Urban Development; CDBG MIT dollars, and/or CDBG Mitigation (CDBG MIT) dollars, and therefore, is subject to federal procurement regulat 2 CFR 200.318 to 200.327. 2. Unless a fixed price contract is used, profit must be ncgotiatcd as a scparatc cicmcnt of thc pricc of the work to be performed, the risk borne by thc Contractor, thc Contractor's invcctmcnt, thc the surrounding geographical area for similar work. v. Section 3 of the Housing and Urban Development Act of 1968 1. The work to be performed under this contract is subjcct to thc rcquircmcnts of Scction 3 of thc Housing and Urban Devclopmcnt Act of 1968, as amcndcd, 12 U.S.C. § 1701u (Scction 3). Thc purpose of Section 3 is to ensure that the employment and other economic opportunities generated by the United States Department of Housing and Urban Development's ("HUD") assistance of HUD a cistcd projccts covcrcd by Scction 3, shall, to thc gr atcst cxtcnt f asiblc, be dircctcd to low housing. 2. The parties to this contract agree to comply with HUD's regulations codified in 2/1 C.F.R. part 75, which implements Section 3. As evidenced by their execution of this contract, thc par -tics to this from complying with the regulations contained in 2/1 C.F.R. part 75. advising the labor organization or worker's representative of the Contractor's commitments under this section 3 clause and will post copics of the noticc in conspicuous placcs at the work sitc whcrc both employees and applicants for training and cmploymcnt positions can scc thc noticc. Thc notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprcnticcship and training positions, thc qualifications for each; and thc namc the work shall begin. subcontractor is in violation of the regulations in 2/1 C.F.R. part 75. The Contractor will not subcontract with any subcontractor whcrc thc Contractor has noticc or knowlcdgc that thc subcontractor has been found in violation of the regulations in 2/1 C.F.R. part 75. 5. The Contractor will certify that any vacant employment positions, including training -positions, that arc fillcd (1) aftcr thc Contractor is sciccted but before the contract is executed; and (2) with persons other than those to whom the regulations of 2/1 C.F.R. Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 2/1 6. Non compliance with HUD's regulations as set forth in 2/1 C.F.R. Part 75 may result in sanctions, contracts. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self Determination and Education Assistance Act (23 S Oe) arse applies to thc work to be performed under this contract. Section 7(b) requires that to the greatest the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). ensure that cmploymcnt and training opportunitics arising in conncction with Scction 3 projccts arc opportunities and training described in this subsection (i) should be given to: (a) Section 3 workers residing within the service area or the neighborhood of the project; and (b) Participants in YouthBuild programs. 9. Contracting. To the greatest extent feasible, and concisten ith existing-Federtal, state,— nd-IocaI work awarded in connection with Scction 3 projccts arc providcd to business conccrns that provide economic opportunitics to Scction 3 workers residing within Miami Dade County. Where feasible, priority for contracting opportunities described in this subsection (ii) should be given to: (a) Section 3 business concerns that provide economic opportunities to Section 3 workers residing wi n the service area or Oho neighborhood of the project• and vri rr vcivrc�arccrvrcrr �Tcn��Avrrrvva-vrcrr��rvrccr-ancr (b) YouthBuild programs. lAg Rights to Inventions Made I Inder a Contract or /agreement T If the FEMA award meets the definition of "funding agreement" under 37 CFR § /101.2 (a) and thc non Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding /101, (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements) and any implementing regulations isued by FEMA. x. Procurements by Non Federal Entities procedures it uses for procurements from its non Federal funds. The State will comply with 2 C.F.R. §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by 2 C.F.R. § 200.327. All other non Federal entities, including subreci ients of a State must follow the procurement standards in 2 C.F.R. §§ 200.318 through 200.327. y. Contracting with Small and -Min sinesses, Women's Business Enterprises, and Labor Surplus Aroa Firma 1. The non Federal entity must take all necessary affirmative steps to assure that minority businesses, 2. Affirmative steps must include: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Asuring that small and minority businesses, and women's busines enterprises are solicited whenever they are potential sources; Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B (c) Dividing total —re -GO -re -merits, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesscs, and women's business enterpriseTs• �+ (d) Establishing delivery schedules, where the requirement permits, which encourage participation by smell and minority b isinesses and women's b iciness enterprises• Administration and the Minority Business Development Agency of the Department of Commerce; (f) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section. 1. Funds are prohibited from being used to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or vc Enter into a contract (or extend or renew a contract)to prod ire or obtain egi iipment . , services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Ac described in Public Law 115 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or 7TE Corporation (or any subsidiary or affiliate of such entities\ i. For the purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entice ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or pi ovd be cidey -a-n entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of otherwise connected to, the government of a covered foreign country. 2. In implementing the prohibition under Public Law 115 232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary fre-r—t-14sse affected entities to transition from covered to ensure that communications service to users and customers is sustained. 3. See Public La nvrTvz �dection 889 and 2 C C R § 200 /171 for addi nal informnaa aa. Domestic Preference for Procurements 1. This contract includes a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement and other manufacti fired products) a. "Produccd in the United States" means, for iron and steel products, that all Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products" means items and construction materials composed in whole or in part of non ferrous metals such ac aluminum; placticc and polymer baser! products fiber; and lumber. Buy America Act preferences in 2 C.F.R pt. 18/1. If subcontracts are to be set, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1) (5) to ensure thaw all and minority businesses wome-n'S—business enterprises and labor ci irpli is area firms are i sod when poscihlo nn I icense and Delivery of Works Subject to Copyright and Data Rights The Contractor grants to the City of Miami, a paid up, royalty free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images,, gr cs, sculptures, Upon or before the completion of this contract, the Contractor will deliver to the City of Miami data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City of Miami. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B SECTION 4 CERTIFICATION FORMS Submitted: if 12 Date City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 The undersigned, as Contractor, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Contractor further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Contractor agrees, if this bid is accepted, to Contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits, the specified Work covered by the Contract Documents for the Project entitled: Bid No: Emergency Contract Title: Demolition of Parking Garage at Miami Police Headquarters The Contractor also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid Guaranty accompanying the bid shall be forfeited if Contractor fails to execute said Contract and fails to furnish the required Performance Bond and Payment Bond as well as the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Contractor agrees that these errors are errors that may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. The Contractor agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. Note: Contractor are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible Contractor. Payments will be made based on unit prices of actual quantities installed. Where a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between the numerical and written bid amount, the written bid amount will prevail. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B SCOPE OF WORK: This Project involves the full demolition and removal of the City of Miami Police Station's multi -story parking garage, located adjacent to the motor pool area. The demolition must be conducted with strict adherence to environmental, safety, and regulatory standards due to the presence of petroleum -impacted soil near the northern section of the site. The scope includes dismantling the concrete structure in a systematic and controlled manner, ensuring no adverse impact to neighboring facilities or ongoing police operations. Prior to demolition, all utility services within the work zone must be properly shut off, capped, and documented. Utilities servicing adjacent occupied structures must remain active and protected. All demolition operations must comply with OSHA regulations. Protective measures must be in place to minimize dust, noise, and disruptions to surrounding activities. Temporary barriers and warning signage will be installed for safety and site security. Structural demolition must be conducted in an orderly fashion, taking care not to overload remaining structural elements with debris. Debris removal shall be continuous, with materials transported offsite for legal disposal. Hazardous materials encountered must be handled according to applicable federal, state, and local guidelines. No burning of debris is permitted on site. Upon completion, the Contractor shall submit a Demolition Report to RER for review and comment. This will include documentation of excavation areas, utility disconnections, and debris manifests. The full Scope of Work is detailed in the Contractors' bid. (The following MUST be filled in): Emergency Contract — Demolition of Parking Garage at Miami Police Headquarters LUMP SUM TOTAL FOR BASIC BID CONSTRUCTION COST $2,526,496.00 LUMP SUM TOTAL FOR ALLOWANCE FOR LANE CLOSURE COST $20,000.00 LUMP SUM TOTAL FOR OWNER'S CONTINGENCY ALLOWANCE COST $252,650.00 TOTAL CONTRACT VALUE (GUARANTEED MAXIMUM PRICE) $2,799,146.00 WRITTEN LUMP SUM TOTAL CONTRACT VALUE (GUARANTEED MAXIMUM PRICE): Two Million Seven Hundred Ninety -Nine Thousand One Hundred Forty -Six Dollars and Zero Cents REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) Part I: Certifications The Contractor, by virtue of signing the Bid Form, affirms that the Contractor is aware of the following, and shall comply with all the stated requirements. 1. Non -Collusion Contractor certifies that the only persons interested in this bid are named herein; that no other person has any interest in this bid or in the Contract to which this bid pertains; that this bid is made without connection or arrangement with any other person. Contractor certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately. 2. Drug Free Workplace The undersigned Contractor hereby certifies that it will provide a drug -free workplace program by: a) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition. b) Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace. (ii) The Contractor's policy of maintaining a drug -free workplace. (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1). d) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction. e) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee. f) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: g) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6). Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD (i) Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 3. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: a) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and Contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered Contract/grant transactions over one hundred thousand dollars ($100,000) (per QMB). 4. Debarment, Suspension and Other Responsibility Matters The Contractor certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. b) Have not within a three (3) year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or Contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property. c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.6 of this certification; and d) Have not, within a three (3) year period preceding this application, had one (1) or more public transactions (Federal, State, or local) terminated for cause or default. e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: (1) Contractor does have availability of appropriate financial, material, equipment, facility, and personnel resources, and expertise, or the ability to obtain them, to meet all contractual requirements. (2) Contractor does have a satisfactory record of performance. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B Contractor does have a satisfactory record of integrity. Contractor does possess qualified legal standing to Contract with the City; and Contractor will comply in supplying all requested information connected with the inquiry concerning responsibility. f) Contractor has not had a termination, suspension, or cancellation of a City Contract, in whole or in part, for cause, due to a default by the Contractor or Offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or Contractor has not withheld a payment or nonpayment of moneys due to the City from the Contractor or Offeror, within the past five (5) years, unless the full amount of such moneys due to the City. h) Have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court," as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the City or withdrawal by the City by order of the court. i) The Contractor shall provide any information requested by the Chief Procurement Officer or Procurement Officer concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information, or the prospective contractual party may be found non -responsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting: (1) Contractor will, upon request, furbish evidence that the contractual party possesses such necessary resources. (2) Contractor affirms it has acceptable plans to subcontract for such necessary resources; or (3) Contractor will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Contractor is unable to certify any of the statements in this certification, such Contractor shall submit an explanation to the City of Miami in writing. Part II: Certification — Trench Safety Act g) (3) (4) (5) The Contractor, by virtue of signing the Bid Form, affirms that the Contractor is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and Subcontractors. The Contractor is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. The Contractor acknowledges that included in the various items of the bid and in the total bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B The Contractor further identifies the costs and methods summarized below: Description Unit Price Quantity Price Extended Method Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B Emergency Contract: Certification Statement The Contractor hereby acknowledges and affirms to the contents of this Form and its' response(s) thereto including without limitations Part I through II have been, read, understood, and agree to by signing and completing the spaces provided below. Contractor Name: —) � 3 G (- z L. —L _ Signature: Printed Name/Title: City/State/Zip: Email: I y �^'s c�I�C�ry L i -t- I G N -• Telephone No.: (iR S3 ct 91 Fax No.: Social Security No. Dun & or Federal I.D. No. 1 G c., c? 3 3-)'7 Bradstreet No. C -NAT" ,v` If a partnership, names, and addresses of partners: 3H 7 (If applicable) END OF SECTION Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B CERTIFICATE OF AUTHORITY (IF CORPORATION) HEREBY CERTIFY U a corporation organized and existing under the laws of the State of 1-- , held on the 1 day of , 20a resolution was duly passed and adopted authorizing (Name) as Title `° z _ of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. that at a meeting of the Board of Directors of IN WITNESS WHkREOF,I have hereunto set my hand this 7 , day of Secretary: Print: �srLepn� G- , 20 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of a partnership organized and existing under the laws of the State of , held on the _ day of 20_, a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner: Print: CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771 027C47E0B CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the bid to which this attestation is attached. Signed: Print: IN WITNESS WHEREOF, I have hereunto set my hand this _, day of 20_. NOTARIZATION STATE OF COUNTY OF IVQ-)A ' ) The foregoing instrument was acknowledged before me this 7 day of , 20 by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. 4. 4 SI NATURE O C ARY PUBLIC STATE OF Sy (1 hey P-Onsk-e t n PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC SYDNEY ROTHSTEIN r`. Notary Public • State of Florida Commission it rill 663082 My Comm. Expires Apr 10, 2029 Bonded through National Notary Assn. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements, and representations provided in Section 1 are true and correct. b. I am an officer, or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: fs L—`— Name: Officer Title: =)-^ s�,�>^ f Signature of Officer: (3,c,' rc Office Address: � S i I3R. Email Address: I v�d `Min Phone Number: Sco 1 9 9 2' 7 997 FEIN No."/ f - O/5/9/3/ STATE OF FLORIDA COUNTY OF MIAMI-DA-DE p A, - The foregoing instrument was sworn to ancltubscribed before me by means otn ppbysical presence or El online notarization, this —7day-pfii;L,Iletrefauthorized officer or representative for the nongovernmental entity. He/she is per nallyJ,ctawn to me or h-s •r•d c-d as identification. (NOTARY PUBLIC SEAL) ••*vr i; SYDNEY ROTHSTEIN r° • �: Notary Public • State of Florida I A; Commission # HH 663082 oFFv My Comm. Expires Apr 10, 2029 Bonded through National Notary Assn. Signature of Person Taking sat (Printed, Typed, or Stamped Name of Notary Public) My Commission Expires: i-I-/1l) f2 °i dne t n END OF SECTION Demolition of Parking Garage at Miami Police Headquarters — D5 Project No. TBD Emergency Construction Contract Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B SECTION 5 CONTRACT EXECUTION FORMS THIS Emergency Contract made thisJuly day of 21 in the year 20 25 in the amount of $2,799,146.00 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and THE BG GROUP, LLC, hereinafter called the "Contractor." CONTRACT EXECUTION FORM IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST Signatur S €i2 c M J Print Name, Title CONTRACTOR Secretary (Affirm Contractor Seal, if available) ATTEST: �-Signed by: Todd B. �'I.89694�'I caD4'Hnn... on, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: 273956618-244E7... David Ruiz, Interim Director The BG Group, LLC a Florida Limited Liability Company Signature Print Name, Title of Authorized Officer or Official LU /M f -•\ �. Signed by: AL) CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: c aviquor v►. 6596F6634461.1D.42A... Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: CDocuSigned by: at,arT-wysat4 (i1 F€f46B... George K. Wysong III, City Attorney Risk Management Department HS 25-1940 Demolition of Parking Garage at Miami Police Headquarters — D5 F Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B CORPORATE RESOLUTION WHEREAS, desires to enter into a Contract with the City of Miami for the purpose of performing the Work described in the Contract to which this resolution is attached; and WHEREAS the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the lV D,Ar (Type Title of Officer) is hereby authorized and instructed to enter into (Type Name of Officer) a Contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed Contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of �JuI`� (Corporate Seal) , 20 Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B ti Bond No. 602-108044-2 FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We The BG Group, LLC , as Principal, hereinafter called Contractor, and United States Fire Insurance Company , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Two Million Seven Hundred Ninety -Nine Thousand One Hundred Forty -Six Dollars and Zero Cents ($2,799,146.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS Contractor has by written agreement entered into a Contract, bid/Contract Emergency Contract Curtis Demolition of Parking Garage, D5 - Project No. TBD, awarded the day of , 20 , with City 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: Demolition of Parking Garage at 1. Performs the Contract between Contractor and City for construction of Miami Police Headquarters - D5 the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished 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 City to be, in default under the Contract, City having performed City 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 Contractor, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Contractor, arrange for a Contract between such Contractor and City, 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 this 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 term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B FORM OF PERFORMANCE BOND (Page 2 of 2) No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein. 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 Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESS: PRINCIPAL: The BG Group, LLC (If Sole Ownership. Partnership. or Joint Q Venture, two (2) Witnesses are required._lf Corporation, Secretar will onlyJa#teand affix seal), / S//ignature of authorized officer Signature of authorize Affix Seal IN THE PRESENC Signature Aff-x Seal Drayton Jr., Witness Jonathan Orozco, Witness Signature (ti Full Name and Title The BG Group, LLC Name of Firm 751 Park of Commerce Drive, Suite 138 Business Address Boca Raton, FL 33487 City/State/Zip Code INSURANCE COMPANY: United States Fire Insurance Company fluouzie( By Agent and Attorney-in- Marisol Mojica, Attorney-in-Fac 305 Madison Ave Business Address Morristown, NJ 07960 City/State/Zip Code (973) 490-6600 Telephone Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B Bond No. 602-108044-2 FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We The BG Group, LLC , as Principal, hereinafter called Contractor, and United States Fire Insurance Company , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Two Million Seven Hundred Ninety -Nine Thousand One Hundred Forty -Six Dollars and Zero Cents ($2,799,146.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Contractor has by written agreement entered into a Contract, Emergency Contract Curtis Demolition of Parking Garage, D5 — Project No. TBD, awarded the day of , 20 , with City 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 City all losses, liquidated damages, expenses, costs, and attorney's fees including appellate proceedings, that City 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 CONTRACTOR'S 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 not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) calendar days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) calendar 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 performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may 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. Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B FORM OF PAYMENT BOND (Page 2 of 2) 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 sealed this day of 20_ WITNESS: PRINCIPAL: The BG Group, LLC (If Sole Ownership. Partnership, or Joint Venture. tw 2) Witnesses are required. If Corporation, Secretprwill only attest and affix seal)/ Signature tik Signature of aut zed officer Full Name and Title The BG Group, LLC �..,��e�)14 Name of Firm 751 Park of Commerce Drive, Suite 138 Signature of authorized 9 e _ Business Address Boca Raton, FL 33487 010 Affix Seal `'' ��.. City/State/Zip Code W Lvv•• IN THE PRESENCFF: Signat j ` illiam A. Drayton Jr., Witness Signature Jonathan Orozco, Witness Affix Seal INSURANCE COMPANY: United States Fire Insurance Company By Agent and Attorney -in i Marisol Mojica, Attorney -in -Fact 305 Madison Ave Business Address Morristown. NJ 07960 City/State/Zip Code (973) 490-6600 Telephone Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No TBD Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE -MORRISTOWN, NEW JERSEY 06446 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Krystal L. Stravato, Kevin T. Walsh, Jr., Marisol Mojica, Jaclyn Maffey, Andreah Moran, Ryan Gray each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Unlimited This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. LN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 4th day of October, 2024. UNITED STATES FIRE INSURANCE COMPANY Matthew E. Lubin, President State of New Jersey} County of Morris } On this 4th day of October, 2024, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. ETHAN SCHWARTZ NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES 82St21229 COMMISSION: 050223171 Ethan Schwartz (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the _ day of 20 UNITED STATES FIRE INSURANCE COMPANY Michael C. Fay, Senior Vice President Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B or;.. CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that f`-/ , who signed the Bond(s) on behalf of the Principal, was then A- r-"''9-'-, 1L'`O-s iaid corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) �1.e G C c e L LG Corporation STATE OF F COUNTY OF '1 1 ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared u -- f\ e-- to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and sworn to before me this 1 day of , 20 2— My commission expires: L/1o/29 Notary Public, State of at Large Bonded by 'j'• Notary Public • State of Florida Commission NN 663082 "'"7.:1:pFel My Comm. Expires Apr 10. 2029 Bonded through National Notary Assn. SYDNEY ROTHSTEIN Demolition of Parking Garage at Miami Police Headquarters - D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT (Page 1 of 2) Date of Issue: Issuing Bank's No.: Beneficiary: City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Applicant: Amount: (in United States Funds) Expires: (Date) Bid/Contract No.: We hereby authorize you to draw on (Bank, Issuer name) at by order of and (Branch Address) for the account of (Contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (Contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and (Contractor, applicant, customer), pursuant to Bid/Contract No. for (name of Project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (Expiration date) Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name), dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) calendar days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred, or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (Contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature Demolition of Parking Garage at Miami Police Headquarters — D5 Emergency Construction Contract Project No. TBD INSURED East Coast Rigging & Contracting Co. PO Box 845 Stevensville, MD 216e6 Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B Ac6RIJ CERTIFICATE OF LIABILITY INSURANCE DATE (MM1pp1YYYY) .- 6127/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the poilcy(Ias) must have ADDITIONAL INSURED provisions or be endursrad. If SUBROGATION 1$ WAIVED, subject to the terms and conditions of the policy, certain policies may require en endorsement. A statement on this ,certificate does not confer rights to the certificate holder In lieu of such endorsomsnt(s), PRODUCER CONTACT GrahamCom an NAME:Kev41 Ship ----.__-._ _ Company, mom PAX a Marsh & McLennan Agency, LL.G company (tu_p.Cxt 2t. 15-701-5325 (L,N,91; 30 S 'lath Street, 20th Floor gm a: MMAE',astGrehamKligerriffUnit@MarshMMA,cclm Philadelphia PA 19102 INEUIisme)RDING COVERAGE _-- NAIC INSURERA: Zurich -American Insurance Company 10535 mamma AIIIECt World National Assurance Company 10690 i sui1E11c:Arnerican Guarantor,: & Liability Ins. Co, INSURER U GotNIDI Insurance Company .. INSURER E INSURER F: INC OIND-02 COVERAGES CERTIFICATE NUMB 524 5727 26247 25569 THIS INDICATED, CERTIFICATE EXCLUSIONS ini d LTR I6 TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH TYPE OP INSURANCE OF INSURANCE PERTAIN, POLICIES, Atinti INSD Wide MD LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN ,�.... POLICY ISSUED TO CONTRACT THE POLICIES REDUCED BY P[iiaC.r _ MM1D NYTY_ THE INSURED OR OTHER DESCRIBED PAID CLAIMS. n LY" . ",e1YYYY NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITI-I RESPECT TO WHICH THIS HEREIN 1S SUBJECT TO ALL THE TERMS, LIMITS A X COMMERCIAL GENERAL LIABILITY Y QLO-6293961.05 7/1/202'�S 1112020 fsACHGCCURRENCE $1,000,000 —.-• j 1 CLAIMS -MADE [-X, I OCCUR ----,__, - /\ ( ],. 3A17�aE TO FiNI E ..N. MI,E-SJ,F„ ,I:urirnl:g..l._ ,,,.41O0,000 MED EXP {And 9.nc Larson) 510,00(? W �7 P6r/SCNAL t& ADV INJURY �_ $ 1,000,000 GEN'L ACOORSOATE LIMIT APPLIES PER; fib, GLN5RAL�ACI03FiEGATE... PRODUCTS . COMP/OP ACC ..$ 000 O_p...p ___.— _... $ 2,000,000 OTHER: A AUT4iMC313rLE X LkATtlt kTY ANY AUTO Y DAP-62R395 -04 N 711I2025 7l112020 COMBIN.famrED EINCLE LIMIT �ir nC� BODILY INJURY {Pty.porson) $1,000,000 $ ._._ OWNED AUTOS ONLY SCHEDULED AUT07 �/ BODILY INJURY Ter tux:idenl) $ HIRED AUTOS ONLY NON - OWNED AUTOS ONLY (� ..4 ` PROPERTY DAMAGE -(Prrr�i icI. n $ .. C X UMBRELLA LIAR r)C OCCUR Y AUC-6203997-04 7/1/2026 7)112026 EACHoccURnENCI _ $5,©00,000 ExcessLIAk1 DED RELENT UN $ CLAIMS -MARL" J ALOC3REOA1E rvµJ1I $5000,000 5 A WORKANi1E6F{SC0ER9NIAytILOrTY M!N mRATINWG-E2D3262-04 ANYPROPnirronIPAI'lTNERIOXCCUTIVE OFFICEi�1MEMEEI EXOLUDED.1 (Mandatory In NH) �(_ lips, 1 A 7/1/2p26 711/2026 X E.L. E.L. 4 4I. T UTC_� _.._.. EACH ACCIDENT ACCIDENT DISEASE • EA EMPLOYEE __ _ — $1,000,000 $1,6o0,000 dosul as under DESCRIPTION OF OPERATIONS t$alaw 6.L. DISEASE • POLICY LIMIT $'I 000,000 rE U PoIlutai0R' larslonal Lrsability ExaersLiability 0312.0640 EX202600006510 71/112025 7/112025 7//12020 7/11202e Eaoh OccarfAygrepata PerOnc/AQy MOM $6M1$5M DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACOAD 10t, Addttlonnt Remarks Schedule, mny be attached A more spade Is required) RE: Olympia Theater, HD Overhead Pedestrian Protection 174 E Flagler St. Miami, FL 33131 City of Miami is en additional insured on the above General Liability, Pollution Liability, Auto Liability and Umbrella Liability Policies if required by written contract, Prior to loss, and If required by written contract, Waiver of Subrogation is provided on Workers Compensation Policy for work performed under contract if permissible by state law. CERTIFICATE HOLDER City of Miami, Office of Capital improvement 444 SW 2 Avenue, 8th Floor Attm Marisol Martinez Miami FL 33130 CANCELLATION SHOULD ANY OF THE ABOVE OEBCIEIRED POLICIES EBECANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ALjE1IORIZ PRESENTATIVE , ) U 108842015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 908: 2 ' of S Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed, 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy, We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGAN IZATION This endorsement changes the policy to which it is attached and is effective on the data issued unless otherwise stated, (The information below is required only when this endorsement is issued subsequent to preparation of the policy,) Endorsement Effective 07/01/2025 Policy No. WC 6293962 Insured Incorp Holdings, LLC Insurance Cornpany Zurich American Insurance Company Endorsement No. Premium Countersigned by WC124 (4-84) WC 00 03 13 Copyright 1983 national Council on Compensation Insuranoo, Inc. Page 1 of 1 908' 3 of Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B Additional Insured - Automatic - Owners, Lessees Or Contractors ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No, GLO 6293951 - 05 Effective Date: 07/01/2025 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal artadvertising injury" and subject to the following: 1. if such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one ar both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insuibe 4Dpect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal ertising injury" arises out of: (1) Your ongoing operations, with respect to Paiag above; or (2) "Your work", with respect to Paragraph 1 ve, which is the subject of the written contract or wri en agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if tho "bodily injury", "'property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one ar both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" Is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, includes copyrighted material of Insurance Services Office, Inc., with its permission, LI OL-21 62-A OW (02/19) Page .6g, 44 of 8 Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products-coi-npleted operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard' unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (If no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The ads or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. A However, solely with respect to this Paragraph ;.s, mcurarice afforded to such additional insured: (a) Only applies to the extent per y lam\ V (b) Will not be broader than th&w h ypu areirequired by the written contract ar written agreement to provide for such additional iired nd (c) Only applies if the "bodily injury' operty damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. norf° 0agraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CO 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" ar "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and Includes copyrighted material of insurance Services Office, Inc,, with Its permission, ti-0L-2162-A CW (02/19) Page 13911, of 8 Docusign Envelope ID: 5375761A-B20E-4FFD-B1E6-771027C47E0B (4) Does not apply to ''bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying service including; 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications: or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage'', or the offense which caused the "personal and advertising Injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Seely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as able; and (3) A request for defense and indemnity of the claim or " II promptly be brought against any policy issued by another insurer under which the additional insure ay be an insured in any capacity. This provision does •not apply to insurance on which the additional insured is a Named Insured it the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other In nce Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurancA.) This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. YOU are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured, 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other Insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence'', offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does riot apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional Insured. Includes copyrighted material of Insurance Services Office, Inc., with Its permission, U-GL-21 62-A CW (02/19) Paw' of 8 Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B F. Solely with respect to the Insurance afforded to an additional insured under Paragraph A.3. or Paragraph AA. of this endorsement, the following Is added to Section III — Limits Of insurance: Additional insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less, This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. U-01,-21 62-A CW (02/19) Page Pat 47 " of B Docusign Envelope ID: 5375761A-B20E-4FFD-B1 E6-771027C47E0B Coverage Extension Endorsement ZURICH° THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 6293953 - 04 Effective Date: 07/01/2025 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured s() t3 1. The following is added to the Who Is An Insured Provision in Section Id..s?), vered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed withIn • the scope of employment by you. 46 " mployee" of yours is also an "insured" while operating an "auto m hired or rented under a contra°, greement in an "employee's" name, with your permission, while performing duties related to the conduc of your business. b. Anyone volunteering services to you is an "insured" ing a covered "auto" you don't own, hire or borrow to transport your clients or other persons in ac4k ,cessary to your business, c. Anyone else who furnishes an "auto" referenced in Paragraphs A.,1,a, and Ali). In this endorsement, d. Where and to the extent permitted •by law, any person(s) or organization(s) where required by written contract or written agreement with you ex touVpfior to any "accident", including those person(s) or organization(s) directing your work pursuant to s• (1) writt n tract or written agreement with you, provided the "accident" arises out of operations gover •y s c ntract or agreement and only up to the limits required In the written contract or written ag nt, or No lrnits of Insurance shown in the [Declarations, whichever Is less, 2. The following is added to the ater Insurance Condition in tho Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event wiil this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment -. Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision In Section II - Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of ball bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds, (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II - Covered Autos Liability Coverage does not apply. LCA424H CW (1021) Includes copyrighted material of insurance Services Office, inc., with Its perrilasion, 908: 5 of 8 Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B From: Ouevedo, Terry To: Caseres. Luis; Gomez Jr., Francisco (Frank); Aviles. Yesenia Subject: RE: COI for East Coast Rigging and Shoring Date: Wednesday, July 9, 2025 8:45:20 AM Attachments: image009.onq image011.pnq imaae012.onq image014.pnq imaae015.onq GM Luis The COI Is adequate. Regards Terry M. Quevedo City of Miami Risk Management Department 14 NE 1st Avenue, 2nd Floor Miami, Florida 33132 (305) 416-1641 Office (305) 416-1710 Fax Tquevedo@miamigov.com -:Sewc4. S r4ecie9, atird 7,14040withr9 ata gamei uoi 0- From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Wednesday, July 9, 2025 8:29 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: FW: COI for East Coast Rigging and Shoring Good morning, Please review and approve. Best regards, L w - Cco-eree- Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V DATE: June 4, 2025 City Manager Jose R. Perez, AIA Director Office of Capital Improvements Signed by: SG 19GOLA) 10CD5C8F7CCC42E... SUBJECT: Emergency Purchase REFERENCES: Florida Statutes Section 255.20(1)(c)(1) et. Seq.; City of Miami Code Section 18-90 The Office of Capital Improvements respectfully requests your approval of the following emergency purchase(s): A qualified demolition contractor to dismantle the Miami Police Department (MPD) Headquarters Parking Garage located at 400 NW Second Avenue. The goods and/or services required herein are as a result of one or both of the following circumstance(s): 1. A public emergency (threats to health, life, welfare, or safety); or 2. Convenience of the City. Per the Emergency Procurement procedures, as defined in Section 18-90 of the City Code, authorization to waive the competitive bid process, albeit it is a retroactive authorization, is also requested for the aforementioned emergency purchase if greater than $25,000. This purchase is necessary for the following reasons: The structure has remained closed since March 2022, following a floor slab collapse, and has been declared unsafe. Any further delay in addressing this unsafe condition increases the risk of further structural failure, potential harm to nearby buildings, and ongoing disruption to police operations. The garage's proximity to a school, and the timing of the upcoming summer break, make this the optimal time to begin demolition, which is expected to take 10 to 11 months. A full architectural and engineering team has been working on the project, and we now have a fully issued building permit for demolition. Additional certification required for emergency purchases greater than $25,000: DIRECTOR, OFFICE OF MANAGEMENT Q I certify the funds to cover this emergency AND BUDGET: purchase are available (liDocuSigned by: omoplumoov Marie aggie Gouin DIRECTOR, DEPARTMENT OF PROCUREMENT: DocuSigned by: 80640EB73CAC48... June 6, 2025 1 15:08:39 EDT Date ❑x APPROVED ❑ DISAPPROVED June 6, 2025 1 15:45:44 EDT Annie Perez, CPPO Date Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B Page 2 — Emergency Purchase, Miami Police Department Headquarters Parking Garage CITY MANAGER: E APPROVED ❑ DISAPPROVED DocuSigned by: c ant6y, butt . 850CF C372QD42A... Arthur onega V Date June 12, 2025 1 10:10:52 EDT AP: ah c: Natasha Colebrook -Williams, Deputy City Manager Asael "Ace" Marrero, AIA, Assistant City Manager/Chief of Infrastructure Larry M. Spring, Jr., CPA, Assistant City Manager/Chief Financial Officer Thomas Fossler, Assistant City Attorney, Office of the City Attorney Juvenal Santana Jr., PE, CFM, Director, RPW Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR24352 Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B Remediation rz). 9U GROUP 5B1 990-7997 DEMOLITION CONSTRUCTION • DUMDUM!! DATE: June 6, 2025 CUSTOMER: City of Miami — O.C.I. TEL: 305-416-1247 EMAIL: clozano@miamigov.com Rev 1 BID #: 24-561 PROJECT: MPD Parking Garage Demolition ADDRESS: 400 NW 2nd Ave, Miami, FL 33101 ATTN: Carlos Lozano SITE VISIT: Yes DRAWINGS: Arch Demolition Plans Dated 8/15/24; Civil Demolition Plans Dated 1/22/24; Tree Removal Permit Plans Dated 1/31/25 ADDENDUMS: No Under the terms and conditions of this Proposal by and between The BG Group, LLC (BG Group) and City of Miami — Office of Capital Improvements (customer), BG Group will provide all labor, material and supervision necessary to complete the demolition and removal work described herein: Total Proposal Amount: $2,546,496.00 (Two Million Five Hundred Forty -Six Thousand Four Hundred Ninety -Six Dollars and No/100's) CC Price Breakouts (Included in Above): e.' Allowance for Lane Closure: $20,000.00 gp P&P Bond: $54,817.00 E CPerform Structural Demolition according to plan specifications listed above, to include only the following: i 3• Prepare Signed and Sealed Engineered Demolition Plans W• Demolition, Removal & Disposal of Multi -Story Parking Garage Building Including Canopies, Slabs • & Foundations = • Install Scaffolding on North, West & South Sides of Parking Garage for Duration of Small Machine 0 Demolition per Engineered Demolition Plans • Install Overhead Protection along Walkway between the Parking Garage and the School O • Tree Pruning by Certified Arborist E • Obtain Demolition Permit CD p • Installation of Tree Protection • • Installation of Erosion Control C • Disconnect or Reroute Above Ground Electrical Conduits as Required • Refeed Electrical Lines to Lighting in Covered Walkway to Remain v • Cut & Cap Underground Utilities per Plans i • Reconfigure Row of ADA Parking Space Striping to Rotate Orientation y• • Install Temporary Fencing & Construction Gate for Duration of Demolition Scope C • Install (1) Personnel Gate & Access Path East of CSI Building O CI • Installation of 8' High Metal Fence per Specs and Locations in Plans Following Completion of Demolition • Site to be Left in Condition Suitable for Vehicular Staging • Provide LEED Report • Performance & Payment Bond for Proposal Value Without Bond Plus 10% Contingency • Provide (3) Seismic Monitors for Duration of Demolition PROJECT SPECIFIC NOTES: Work to be completed in one mobilization, additional mobilizations are $3,000.00 EA. Foundations to be removed up to (3) Three feet below grade, No Pile Removal / Extraction 751 Park of Commerce Dr., Suite 138, Boca Raton, FL 33487 Cell: 561-789-0955 Fax: 561-998-8815 email: aiec@bgdemolition.com Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B BG GROUP 5B1 99B-1997 DEMOLITION CONSTRUCTION • IIEMEUTATIQN • Asbestos Survey • Asbestos or Lead Abatement • Temporary Water (to be provided by Others) • Other Hazardous Material • Night & Weekend • Rodent Inspection / Control ***Quote subject to change based on site visit/plans/documents/AHJ Requirements*** EXCLUSIONS: • Seeding or Sodding • Underground Utilities & Irrigation Lines • Pavement Base Material • Protection (Unless Noted Above) • Excessive / Unforeseen Tenant Debris • Pump Station and Fire Hydrant Removal • Owner Salvage • Site Security 2. Work by The BG Group: 2.1 The BG Group will verify all utilities that serviced the structures or equipment to be removed have been disconnected prior to the start of any work. 2.2 The BG Group will remove, load, haul and legally dispose of all combustible, solid and metallic debris resulting from the above captioned removal work. 2.3 Provide water supply (if not excluded above) in sufficient quantity and pressure and in close proximity to the removal site to support all dust control and fire control measures necessary for the completion of the work. 3. Licenses, Notifications, Regulations and Insurance 3.1 Prepare and submit any notifications required to complete the work described in this Agreement. 3.2 The BG Group will maintain Workers Compensation with a $1,000,000.00 limit, General Liability Insurance with a combined per occurrence limit of $2,000,000.00/$2,000,000.00 aggregate and a $5,000,000.00 umbrella, Pollution Liability Insurance with $5,000,000 Limit and Auto Insurance with a $1,000,000.00 limit. 3.3 The BG Group shall name Customer as an additional insured on their commercial general liability insurance policy, providing coverage for 'ongoing operations' and 'completed operations' arising out of the work performed under this contract, with coverage to be primary and non- contributory, including a waiver of subrogation rights against the additional insured. 4. Work by Customer: Customer agrees to perform the following in a timely manner so as not to impede the progress of The BG Group's work described herein: 4.1 Authorize The BG Group to utilize any or all of the necessary equipment and/or devices to complete the work in this Agreement. The following items may be used on this job: o Excavators of multiple sizes with assorted attachments o Rubber Tire Loaders o Track Loaders o Skid Steers (track or rubber tire) o Lifts (Scissor, Boom, Lulls, etc.) o Hydraulic Saws o Assorted Hand Tools 751 Park of Commerce Dr., Suite 138, Boca Raton, FL 33487 Cell: 561-789-0955 Fax: 561-998-8815 email: alec@bgdemolition.com Docusign Envelope ID: 5375761 A-B20E-4FFD-B1 E6-771027C47E0B 1114 BG GROUP 5B1/999-1991 DEMOLITION • CONSTRUCTION - RI MTQ111TIItM 5. Contract Conditions: The Customer and The BG Group agree that: 5.1 The BG Group shall occupy the entire work area exclusively upon the commencement of The BG Group's work. The BG Group shall not be responsible for the safety of any person who enters the work area unless such person has been specifically authorized by The BG Group to enter the work area. 5.2 The BG Group will schedule work between the hours of 7am and 6pm, Monday through Saturday. 5.3 Customer will convey to The BG Group all rights to, title to, and interest in, all building contents and/or salvageable materials, not listed as excluded on this proposal that were located within the structures at the time of the walk through for bidding purposes. 5.4 Customer understands, acknowledges and agrees that BG will need to obtain a permit to perform the demolition work in accordance with Scope Inclusions and Exclusions listed above. With respect to the permit, Customer will fully cooperate with BG on any permit -related needs including, but not limited to, pre- or post -permit issuance. Further, if BG obtains any project permit under BG's license, or obtains any sub -permit under the license of one of BG's subcontractors for the Work, Customer shall perform any needed work not specifically included in BG's scope but required by any governmental authority to close the permit prior to its expiration (the "Customer Work"), at Customer's sole cost and expense. If, Customer fails to perform the Customer Work within 10 days after receipt of notice of BG's demand for same then Customer shall be responsible for any damages incurred by BG including, but not limited to, costs, fees, violations, fines, attorneys' fees and consequential damages that may be assessed against BG or its subcontractors by any permitting issuing authority. Payment: Payment will be invoiced for on a monthly basis based on percentage completion against a stated Schedule of Values, and should be made to The BG Group, LLC within 10 days of approved invoice without exception or retention and whether or not Customer has received payment from any other source. Any late payments will accrue interest at a rate of 12% per annum on a monthly basis. Payment to be made by check or wire. Alternative terms may be negotiated prior to commencement. Acceptance: This Proposal shall remain an offer for acceptance by Customer for a period of thirty days. The BG Group, at its discretion, may terminate thereafter. Sincerely, Alec Greenberg Estimator Accepted By: Date: 151 Park of Commerce Dr., Suite 138, Boca Baton, FL 33481 Cell: 561-189-0955 Fax: 561-998-8815 email: alec@bgdemolition.com Docusign Envelope ID: 5375761A-B20E-4FFD-B1E6-771027C47E0B V/G�/GJ, V.JV 1,11 Detail by Entity Name DIVISION OF CORPORATIONS JSviiJ1 : Jf. ;org L., 0 1) PD i)frCJI• I� rrrr official 31a19 of Florida weir.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company THE BG GROUP, LLC Filing Information Document Number L03000003325 FEI/EIN Number 81-0593332 Date Filed 01/28/2003 State FL Status ACTIVE Principal Address 3640 CARLTON PLACE BOCA RATON, FL 33496 Changed: 07/12/2022 Mailing Address 3640 CARLTON PLACE BOCA RATON, FL 33496 Changed: 07/12/2022 Registered Agent Name & Address GREENBERG, STEVEN R 3640 CARLTON PLACE BOCA RATON, FL 33496 Address Changed: 01/27/2025 Authorized Person(a) Detail Name & Address Title MGR GREENBERG, STEVEN R 3640 CARLTON PLACE BOCA RATON, FL 33496 Title MGR https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=BGGROU... 1/2 Docusign Envelope ID: 5375761A-B20E-4FFD-B1E6-771027C47E0B V/G�/GJ, V.JV 1,1Y1 GREENBERG, IVY FRADIN 3640 CARLTON PLACE BOCA RATON, FL 33496 Annual Reports Report Year Filed Date 2023 01/27/2023 2024 01/15/2024 2025 01/27/2025 Document Imams 01/27/2025 --ANNUAL REPORT 01/15/2024 --ANNUAL REPORT 01/27/2023 --ANNUAL REPORT 01/22/2022 --ANNUAL REPORT 01/11/2021 --ANNUAL REPORT 01/14/2020 --ANNUAL REPORT 02/07/2019 --ANNUAL REPORT 01/16/2018 --ANNUAL REPORT 01/07/2017 --ANNUAL REPORT 01/23/2016 --ANNUAL REPORT 01/07/2015 --ANNUAL REPORT 01/08/2014 --ANNUAL REPORT 01/24/2013 --ANNUAL REPORT 02/07/2012 --ANNUAL REPORT 01/04/2011 --ANNUAL REPORT 01/04/2010 --ANNUAL REPORT 01/14/2009 --ANNUAL REPORT 01/04/2008 --ANNUAL REPORT 02/13/2007 --ANNUAL REPORT 01/27/2006 --ANNUAL REPORT 01/07/2005 --ANNUAL REPORT 02/17/2004 --ANNUAL REPORT 01/28/2003 -- Florida Limited Liabilites View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporation https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=BGGROU... 2/2 Olivera, Rosemary From: Caseres, Luis Sent: Monday, July 21, 2025 4:09 PM To: Sagesse, Max; Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Badia, Hector; Darrington, Mario; McGinnis, Lai -Wan Cc: Fossler, Thomas; Hannon, Todd; Olivera, Rosemary; Reinike-Heinemann, Evelyn; Roberts, Frankeetha; Ewan, Nicole; McKinnon, Charles; Cabrera, Maria Subject: Document Distribution - Emergency Const Contract -Miami Police Headquarters - Demolition of Parking_Executed 07-21-2025 Attachments: Emergency Const Contract -Miami Police Headquarters - Demolition of Parking_Executed 07-21-2025.pdf Good afternoon All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Rei n i ke/Fran keetha You may now close this Matter ID 25-1940 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: Emergency Construction Contract First Party: City of Miami Second Party: The BG Group, LLC Program/Purpose: Demolition of Parking Garage at Miami Police Headquarters — D5 Effective Date: 07/21/2025 Best regards, i LuA.- Cc e re k Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com 0 "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the City of Miami. 2