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25839
AGREEMENT INFORMATION AGREEMENT NUMBER 25839 NAME/TYPE OF AGREEMENT OMNI CRA & MASS CONSTRUCTION CORPORATION DESCRIPTION AMENDMENT NO. 1 TO CONSTRUCTION SERVICES AGREEMENT/ADDITIONAL WORK TO THE BANK BUILDING INCREASING CONTRACT VALUE/FILE ID: 15538/CRA-R-24- 0016/MATTER I D : 24-654 EFFECTIVE DATE December 4, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/6/2025 DATE RECEIVED FROM ISSUING DEPT. 12/8/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL AMEDMENT NO.1 TO THE CONSTRUCTION SERVICES AGREEMENT BETWEEN MASS CONSTRUCTION CORPORATION AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY This Amendment ("Amendment") is entered into as of this 4th day of December , 2025, by and between the OMNI Redevelopment District Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, with principal address at 1401 North Miami Avenue, Miami, Florida 33136 ("CRA"), and Mass Construction Corporation, a Florida Profit Corporation, with principal address at 2201 Tequesta Way, Miami, Florida 33133 ("Contractor"). The CRA and Contractor collectively shall hereinafter be referred to as the "Parties." RECITALS WHEREAS, the CRA currently owns the Citizens Bank Building located at 1367 North Miami Avenue, Miami, Florida ("Bank Building") and is responsible for the renovation and rehabilitation of the historic property; and WHEREAS, the Parties entered into an agreement effective March 10, 2022 ("Agreement"), pursuant to CRA Resolution No. CRA-R-21-0031, which authorized emergency construction services for rehabilitation to the Bank Building; and WHEREAS, on February 8, 2024, the Board of Commissioners for the CRA adopted Resolution No. CRA-R-24-0016, which authorized Amendment No. 1 to the Construction Services Contract with the Contractor for additional work to the Bank Building, increasing the contract value by Three Hundred Ninety -Five Thousand Eight Hundred Seventy -Four Dollars and Seventeen Cents ($395,874.17), thereby increasing the total compensation amount to Six Million Seven Hundred Seventy -Five Thousand Eight Hundred Seventy -Four Dollars and Seventeen Cents ($6,775,874.17); and NOW, THEREFORE, in consideration of the terms, conditions, and mutual covenants contained herein and other good and valuable consideration received by each party, the sufficiency of which are hereby acknowledged, the CRA and Contractor hereby agree as follows: 1. The Recitals are true and correct and are hereby incorporated into and made a part of this Amendment. The following exhibits are attached hereto and are hereby incorporated into and made a part of this Amendment. A. Exhibit A — Original Construction Services Agreement B. Exhibit B — Anti -Human Trafficking Affidavit C. Exhibit C — Authorizing Resolution In the event of a conflict between the provisions of this Amendment or any of its exhibits, the conflict shall be resolved in favor of this Amendment, then the priority order indicated above. Unless expressly amended herein, all other terms and conditions set forth in the original Agreement shall remain in effect and unmodified. 2. Section 2, titled "Contract Term; Total Not -to -Exceed Contract Amount," is hereby deleted in its entirety and replaced with the following_ 2. Contract Term: Total Not -to -Exceed Contract Amount The Contract shall commence upon issuance of the Notice of Proceed ("NTP"), which shall be issued subsequent to the execution of the Contract by the CRA. The Contract shall terminate upon notice by the CRA that the Contract has been closed -out after final completion or otherwise terminated by the CRA pursuant to the terms and conditions of the original Agreement. The total contract amount shall not exceed Six Million Seven Hundred Seventy -Five Thousand Eight Hundred Seventy -Four Dollars and Seventeen Cents ($6,775,874.17), which includes all materials, equipment, supplies, overhead expenses, and profit needed to complete the Work. The CRA will not be liable for payment of any amount in excess of the total not -to -exceed contract amount ("Contract Price") unless, the CRA Board 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. Contractor shall have no recourse in that respect except to seek an additional Amendment to the Agreement. Otherwise, all costs in excess of the Contract Price shall be paid solely by Contractor without reimbursement or additional compensation from CRA. Contractor represents, warrants, and guarantees to the CRA that 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. The total not -to exceed contract amount is Six Million Seven Hundred Seventy - Five Thousand Eight Hundred Seventy -Four Dollars and Seventeen Cents ($6,775,874.17), which includes the Base Scope of Work in the amount of Five Million Eight Hundred Thousand Dollars $($5,800.000.00), a 10% Owner's Contingency Allowance in the amount of Five Hundred Eighty Thousand Dollars ($580,000.00) and an increase in the capacity of the contract in an amount of Three Hundred Ninety -Five Thousand Eight Hundred Seventy -Four Dollars and Seventeen Cents ($395,874.17). 3. Section 4, titled "Notices", is hereby deleted in its entirety and replaced with the following language: 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: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 2 of 8 For CRA: Carlos Ignacio Suarez 1401 N. Miami Avenue, Miami, FL 33136 Email: CSuarez@miamigov.com Phone: 305-416-1025 Annie Perez, CPPO, Director Department of Procurement City of Miami 444 SW 2nd Avenue - 6th Floor Miami, FL 33130-1910 Email: AnniePerez@miami.gov Phone: 305-416-1910 George K. Wysong III, General Counsel for the CRA City Attorney's Office City of Miami 444 SW 2nd Avenue - 9th Floor Miami, FL 33130-1910 Email: gwysong@miami.gov Phone: 305-416-1832 For Contractor: Zion Mass, CEO Mass Construction Corporation 2201 Tequesta Way Miami, FL 33133 E-mail Address: zion@mass-cm.com Phone Number: 305 849-1216 During the Work, the Contractor shall maintain continuing communications with Consultant and the Project Manager. The Contractor shall keep the CRA 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 the representative of the CRA assigned to this Project, Jermaine Hamm, Project Manager at the CRA at (305) 679-6866, or via email at JHamm@miami.gov. 4. Section 3 Titled "Supplemental Terms and Conditions" shall be amended to add a Section 21, which shall include the following: 21. Anti -Human Trafficking 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. Contractor shall execute and submit to the CRA an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "B." If Contractor fails Page 3 of 8 to comply with the terms of this Section, the CRA may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the CRA be liable to Contractor for any additional compensation or for any consequential or incidental damages. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. WITNESS/ATTEST: DocuSigned by: L.. gf63DD822485.. Alejandro Acosta -Rubio Print Name, Title ATTEST Signed by: AF FA(Q 3A... Contractor Sec etary (Affirm Contracto ATTEST: DocuSigned by: Todd B. Hannon Clerk of the Board Project Manager APPROVED AS TO LEGAL FORM rDocuSigned by: at.elt, 00(isat4 111 88776 E9FE88248B... George K. Wysong III General Counsel 24-654 DJGS CONTRACTOR: Mass Construction Corporation, a Florida Profit Corporation DocuSigned by: DocuSigned ass F*F03eD5P14A8... Signature Zion Mass Print Name, Title Owner OMNI CRA Omni Redevelopment District Community Redevelopment Agency ECSBigined by: a tas lbyttGta SU,art,�) C1Ae3B58-1-424... Carlos Ignacio Suarez. Executive Director APPROVED AS TO INSURANCE AND CORRECTNESS REQUIREMENTS: DocuSigned by: Fmk �awtt,�j 27395eG39-214E7... David Ruiz Interim Risk Management Director Page 4 of 8 COMPANY RESOLUTION Page5of8 STATE OF FLORIDA COUNTY OF MIAMI-DADE CORPORATE RESOLUTION ) ) ) SS / EIN: 27-3057845 WHEREAS, Mass Construction Corporation, a Florida Profit Corporation ("Company"), desires to enter into an Agreement with the Omni Redevelopment District Community Redevelopment Agency, a copy of which is attached hereto; and WHEREAS, the Board of Directors or Managing Members, as applicable, 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 Company intends to enter into the Agreement with the Omni Redevelopment District Community Redevelopment Agency and be bound by its terms and that Zion Mass, as Chief Executive Officer of Mass Construction Corporation, ("Authorized Individual") is hereby authorized and instructed to enter into the Agreement and undertake the responsibilities and obligations as stated in such proposed Agreement in the name and on behalf of this Company with the Omni Redevelopment District Community Redevelopment Agency upon the terms contained in the proposed Agreement to which this resolution is attached. IN WITNESS WHEREOF, this 3 day of Dee- - , 2025. Corporate Secretary ` t Print Name: t/7ftittJS ape-N01 (Affix Corporate Seal, if applicable) By: Mass Construction Corporation a Florida Profit Corporation Print Nam • Zion Mass Title: C . f Executive Officer 1 FRANCES LLOP-NOY MY COMMISSION # HH 389638 EXPIRES: August 21, 2027 1 12/3/25, 11:21 AM Detail by Entity Name DIVISION OF CORF' lr r J rY 1 eyf trr{�} rrl �■ Dr)_PiF�r1 ICJ an official 1al duty t {lu■/slu webs'►ty Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation MASS CONSTRUCTION CORPORATION Filing Information Document Number P10000059175 FEI/EIN Number 27-3057845 Date Filed 07/19/2010 State FL Status ACTIVE Principal Address 2201 Tequesta Way Miami, FL 33133 Changed: 09/22/2022 Mailing Address 2201 Tequesta Way Miami, FL 33133 Changed: 09/22/2022 Registered Agent Name & Address MASS, ZION I 2201 Tequesta Way Miami, FL 33133 Address Changed: 01/31/2023 Officer/Director Detail Name & Address Title CEO MASS, ZION 2201 TEQUESTA WAY MIAMI, FL 33133 Annual Reports Report Year Filed Date 2023 01/31/2023 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=l nitial&searchNameOrder=MASSCO... 1 /2 12/3/25, 11:21 AM 2024 01 /11 /2024 2025 02/13/2025 Detail by Entity Name Document Images 02/13/2025 -- ANNUAL REPORT 01 /11 /2024 -- ANNUAL REPORT 01 /31 /2023 -- ANNUAL REPORT 01/30/2022 --ANNUAL REPORT 02/04/2021 -- ANNUAL REPORT 04/02/2020 -- ANNUAL REPORT 04/21 /2019 -- ANNUAL REPORT 01 /17/2018 -- ANNUAL REPORT 02/13/2017 -- ANNUAL REPORT 01 /25/2016 -- ANNUAL REPORT 02/14/2015 -- ANNUAL REPORT 03/01 /2014 -- ANNUAL REPORT 01 /26/2013 -- ANNUAL REPORT 01/17/2012 --ANNUAL REPORT 02/28/2011 --ANNUAL REPORT 07/19/2010 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=MASSCO... 2/2 EXHIBIT A Construction Services Agreement dated March 10th, 2022 Page6of8 CONSTRUCTION SERVICES AGREEMENT THIS CONSTRUCTION SERVICES AGREEMENT (THE "AGREEMENT") is entered into this _ day of Mare in the year 2022, ("Effective Date") by and between OMNI Redevelopment District Community Redevelopment Agency, of the City of Miami, Florida, a pubNc agency and body corporate created pursuant to Section 163.356, Florida Statutes, with principal address at 1401 N. Miami Avenue, Miami, FL 33136, hereinafter called the "Omni CRA" / "CRA", and Mass Construction Corporation, a Florida Profit Corporation, with principal address at 1060 Brlckell Avenue, Suite 1601, Miami, FL 33131, hereinafter called the "Contractor.' The CRA and the Contractor collectively shall hereinafter be referred to as the "Parties." RECITAL WHEREAS, the OMNI Redevelopment District Community Redevelopment Agency ("Omni CRA" 'CRA") currently owns the Citizens Bank Building ("Bank Building") located at 1367 North Miami Avenue, Miami., Florida and is responsible for the renovation and rehabilitation of the historic property; and WHEREAS the Bank Building was purchased by the CRA in 2017 and since that date the CRA has procured through the City of Miami's Procurement Department the services of R. J. Heisenbottle ("Consultant) for Architectural and Engineering Services for Citizens Bank Building Restoration; and WHEREAS, the CRA became aware through the procured Consultant that the facade and interior structure of the Bank Building was deteriorating rapidly due to water intrusion and spelling as outlined in "Exhibit A," attached and incorporated herein Consultant's Letter ; and WHEREAS, the Bank Building is both historically designated and fronting on a public sidewalk, the recommendation has been made by the Consultant that the CRA immediately support and brace the structure, that will aid in preserving the historical facades while protecting the public from any danger of corpse as outlined in "Exhibit A," attached and incorporated herein; and WHEREAS, it is a matter of public health and safety that the building is properly maintained and in the best interest of the community that the CRA, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), procure the services of a licensed general contractor meeting all insurance requirements to complete the Shoring and Renovation of Citizens Bank Building ("Project") as recommended by the Consultant; and WHEREAS, the use of the emergency bid waiver pursuant to Section 18-90 of the City Code is justified as the Executive Director found that it was not practicable or advantageous to undergo the formal bidding process for a licensed general contractor because the time duration involved in formal bidding would mean the Bank Building would present serious structural issues that pose a significant threat to the safety of the general public, and significant further deterioration of the building as described herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Omni CRA and the Contractor, agree as follows: 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. 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. CRA means the Omni Redevelopment District Community Redevelopment Agency, of the City of Miami, Florida, a redevelopment agency created pursuant to Chapter 163 Florida Statutes. In all respects hereunder, CRA's performance is pursuant to the CRA as Owner. In the event the CRA exercises its regulatory authority as a govemmental 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 CRA's authority as a governmental body and shall not be attributable in any manner to the CRA as a party to this Contract. For the purposes of this Contract, "CRA" without modification shall mean the CRA Executive Director, as applicable. CRA Commission means the legislative body of the CRA of Miami. CRA Manager means the duly appointed chief administrative officer of the CRA. Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the Agreement's price or time. Construction Engineering Inspection ("CEI") means an individual or an organization (assigned by the City of Miami's Director of the Office of Capital Improvements (aQCI°) responsible in assisting the CRA'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 CRA's Executive Director 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 CRA for the provision of design/engineering services for the Project; and if applicable, means the Architect or Engineer of Record contracted by the CRA to prepare the plans and specifications for the Project. Consultant may also be referred to as Architect or Engineer of Record. Contract means this document and the bid documents that have been executed by the Contractor and the CRA subsequent to approval of award by the CRA. 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. Contractor means the person, firm, or corporation with whom the CRA 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 as per emergency guidelines of the Code of the CRA of Miami. CRA Board means the legislative body of the Community Redevelopment Association. Cure means the action taken by the Contractor promptly after receipt of written notice from the CRA of a breach of the Contract Documents which shall be performed at no cost to the CRA, 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 Wank 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 CRA identifying the deficiencies and the time to Cure. 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 CRA. Director means the Executive Director 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 CRA 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 CRA 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 CRA 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 CRA assigned to make necessary Inspections of materials furnished, and of the Work performed, by Contractor. Local Workforce Participation Requirements mean the requirements set forth in Section 18-89 of the City Code that (unless determined inapplicable or exempted by the Executive Director pursuant to this Code Section) which Contractor must employ on -site labor from persons who reside within the municipal boundaries of the CRA (e.g., CRA limits). 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 CRA, 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. 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 CRA employee, CRA employee or Consultant (assigned by the Executive 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 ITB. 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 CRA Manager to administer matters relating to insurance and risk of loss for the City. Small Business Enterprise ("SBE") means a construction related enterprise, including a design -build firm, and any firm providing trades and/or services for the completion of a construction Project, as defined in Section 10-33.02 of the Code of Miami -Dade County. SBE is additionally referenced in Section 18-89 of the City Code and In these Contract Documents. SBE was formerly known as Community Small Business Enterprise (CSBE). Subcontractor means a person, firm or corporation having a direct Contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents but does not include one who merely fumishes 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 CRA 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. SECTION 2 GENERAL TERMS AND CONDITIONS 1. Time is of the Essence 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 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 CRA. Contractor acknowledges and recognizes that the CRA 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 obfmgation to achieve full completion of the Work within the Contract Documents Time, and shall not erfitle the Contractor to an adjustment. All parties wider the control or Contract with the Contractor shall include but are not limited to material persons and laborers. The Contractor acknowledges that the CRA 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' Total Not -to -Exceed Contract Amount The Contract shall commence upon issuance of the Notice To Proceed ('NTP', which may be issued subsequent to the execution of the Contract by the CRA. The Contract shall terminate upon notice by the CRA that the Contract has been dosed -out after final completion or otherwise terminated by the CRA pursuant to the terms and conditions herein set forth. The total contract amount shall not exceed Six Million Three Hundred Eighty Thousand dollars ($6,380,000.00), which includes all materials, equipment, supplies, overhead expenses, and contingency and profit needed to complete the Work. The CRA will not be liable for payment of any amount in excess of the total not -to -exceed contract amount ("Contract Price") unless, the CRA Board has approved a prior amendment to the Contract setting forth an additional amount due to Owner -requested changes or its equivalent Contractor stall have no recourse in that respect except to seek an Amendment to the Agreement. Otherwise, alt costs in excess of the Contract Price shall be paid solely by Contractor without reimbursement or additional compensation from CR& Contractor represents, warrants, and guarantees to the CRA that Contractor shall completely, timely, and properly perform the Work and alt of its obligations under the Contract, In accordance therewith, for the Contract Price to be agreed upon by the Parties. The total not -to exceed contract amount is Six Million Three Hundred Eighty Thousand dollars ($6,380,000.00) , which indudes the Base Scope of Work in the amount of $ Five Million Eight Hundred Thousand Dollars ($5,800,000.00), and a 10% Owner's Contingency Allowance in the amount of $Five Hundred Eighty Thousand Dollars ($580,000.00). 4. Notices Whenever either party desires to give written notice unto the other relating to the Contrail, such must be addressed to the party for whom it is intended at the place lest specified; and the place for giving of notice shalt 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 parr designate the Bowing as the respective places for giving of notice: For OMNI CRA: Executive Director 1401 N. Miami Avenue, Miami, FL 33136 Phone: 305-416-1025 Annie Perez, CPPO, Director Department of Procurement CRA of Miami 444 SW rd Avenue - 6th Floor Miami, FL 33130-1910 Email: AnniePe Phone: 305-416-1910 Victoria Mendez, General Counsel CRA Attorney's Office CRA of Miami 444so/ 2"dAvenue -9thFloor Miami, FL 33130-1910 Email: VMendez(cimiamioov.com Phone: 305-416-1832 For Contractor: Zion Mass, CEO Mass Construction Corporation 1060 Bric kell Avenue Miami, FL 33131 ,z ont !mass-c m.com 305-849-1216 During the Work, the Contractor shall maintain continuing communications with Consultant and the Project Manager. The Contractor shall keep the CRA fully krforrned as to the progress of the Project at all times through ongoing communications with the Project Manager. The Contractor shall notify the Miami Poke Department and Fire Department about the constriction achedule(s). The Contractor is required to obtain a current list of contact persons and phone numbers from the representative of the CRA assigned to this Project, Anthony Balzebre, Assistant Director of the CRA at (305) 679-6852, or via email at ;'.rnia v,coni. 5. Priprt _ of Provisions All Work shall be constructed in accordance with the latest edition of the CRA's and City of Miami's Contract Documents and Specifications, the CRA's Standards for Design and Construction, Miami -Dade County's Standards Details, Florida Buflding Code, and any local, state, and federal rule and regulation, 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: • Revislons to the Contract shall govem over the Contract; • The Contract Documents shall govern over the Contract; 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 govem over 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, manufactu er's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern. 6. indemnification Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the CRA and the City, its officers, agents, directors, and/or employees, and any involved CRA and City agencies and instrumentalities, from all liabilities, damages, losses, judgements, expenses, fees, and costs, including, but not limited to, reasonable attomey'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 Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold the CRA and the City, its officials and employees, indemnify, save aid hold harmless for, and defend (at its own cost), the CRA and 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 attomey's fees) arising or resulting from the permitted Work and/or faNure to comply with 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 CRA and City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the CRA by reason of any such action, claim or demand, the Contractor shall, upon written notice from the CRA, resist and defend such action or proceeding by counsel satisfactory to the CRA. 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 CRA and City, its officers, employees, agents, agencies, and instrumentalities as herein provided. 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 CRA's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the CRA, whether performed by the Contractor, or persons employed, supervised, or utilized by 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. Contractor shall require all sub -Contractor agreements to include a provision that each sub -Contractor will indemnify, hold harmless and defend the CRA and City in substantially the same language as this Section. The Contractor agrees and recognizes that the CRA nor 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 CRA 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 CRA, in no way, assumes, or shares any responsibility or liability of the Contractor or sub- Contractor under this Contract. Ten dollars ($10) of the payments made by the CRA 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. Notwithstanding anything to the contrary within this Agreement or the Contract Documents, Contractor shall be liable and indemnify CRA only for those claims or costs resulting from or attributable directly to Contractor's own misconduct or its intentional or negligent acts or omissions. The Contractor's obligations in this regard shall be co -existent with and limited by applicable insurance coverage. 7. Insurance Without limiting any of the other obligations or liabilities of Contractor, 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 of Miami's Risk Department (or for such duration as is otherwise specified hereinafter), the insurance coverage's set forth in Exhibit 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." 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 CRA shall act through the City of Miami's Risk Administrator (unless otherwise stated). 8. Performance and Pa ment Bond Where required by the Contract Documents or by Florida Statutes, the Contractor shall, within fourteen (14) calendar days of being notified of award, fumish 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 Price, including any contingency allowance/s, guaranteeing to CRA the completion and performance of the Work covered In the Contract Documents, as welt 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, or an additional bond shall be conditioned that Contractor will, upon notification by the CRA, correct any defective or faulty Work or materials which appear within one year after Final Completion of the Project. The CRA and City of Miami must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide the CRA 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. Alternate Form of Security: In lieu of a Performance/Payment Bond, 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 CRA and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by the CRA for one year after completion and acceptance of the Work. 9. Qualification of Suret Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000): Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. Payment / Performance Bonds shall be in the amount of one hundred and ten percent (110%) of the Work 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 CRA with evidence satisfactory to CRA, that such excess risk has been protected in an acceptable manner. 10. General Re uirements 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 CRA, 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 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 CRA. The Contractor shall, at all times, cooperate with the CRA and coordinate its respective Work efforts to progress the performance of the Work most effectively and efficiently. The CRA 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. Contractor shall bear all losses resulting to 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. Contractor shall not open up Work to the prejudice of Work already started, and the CRA may require the Contractor to finish a section on which Work is In progress before Work is started on any additional section. Contractor is to take necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. 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 Performincgthe Work If the CRA 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 CRA, 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 CRA, the CRA 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 CRA. The CRA at its sole option may also have Work performed by a third -party Contractor and deduct such cost from any monies due 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 CRA. Contractor is responsible for and shall take all necessary and prudent measures for controlling dust and preventing It from becoming a public nuisance or causing off - site damage. The Contractor shall furnish to the CRA 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 Sta,.ing and Phasinc; The Work to be performed shall be done in such a manner so as not to interfere with the normal CRA operations of area unless approved through permitting at the City or County. The way the Work is performed shall be subject to the approval of the CRA, who, if necessary, shall have the authority to require changes in the way the Work is performed. There shall be no obstruction of CRA services without the prior written approval of the City. All requests for such interruption or obstruction must be given in writing to the CRA at least twenty-four (24) hours in advance of the interruption of CRA operations so as to facilitate obtaining the requisite approvals and permits. The Contractor shall familiarize itself with normal operations where the Work is to be performed so that it can conduct the Work in the best possible manner. A staging plan must be submitted to and approved by the CRA 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, local workforce participation, 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 Iocation(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 CRA and its consultants 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 CRA may provide and inspection of the Project site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory Work that may have been done by the CRA and its consultants or included in this Contract Documents. 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 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 provided reports, the Contractor shall notify the CRA and its consultants and this Contract Documents amount may be adjusted up or down depending on the conditions. 14. Contractor to Check Plans, Specifications, and Data Contractor shall verify all dimensions, quantities and details shown on the plans, specifications, or other data received from the CRA as part of the Contract Documents, and shall notify the CRA of ail errors, omissions, and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be fumished by the CRA. Contractor shall not be liable for damages resulting from errors, omissions, or discrepancies in the Contract Documents unless Contractor recognized such error, omissions, or discrepancy and knowingly failed to report it to the CRA. 15. Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until final acceptance by CRA, and shall promptly repair or replace, at no additional cost to the CRA, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever unless same is due to or attributable to the actions or inactions of CRA. 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 CRA every accident to persons or damage to property, and shall fumish in writing full information, including testimony of witnesses regarding any and all accidents. 17. Safety Precautions Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: All employees on the Protect site(s) and other persons who may be affected thereby; • AN 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. 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 Contractor's superintendent unless otherwise designated in writing by Contractor to the CRA. 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. 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 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 Contractor. 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 CRA .has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the duration of the 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 (TERM"), the CRA, 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 CRA 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 riggings, 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 the Project, the Contractor must immediately notify the Project Manager and CRA of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager and CRA. 18. Occu ational Health and Safet 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: 3. The potential for fire, explosion, corrosion, and reaction; * 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, 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. Contractor shall at all times enforce strict discipline and good order among. its employees and Subcontractors at the Project sites) 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 CRA 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 CRA, at its sole discretion, may hire a Consultant who shall serve as CRA's Representative for the Project to be performed under the Contract Documents. The Contract Documents will state that a CRA'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 CRA 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 Protect 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. The CRA 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 CRA may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as that of the terminated Consultant. 22. Pro'ect 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 and CRA 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 CRA are given through the Consultant or the Project Manager, which instructions are to be strictly and promptly followed in every case. 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 Contractor and ceases to be in Contractor's employ. The superintendent shall represent Contractor, and all directions given to the superintendent shall be as binding asif given to Contractor, and will be confirmed in writing by the Project Manager upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using Contractor's best skills and attention. The Project Manager shall be provided 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 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 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 CRA immediately, in writing, and the CRA will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. 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. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Ail Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 24. Authority of the Proiect Mana er 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 CRA to the extent provided by the Contract, unless otherwise modified in writing by the CRA. 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. lns ection of Work The Project Manager, Consultant, Construction Engineering Inspector (CEI), and other City and or CRA representatives shall at all times have access to the Work during normal work hours, and 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, Contractor shall give the Project Manager timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CRA, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should 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 Contractor's expense. If warranted and unless otherwise provided, the Contractor shall arrange for such tests, inspections, and approvals with the CRA's testing laboratory or entity. The Contractor shall give the CRA and the Project Manager timely notice of when and where tests and inspections are to be made so that the CRA or Project Manager may be present for such procedures. Re-examination of any of the Work may be ordered by the CRA, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, CRA 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, Contractor shall pay such cost. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, if the CRA or separate Contractors has to correct or remove Contractor's 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 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. 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 CRA 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. 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 Contractor's Work depends for proper execution or results upon the Work of any other persons, Contractor shall inspect and promptly report to the CRA any defects in such Work that render it unsuitable for such proper execution and results. Contractors failure to so inspect and report shall constitute an acceptance of the other person's Work as fit and proper for the reception of Contractor's Work, except as to defects that may develop in other Contractor's Work after the execution of Contractor's Work. 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, Contractor shall be liable to the affected Contractor for the cost of such interference or impact. To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place 3and shall at once report to the Project Manager any discrepancy between the executed Work and the requirements of the Contract Documents. 28. Lands of Work CRA shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way, and easements for access thereto and such other lands as are designated by CRA for the use of Contractor. Contractor shall provide, at Contractor's own expense and without liability to CRA, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to CRA copies of written permission obtained by 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." 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. Contractor may be required to coordinate the Work with other Contractors performing Work at the Project site. 30. Differin Site Conditions In the event that during the course of the Work 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, 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 CRA in writing of the existence of the aforesaid conditions. The CRA shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of the CRA, the conditions do materially so differ and cause an increase or decrease in 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 CRA shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the CRA and Contractor cannot agree on an adjustment In the Contract Price or Contract Time, the adjustment shall be referred to the Director for 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 Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless 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 CRA as the date of substantial completion. 31. Existin _ Utilities Known utilities and structures adjacent to or encountered in the Work will be shown on 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 CRA for their accuracy or completeness. No request for additional compensation or Contract time resulting from encountering utilities not shown will be 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 Utili. Pro erties 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 circumstance, expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and their 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 GRA 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 CRA. Replace, with material approved by the CRA, at 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 CRA and the City. Replace, with material approved by the CRA, at Contractor's expense, any existing utilities damaged during the Work. 33. Interfering Structures An attempt has been made to show major structures on 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. Contractor shall coordinate with any affected companies, including ufility 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 by 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 CRA and its Consultants 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. 36. 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 CRA day-to-day operations. The Contractor shall limit its use of the Project site(s), so as to allow for limited disruption of the surrounding area operation. This is necessary, as the surrounding areas remain in operation during the Work. ■ The Contractor shall: » Confine operations at the Project site(s) to the areas permitted by the CRA, its Consultants and 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 CRA, its employees and the public at all times; not use areas for parking and/or storage of materials except as authorized by the Contract documents and Project Manager. » Assume all responsibility for its tools, equipment, and materials, including any materials purchased for the Work and not accepted by the CRA, and its vehicles while performing Work for the CRA and/or while parked or stored at a CRA facility. The CRA 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. Warrant of Materials and Equipment Contractor warrants to CRA 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. AU Work not conforming to these requirements, induding substitutions not properly approved and authorized, may be considered defective. If required by the CRA, Contractor shall furnish 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 CRA. 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. Packa in and Delive of Snare Parts and S eclat Tools: Properly mark to 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 contents. Delivery of spare parts and special tools shall be made prior to the time associated equipment is scheduled for the initial test run. Shi. ment All equipment and material shall be shipped with 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 of 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 CRA-Supplied materials and equipment shall be included in the prices bid and no extra compensation will be allowed. Ins ection: Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. CRA supplied equipment and material shall be inspected and inventoried together with CRA or a CRA's Inspector. Should there appear to be any shortage or damage, the CRA 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. Handlinc: 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. Storaqe: Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as pipe 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 CRA accepts the equipment for full-time operation. Salvage Equipment: Any salvageable pipe, fittings, or other miscellaneous material or equipment suitable for reuse 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 CRA, and shall remain the property of the CRA. 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, 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 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 CRA a written report of field observations. 39. Manufacturer's Warrant, Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the CRA 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 CRA, 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. 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 govem unless otherwise stated. 41. Submittals Contractor shall check and approve all shop drawing, 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 CRA. 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 CRA in writing of any deviations from the Contract Documents. Failure of the Contractor to advise the CRA of 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 • 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 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, signature shall be rejected, and it will be considered that the Contractor has not complied with the requirements of the Contract Documents. Contractor shall bear the risk of any delays that may occur because of such rejection. CRA shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the CRA has retumed approved submittals to the Contractor. The CRA and its Consultants shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the CRA. The CRA'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 CRA shall retum 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 CRA 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. 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 entitles 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 CRA'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 CRA's review of shop drawings, Submittals and Samples shall be construed as authorizing additional Work or Increased cost to the CRA. Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. 42. Shop Drawinc1s Contractor shall submit shop drawings 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 CRA's award of the Contract, Contractor shall submit to the CRA a complete list and submittal log of items for which shop drawings are to be submitted and shall identify the critical items and all submittal dates. Approval of this list by the CRA shall in no way relieve the 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 in above, Contractor shall promptly request shop drawings from the various manufacturers, fabricators, and suppliers. Contractor shall thoroughly review and check the shop drawings and each and every copy shall show its approval thereon. Some shop drawings, as denoted either in the Contract Documents or by the Florida Building Code (Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed engineer. It is 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 indicate departures from the Contract Documents, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents. The CRA shall review and accept or reject with comments, shop drawings within fourteen (14) calendar days from the date received. The CRA's approval of shop drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such shop drawings, nor for the proper fitting and 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 Contractor from responsibility for errors or omissions of any sort on the shop drawings. No approval will be given to partial submittals of shop drawings for items, which interconnect and/or are interdependent where necessary to evaluate the design properly. It is Contractor's responsibility to assemble the shop drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to the CRA along with its comments as to compliance, noncompliance, or features requiring special attention. If catalog sheets or prints of manufacturers' standard drawings are submitted as shop drawings, any 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 detailed and shall have listed on it all Contract Documents references, drawing number(s), specification 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, gauges, methods of fastening and spacing of fastenings, connections with other Work, cutting, fitting, drilling, and any and all other necessary information per standard trade practices or as required for any specific purpose shall be shown. Where professional calculations and/or certification of performance criteria of materials, systems, and or equipment are required, EOR is entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the Contractor. Calculations, when required, shall be submitted In a neat clear and easy format to follow. Contractor shall always keep one (1) set of shop drawings marked with EOR's approval at the job site. 43. Product Data 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. Contractor shall supplement manufacturer's standard data to provide information unique to the Work. 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. Contractor shall submit a draft of all product data, warranty information, and operating and maintenance manuals at fifty percent (50%) completion of construction. 44. Sam, les Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be coordinated for different categories of interfacing Work. Contractor shall include identification on each sample and provide full information. 45. Record Set 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 CRA, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by 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. Contractor shall certify the accuracy of the updated record documents. As a condition precedent to CRA's obligation to pay Contractor, the Contractor shall provide, evidence, satisfactory to the CRA, that 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 CRA and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, the record documents shall be delivered to the CRA by the Contractor. The Record Set of drawing shall be submitted in both hard copy and as electronic plot files. 46. SuJ_lemental Drawings and Instructions The CRA shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. The CRA 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 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 Drawin s 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 CRA shall, after review of 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 CRA prior to resubmission to the permitting agency. Acceptance by the CRA and or County shall not relieve the Contractor from 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 Contractor to allow CRA and Consultant to determine that 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 CRA from anyone other than Contractor. If Contractor wishes to fumish or use a substitute item of material or equipment, Contractor shall make application to the CRA 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 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 CRA may require the Contractor to furnish at 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, 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. The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The CRA shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered, installed, or utilized without the CRA's and the Consultant's prior written acceptance which shall be evidenced by either a Change Order or an approved submittal. The CRA may require the Contractor to furnish at 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 CRA may require the Contractor to reimburse the CRA for the charges of the Consultant for evaluating the proposed substitute. 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. CRA Furnished Drawings The CRA, at its sole discretion, may fumish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the CRA 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 CRA 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 CRA and its hired Consultants 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 CRA prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. Contractor is responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed correctly and coordinated among the trades. 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 CRA will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the CRA'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. Ali costs for testing performed by the Contractor shall be at the Contractor's expense. The CRA 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 CRA for the cost of such tests and repair or replace said materials or products. In such instances, the CRA may deduct such cost from any payments pending to the Contractor. 52. Field Directives The CRA 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 CRA 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 CRA's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the CRA that the Contractor reserves the right to make a daim 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, CRA 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 CRA. 54. Continuing the Work Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with CRA, 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 CRA. 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, CRA 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 CRA, Contractor shall promptly proceed with the change in the Work involved and advise the CRA 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 lime. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond (if applicable) are increased so that each reflects the total Contract Price as increased. Under circumstances determined necessary by CRA, Change Orders may be issued unilaterally by City. The CRA reserves the right to order changes which may result in additions to or reductions from 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 CRA expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the CRA may direct, order, or require the Contractor to perform any Work including that which the 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 CRA 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 CRA to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the CRA 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 CRA shall initiate the Extra Work procedure by a notice to 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 lime. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the CRA 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 CRA 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 CRA 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 CRA 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 CRA 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 against 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 Contractor and Project Manager acknowledge, contains a component for overhead and profit. • Based on the "Cost of Work," determined as provided in this, plus a 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 Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the CRA, 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 employ of Contractor in the performance of the Work described in the Change Proposal Request under schedules of Job classifications agreed upon by the CRA. 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 CRA. 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 Contractor unless CRA deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to CRA. All trade discounts, rebates and refunds, and all retums from sale of surplus materials and equipment shall accrue to CRA and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by CRA 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 CRA, Contractor shall obtain competitive bids for the Change Order Work. Contractor and shall deliver such competitive bids to the CRA who will determine which blds 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 Contractor's cost of the Work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar 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 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 Contractor. ■ Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. • Deposits lost for causes other than 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 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 Contractor whether at the site or in its principal or a branch offioe, 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 Contractor's fee. • Expenses of Contractor's principal and branch offices other than Contractor's office at the site. • Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. • Cost of premiums for all Bonds and for all insurance whether or not 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 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. 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 CRA 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 involved 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, Contractor will submit in a form acceptable to the CRA 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, 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 Contractor and one (1) or more Subcontractors, and the change is an increase in the Contract Price, overhead and profit percentage for 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 or extenuating circumstances, the CRA 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 Project Manager, CRA and its Consultants for the project 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 mariner 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 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 Tabor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (Ili) 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. 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 CRA such documentation as the CRA 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 CRA, the Contractor shall produce for audit by the CRA 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 CRA. 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 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 CRA. 60. As -Built Drawings During the Work, Contractor shall maintain records of all deviations from the Drawings and Specifications as approved by the Project Manager and prepare two copies of As -Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the CRA and certify in writing that the As -Built Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth, and voltage in each conduit. Legibly mark to record actual construction: On -site structures and site Work as follows: • Depths of various elements of foundation in relation to finish first floor datum. • All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. • Changes in location: Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, dass, etc. • Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. • Field changes in dimensions and details. • Changes made by Project Manager or Consultant's written instructions or by Change Order. • Details not on original Contract Drawings. • Equipment, conduit, and/or electrical panel locations. • Project Manager or Consultant's schedule changes according to Contractor's records and shop drawings. Specifications and Addenda Legibly mark each section to record: • Manufacturer, trade name, catalog number, and Supplier of each product and item of equipment actually installed. • Changes made by Project Manager or Consultant's written instructions or by Change Order. Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system, and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For construction of new building, or building additions, field improvements, and or roadway improvements as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. In addition, for Projects that involve roadwork and drainage, Contractor shall provide complete as -built information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; include locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust blocks, benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted (signed and sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work. All recorded information on existing utility crossing encountered during construction, included but not limited to pipes, inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on the record drawings. The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleaned drainage system openings (i.e., catch basins, inlets, manholes, etc.) 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 CRA 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 CRA 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 CRA shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by CRA. 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 Lists and Final Com lotion The Work shall be substantially complete when the CRA, 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 CRA 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 CRA inspect 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 jurisdicttion over the Work. The CRA shall schedule the date, time for any inspection, and notify the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Fomi 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 CRA and the Contractor, confirming that the Punch Ust 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 CRA. Where the Punch List is limited to minor omissions and defects, the CRA shall indicate that the Work is substantially complete subject to completion of the Punch Ust. Where the CRA determines, on the appropriate form that the Work is not substantially complete, the CRA 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 CRA and the Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch Ust. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the CRA shall notify the Contractor in writing of the closeout of the Project. The CRA will prepare a Certificate of Substantial Completion in the form that shall establish the Date of Substantial Completion. Once substantial completion is achieved, the CRA 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 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 Contractor that the Work is ready for final inspection and acceptance, the CRA shall, within ten (10) calendar days, make an inspection thereof. If the CRA 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 CRA. 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, Contractor shall deliver to the CRA 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. Contractor shall deliver the written Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate for Payment. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and the Project Manager so certifies, CRA 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 Contractor, except those previously made in strict accordance with the provisions of the Contract and identified by Contractor as unsettled at the time of the application for final payment. 65. NPDES Requirements 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). Ali costs for NPDES and SWPPP shall be included in the bid prices. For further information on compliance requirements for NPDES and SWPPP contact the CRA of Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at http;!/www.dec.state.fl.us/water/stormwaterinades/. Contractor is responsible for obtaining, completing, and paying for any required NPDES application or permits that may be required. 66. Force Maieure Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is Interpreted under Florida law, and then the CRA 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 Doc unents due to a force majeure condign, the Contractor shall request a One extension from the CRA within two (2) business days of said force majeure occurrence. Any time extenslon 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. 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 (NTP) by the neglect or failure of the CRA or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the CRA 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 wits 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 CRA reserves the right to rescind or shorten any extension previously granted if subsequently, the CRA 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 fads, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the CRA 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 decay and its effect on the completion of that part of the Work identified in the request. The CRA may require the Contractor to fumish such additional information 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 derision. With regard to an injunction, strike, or interference of public origin, which may delay .the Project, the Contractor shall promptly give the CRA a copy of the Injunction or other orders and copies of the papers upon which the same shall have been granted. The CRA 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 CRA 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 CRA's rights under the Contract, indudiilg but not limited to the assessment of liquidated damages or declaring 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 Contractor to the CRA 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 CRA allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement 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 CRA in accordance with Article 70, "No Damages for Delay," if CRA and 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 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 CRA, 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 Dela No claim for damages or any claim, other than for an extension of time, shall be made or asserted against CRA by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract price or payment or compensation of any kind from CRA 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, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of CRA. Otherwise, Contractor shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such 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 CRA 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. Contractor shall not receive monetary compensation for CRA delay. Time extensions may be authorized, in writing, by the CRA in certain situations. 71. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors, suppliers and vendors, agents, and representatives, and is also caused by circumstances beyond the control of the CRA or Consultant, or (ii) is caused jointly or concurrently by Contractor or its Subcontractors, suppliers or vendors or agents and representatives and by the CRA or Consultant. Then Contractor shall be entitled only to a time extension and no compensation for the delay. Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 68, 'Notification of Claim," hereof. Failure of 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 CRA, 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 CRA, 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 CRA, CRA 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 CRA 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, CRA 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 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 CRA, shall promptly correct such defective or nonconforming Work within the time specified by CRA without cost to CRA, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation that 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 CRA to final acceptance. 74. Acceptance of Defective or Non-Conformin Work The CRA, 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 CRA by the Contractor. 75. Uncovering Finished Work The Project Manager's, Inspector's, 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 CRA 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 CRA for any and all expenses or costs incurred by it, including employee salaries or related cost, 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 cost of correcting such rejected Work, including the cost of the CRA'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 CRA, and in the event of failure to so comply, the Contractor does hereby authorize the CRA to proceed to have such Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The CRA shall be entitled to all costs, including reasonable attomeys' 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 CRA 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 CRA to do so. The CRA 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 CRA. 77. Maintenance of Traffic and Public Streets Sco,)e 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 Price submitted to the CRA. Re 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 goveming 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 CRA, 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 wam 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 CRA 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. 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 B ass Pum in 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 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, CRA 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 plan 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 by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for 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 CRA 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. Sto Work Order The CRA 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 CRA shall either. • 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 CRA, the Contractor may have been delayed by such suspension. In the event the CRA determines that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor, or any other reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension of time 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 CRA, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CRA 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 CRA 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 Corn feted Portions CRA 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, Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by the CRA. In the event CRA takes possession of any completed or partially completed portions of the Project, the following shall occur: • CRA shall give notice to Contractor In writing at least thirty (30) calendar days prior to CRA's intended occupancy of a designated area. • 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 CRA. • Upon the CRA's issuance of a Certificate of Substantial Completion, CRA will assume full responsibility for maintenance, utilities, subsequent damages of CRA and public, adjustment of Insurance coverage, and start of warranty for the occupied area. • Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by the CRA 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, CRA shall issue a Certificate of Final Payment relative to the occupied area. • If CRA 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 CRA and 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 use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 82. Cleaning Up: CRA's Rit;ht to Clean Up 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, 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 Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, CRA may do so, and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, CRA may clean up and charge the cost thereof to the contractors responsible therefore as the CRA 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, Contractor, if notified to do so by the CRA, shall promptly remove any part or all of Contractor's equipment and supplies from the property of CRA. If the Contractor does not comply with CRA's order, the CRA shall have the right to remove such equipment and supplies at the expense of Contractor. 84. Set -offs, Withholdings, and Deductions The CRA may set-off, deduct, or withhold from any payment due 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 CRA. The CRA 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, any 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 CRA where required by the Contract; • The Contractor has failed in the representation of any warranties stated herein; • 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 breathed a material term or provision of the Contractor Documents and has not timely cured the breach; • When, in the opinion of the CRA, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Work, the CRA shall notify the Contractor in writing that it must, within the time frame set forth in the CRA's request, provide adequate assurances and a plan of action to the CRA, 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 CRA the requested assurances within the prescribed time frame, the CRA 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 CRA may, at its sole discretion, terminate the Contract for default, the CRA or its designated representatives may immediately take possession of all applicable documentation and data. • Where the CRA erroneously terminates the Contract or 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 CRA determines that the Contractor is in default of their obligations under the Contract, the CRA 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 CRA may be terminated. The CRA should issue such Notification; however, the CRA is under no obligation to issue such notification in the event the CRA lacks actual knowledge of the default. The CRA may grant an extension to the cure period if the CRA deems it appropriate and in the best interest of the CRA, without waiver of any of the CRA's rights hereunder. The CRA, 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 the Contractor under any Contract with the CRA. 87. Termination for Default If 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 CRA, the Director in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid by the CRA to Contractor while Contractor was in default shall be immediately returned to the CRA. 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. Contractor understands and agrees that termination of this Contract under this Article shall not release 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: • Contractor fails to obtain the insurance or bonding herein required by the Contract. • 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. ■ 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 CRA has satisfied its obligations under the Contract Documents the CRA is granted by the Contractor full use of the Work and any Work Product in connection with the CRA'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 CRA 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 CRA) from the Work site. The CRA 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 CRA 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 CRA 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 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 CRA's materials and property; • Cancel all cancelable orders for materials and equipment; • Assign to the CRA 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 CRA under the Contract Documents; and • Take reasonable measures to mitigate the CRA'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 tumed over to" the CRA. Failure to deliver the documentation timely shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the CRA. In the event that the CRA exercises its right to terminate the Contract pursuant to the Contract Documents, the CRA 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 CRA 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 CRA arising out of the termination. Further, the CRA may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. • 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 CRA's payment in full of the amounts due the Contractor under this Article the Contractor grants the CRA full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Dis utes Contractor understands and agrees that all disputes between the Contractor and the CRA based upon an alleged violation of the terms of this Agreement by the CRA 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 CRA 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 CRA, as identified in Section 2, Article 4, "Notices." Upon receipt of said notification, the Assistant Director of the CRA shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director fail to resolve the dispute, the Contractor shall submit their dispute in writing within five (5) calendar days to the Executive Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification, the Executive Director or his designee shall review the issues relative to the claim or dispute and issue a written finding. Contractor must submit any further appeal in writing within five (5) calendar days to the Executive Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the Executive Director for the resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed one hundred thousand dollars ($100,000), the Executive Director's decision shall be approved or disapproved by the CRA Board. Contractor shall not be entitled to seek judicial relief unless: • It has first received Executive Director's written decision, approved by the CRA Board if applicable; or • A period of sixty (60) calendar days has expired after submitting to the Executive Director a detailed statement of the dispute, accompanied by all supporting documentation, or a period of ninety (90) calendar days has expired where Executive Director's decision is subject to CRA Board for approval; or • CRA has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the Executive Director. 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 Florida law, if said party falls to comply in strict accordance with the requirements of this Article 91. Mediation -Waiver of Jur\ 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 such similar Contract provisions with all Sub -Contractors retained for the Work, thereby providing for non- binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this 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 CRA pursuant the Contractor's duty to indemnify, hold harmless and defend the CRA pursuant to Section 2, Article 6, "Indemnification." 92. CRA May Avail itself of All Remedies The CRA 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 CRA. 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 CRA'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 CRA, 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 Contractor pursuant to the Contract Documents shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. Contractor shall pay impact or similar fees levied by the CRA and/Or Miami -Dade County. 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 CRA through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity. Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall include profit or overhead of 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 CRA and 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 CRA. The attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes of Miami -Dade County and the CRA of Miami, Florida, governing the qualifications for Contractor and Subcontractor doing business anywhere in the GRA. 95. lnde':endent 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 CRA for any right or privilege applicable to an officer or employee of the CRA, 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 CRA, 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 CRA 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 CRA and the City of Miami against any such liabilities, even if they arise from actions directed or taken by the CRA. 96. Third Party Beneficiaries Neither Contractor nor CRA intends to benefit a third party directly or substantially by 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 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 CRA 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 CRA. 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 CRA approval. Any transference without CRA approval shall be cause for the CRA to terminate this Contract. Any assignment without the CRA's consent shall be null and void. The Contractor shall have no recourse from such cancellation. The CRA 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 CRA Attomey as a condition precedent to considering approval of an assignment. The Contractor and the CRA each binds 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 CRA and 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. CRA'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: Attorn'_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 attomey'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 Executive Director, Director, or designee. 102. Entire Agreement The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the CRA 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. Nondiscrimination. E-ual Em to ment 0. ortuni and Americans with Disabilities Act 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. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CRA, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. 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, 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 Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any other time deemed appropriate by the CRA, a performance evaluation report will be completed by the CRA. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept in CRA 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 Re uirements Intentionally Deleted. 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 CRA and the involved Contractor, continue until completion at the same prices, terms, and conditions. 109. Review of Records CRA shaft have the right to inspect and copy, at CRA's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to a Project and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shah 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, shah be kept in accordance with such statute. Otherwise, Contractor shall retain and make available to CRA all such books and records and accounts, tinandal or otherwise, which relate to the Project and to any claim for a period of five (5) years following Final Completion of the Project. Contractor shall additionally comply with Section 119.0701. Florida Statutes, khcluding without limitation: (1) Keep and maintain public records required by the CRA to perform the service; (2) upon request from the CRA'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 c hepter 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 CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA 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 CRA, upon request from the CRA's custodian of public records, in a format that Is compatible with the information technology systems of the CRA. 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. Contractors shall develop the proper forms and reports acceptable to the CRA 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;r MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9-DI FL, MIAMI, FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITYOF MIAMI DEPARTMENT THAT IS ADMINISTERING THIS CONTRACT. 110. No interest Any monies not paid by CRA 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 such relates to the payment of interest, shall apply to valid and proper invoices. 111. Pavments Related to Guaranteed Obligations The CRA 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 CRA may deduct from any payment due 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 CRA 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 CRA Required for Subiettin;: or Assic: nment 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 CRA, 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. A. reement Limitin, lime In Which to Brim:. Action against the CRA In the event the Contractor may be deemed to have a cause of action against the CRA, no action shall lie or be maintained by the Contractor against the CRA upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the CRA 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 CRA. In the event this Artiste 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 CRA, after additional compensation is mutually agreed upon, any and all assistance which the CRA may require of the Contractor. Additional compensation will only be fumished 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 attomey's fees and costs incurred in defense of the Contractor and of the CRA. 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 Obli -ations 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 CRA may, at its expense, elect to participate in the defense of the claim if the CRA should so choose. Furthermore, the CRA 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 CRA 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 CRA will notify the Contractors in writing of such extensions. 118. Non -Exclusivity It is the intent of the CRA to enter into a Contract with all successful Contractors that will satisfy its needs as described herein. However, the CRA 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 CRA 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 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 CRA 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 Fundinc if a licable If State funds are being used by the CRA to pay for this work, the CRA 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. END OF SECTION SECTION 3 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. Contractor shall have three hundred ninety (390) calendar days to achieve Substantial Completion from the date that the Notice to Proceed is issued. Contractor shall have an additional thirty (30) calendar days to achieve Final Completion of the Contract. 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 of Miami's Noise Ordinance, Sec 36-6 of the City Code, as amended. 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 Pao ments Mobilization Partial Payments: If the proposal 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. 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. 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 CRA'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 CRA. Each application for payment shall be submitted in triplicate for approval. CRA shall make payment to Contractor within thirty (30) calendar days after approval of Contractor's application for payment. Ten percent (10%) of all monies eamed by Contractor shall be retained by CRA until Final Acceptance by the CRA. Any interest earned on retainage shall accrue to the benefit of CRA. All requests for retainage reduction shall be in writing in a separate stand-alone document. CRA 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 Contractor or CRA because of Contractor's performance. • Failure of Contractor to make payments properly to Subcontractors or for material or labor. • Damage to another Contractor not remedied. • Liquidated damages and costs incurred by CRA and/or Consultant for extended construction administration. • Failure of 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 CRA 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 CRA. 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 CRA's title to such materials or equipment, or otherwise protect the CRA's interest, including applicable insurance in the name of CRA and transportation to the site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 3. Li uidated 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 CRA 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 CRA for each and every calendar day of unexcused delay, the sum of Three Thousand Seven Hundred and Eighty Six ($3,786) 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 CRA for each and every calendar day of unexcused delay, the additional sum of one thousand eight hundred ninety three dollars ($1,893) 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 CRA 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 CRA. In case the amount, which may become due hereunder, shall be less than the amount of liquidated damages due the CRA, the Contractor shall pay the difference upon demand by the CRA. Should the Contractor fail to compensate the CRA for any liquidated damages, the CRA shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other CRA Contract until such indebtedness is paid in full to the CRA. The CRA shall notify the Contractor in writing that it is incurring liquidated damages. Contractor shall be responsible for charges, expenses, losses, costs or liquidated damages only to the extent such damages are the direct result of Contractor's sole acts or omissions, and then only to the extent of payments made to Contractor by CRA or amounts actually incurred by CRA, whichever is less, and only if Contractor is given written notice of the intended assessment of such damages within five (5) days of the occurrence giving rise to such assessment. 4. Schedule of Values The Contractor must submit three 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. Contractor's overhead and profit should be as separate line items. Each Tine item shall be identified with the number and title of the major specification section or major components of the Items. The CRA may require further breakdown after review of the Contractor's submittal. The CRA reserves the right to require 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 CRA's Contractor Payment Application Form. 5. Project Schedules 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 CRA'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, Contractor shall submit a hard copy as well as an electronic version. Such electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated in to the CRA's baseline schedules. • Subsequent to review of the initial schedule submission, the Contractor shall establish the reviewed schedule as the "baseline schedule." 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 CRA 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 CRA may, in its sole discretion withhold payments for Work performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit 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 delay in payment or the CRA 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. Contractor must use CRA Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. 7. Progress MeetinLs The CRA may conduct a pre -construction conference prior to the commencement of the Work. Contractor shall hold progress and coordination meetings as required by the CRA, to provide for the timely completion of the Work. Contractor shall arrange and conduct regular biweekly job site Project status meetings with the CRA and or its Consultants. 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 dearly 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. 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. 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 CRA an updated two -week look -ahead 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, Contractor shall include its recommendation for resolution. The CRA 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 CRA which the CRA may choose to have present at the Project. Contractor's, Subcontractor's, supplier's, material persons personnel shall not use the CRA 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 fumish 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 disposed of and do not create a nuisance to the CRA or the public. The location of the temporary facilities shall be subject to the approval of the CRA. 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 CRA may authorize the use of existing utilities. Such decision will be made at the sole discretion of the CRA. The Contractor shall be required to obtain all necessary permits required for any Project site facilities. Contractor shall also be responsible to maintain 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. Inspection of Work - Intentionally Omitted 11. 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 CRA shalt not be liable for any damage or Toss 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. 12. Construction Si=:. na,. e Where required by the Contract Documents the Contractor shall provide construction signage. The CRA shall provide the Contractor the wording and layout for the signs at the pre -construction conference as needed and as applicable. The Contractor shall furnish the two CRA 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 CRA will provide the CRA Seal in decal form. • The Contractor shall also post appropriate construction site warning signs at the Work site. Such signs shall be posted to wam pedestrian and vehicle traffic. Signage shall also be placed waterside to alert boater to the construction zone, requiring idle speed and a minimum clearance distance. Contractor shall provide drawings for the signage, which shall be subject to approval by the Consultant. • The Project Manager and the CRA shall approve the locations for all signage. • Signage must be permitted and approved as required by CRA and County Sign Codes. 13. Construction Photographs Contractor shall submit with each application for payment photographs that accurately reflect the progress of the Work. 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. 14. CRA Furnished Property Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc., when directed to by the CRA and shall reinstall or provide to the CRA as directed. 15. Geotechnical Testing - Intentionally Omitted 16. Field La out of the Work and Record Drawings for Drainage Projects The Contractor, through the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.), shall establish the line and benchmarks and other reference points for the installation of the pipeline or structure if applicable. For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe unless in close proximity to other facilities), valves, tees, crosses and other stations not more than one hundred feet (100') apart along the proposed centerline of the pipe, or along a stationed offset line as shown on the Plans, marked by a nail in a metal cap if in pavement, with the station painted nearby or by a nail in the top of a wooden stake driven flush with the ground with the station marked on a flag stake nearby, if not in pavement. For structures, this will consist of base lines, stakes at comers, centers, and centerlines, auxiliary lines, and a benchmark from which to establish the elevations. The Contractor shall make his equipment and men available to the inspector for spot-checking the accuracy of the Work. The CRA shall require the Work to be brought within the tolerances specified elsewhere before backfllling is placed, or the construction is otherwise hidden. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipelines, conduits, structures, maintenance access structures, hand holes, fittings and other Work and shall prepare record or "as -built" drawings of the same which are signed and sealed by a State of Florida Registered Professional Surveyor and .Mapper (P.S.M.). Contractor shall deriver these records in good order to the CRA as the Work is completed. The Contractor shall supply the Consultant with a copy of the Registered Land Surveyor's layout of the Work immediately upon Its availability to his own forces. The cost of all such field layout and recording Work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to the CRA prior to, and as a condition of, final payment. During the entire construction operation, the Contractor shall retain the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records of the installation, including all deviations from the plans and specifications by obtaining "As -built" dimensions and elevations. The surveyor shall prepare record as -built drawings showing correctly and accurately all changes and deviations made during construction, including approved construction variances to reflect the Work as it was actually constructed. "As -Built" drawings shall be submitted to the CRA on a monthly basis. Recording of Project Record: • Record all information for pipeline Projects and on -site Projects concurrently with construction progress. • Do not conceal any Work until the Contractor and the CRA record as -built information. • All locations for future connections or tie-ins shall be left unburied and uncovered until the CRA's surveying forces obtain and record the as -built information. This is in addition to the Contractor's recorded information. • Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last complete length. inline valves and tees shall be left exposed for one (1) length on both sides plus the face end. Record the elevation, deviation from horizontal and vertical alignment and the inclination for these items. • Maintain records of all pipeline Project and on -site Project deviations from Drawings and Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.). • For Pipe Installation in All Pipeline Projects and On -site Projects: During entire construction operation retain the services of a State of Florida Registered Land Surveyor (FRLS) who shall maintain records of the installation, including all deviations from Drawings and Specifications. • FRLS shall record as -built dimensions and elevations every twenty-five feet (25') or portion thereof along pipeline and at every abrupt change in direction of the new line. • FRLS shall record locations and elevations for each valve, fitting, service line, fire hydrant, water sampling point, and also for above ground piping and other appurtenances along the pipeline. Specific locations and elevation of equipment, buildings, and miscellaneous items installed inside them shall be recorded as applicable. ▪ Contractor's FRLS shall prepare as -built record drawings showing correctly and accurately the installation, embracing all changes and deviations made during construction, including all approved construction variances, to reflect the Work as it was constructed. • Record Drawings shall be prepared on 4-mil Mylar as specified hereinafter. Record Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor and shall be submitted to the CRA for review within ten (10) calendar days following the completion date of successful pressure testing of all mains and appurtenances under the Contract Documents. • If the Consultant determines that the Drawings are not acceptable, they will be returned to the Contractor with a cover letter noting the deficiencies and/or reasons for the disapproval. Contractor shall have ten (10) calendar days to correct all exceptions taken by the CRA and resubmit as -built record drawings to the Consultant for final acceptance. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to CRA, Contractor's record drawings or as -built drawings acceptable to Project Manager. 17. Surve, Work for Drainage Protects 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 a packet of information, from the CRA, showing the format to be utilized. The Contractor is advised that the survey Work, including required final measurements, shall be according to CRA Standards and are an integral part of the Project. The Project shall not be considered complete until the final measurements are approved by the CRA. 18. E-Veri. - Mandato Use 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. 19. Cures Intentionally Deleted. 20. 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 an 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. END OF SECTION EXHIBIT - con EXHIBIT- Certifications The Contractor, by virtue of submitting a proposal, affirms that the Contractor is aware of the following, and shall comply with all the stated requirements. 1. Small Business Enterprise i"SBE"I Requirements Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331, codified as Section 18-89 of the City Code, pertaining to the implementation of a "Small Business Enterprise" requirement. Evaluation of Bidder's responsiveness to Ordinance Section 13331 shall be a consideration in the award of a Contract. 2. Non -Collusion Contractor certifies that the only persons interested in this contract are named herein; that no other person has any interest in this Contract to which this proposal pertains; that this proposal for emergency services 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. 3. 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 CRA 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: (i) 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). 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: g) a) No Federal appropriated funds have been paid, or will be pald, 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) This 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, "AII" 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). 5. 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 1,13 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; (3) Contractor does have a satisfactory record of integrity; (4) Contractor does possess qualified legal standing to Contract with the CRA; and (5) 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 CRA 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 the CRA from the Contractor or Offeror, within the past five (5) years, unless the full amount of such moneys due the CRA. 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 CRA or withdrawal by the CRA 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 to any of the statements in this certification, such Contractor shall submit an explanation to the CRA in writing. 6. Local Workforce Participation Requirements The Contractor certifies to the best of its knowledge and belief, that it and its principals: (a) Have read and understood the provisions of CRA of Miami Ordinance 13332, codified as Section 18-89 of the CRA Code pertaining to the Local Workforce Participation requirements on a quarterly basis; (b) Have identified in CRA Form Subcontractor Utilization (`SU°) a third -party independent who verifies and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the Contractor; and (c) The selected third party, who independently verifies compliance with this section, must have a minimum of two (2) years of experience as required in Ordinance No. 13332, codified as Section 18-89 of the CRA Code. g) SECTION 5 CONTRACT EXEC ON FORMS THIS Contract r ! A- made t ieleAday► of tart h tha year 2022 In Wis amount 01 4OO oUO,�•t_, o /it:anr between THE cMw Conn Redevelopment Agency, of the City of Went Florida, a Public scanty and body corporate created pin u. t to Section 103.856, Florida Statutes , ha Mafteroelled the "CRA,' and MASS CONSTRUCTION CORPORATION, hereinafter palled the 'CONTRACTOR" CONTRACT EXECUTION FORM IN WITNESS WHEREOF, the pArtiel have exeoutaid this Agrooment as of tf day and year first above mitten. WITNESS/ATTEST: MA 5 S CONSTRUCTION CORPORATION, a novicia Profit Corporetbn fhint Nam 711Ie Print Name. Mk ATTEST: CONTRACTOR Secretary (Affirm Consultant Seal, if available) ATTEST.' APPROVED AS TO INSURANCE REQUIREMENTS: Digitally signed by Gomez, Gomez, Frank Frank: 2022.03.18 0657:00 -04'00' Ann Merit Sharpe, Direr Rids Management Department (CORPORATE SEAL) APPROVED AS TO LEGAL FORM AND avbc_ clods City !► Matter ID: 21-162 D.J.G. EXHIBIT A CONSULTANT'S LETTER From: Douglas Wood <dwood@douglaswood.biz> Sent: Friday, April 2, 2021 4:10:27 PM To: Unsafestructures <unsafestructures@miamigov com>; Internet Building <Building@miamigov com> Cc Richard Heisenbottle <richard@rjha.net>; Balzebre, Anthony <ABalzebre@miamigovcom> Subject: Unsafe Structure - Immediate Attention - Citizens Bank -1367 North Miami Avenue Dear Building Official, We are the structural engineers for the above -referenced historical, restoration project for the Omni/Midtown CRA. The original design set of drawings was completed in 2019. We understand that there have been permitting delays, but that the CRA wishes to proceed with the project. Therefore, I visited the building this afternoon with one of my associates. Unfortunately, we found that in the past approximately two years, the deterioration of the structural systems has progressed considerably. Greater areas of the roof have collapsed, the northern area of the second floor wall on the east side of the building has rotated inward a few to several inches (and therefore, has disconnected from the front (north) wall, leaving it more unstable), a spalling lintel has loose pieces of concrete that will fall to the sidewalk (and some pieces already have fallen), and at least one (likely two) interior concrete column has collapsed (leaving the reinforcing bars buckled, the second -floor beams lowered, and the column tilted). Please see attached representative photographs. In our opinion, the current condition is unsafe and unstable. Therefore, we recommend that an appropriate area around the building be immediately blocked off and secured from entry by all people and traffic. Feel free to call me to discuss the situation. Sincerely, DOUGLAS WOOD ASSOCIATES, INC. Douglas Wood, P.E., SECB President 5040 N.W. 7th Street Suite 820 Miami, Florida 33126 Phone: (305) 461 - 3450 Ext. 300 hti:ps://www,douglastwodbiz/ EXHIBIT B INSURANCE REQUIREMENTS INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE MASS CONSTRUCTION I. 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 City of Miami listed as an Additional Insured OMNI CRA listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement Completed Operations extended for (3) years after project completion II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured OMNI CRA listed as an additional insured IIL Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation 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 W. Umbrella Policy (Excess Follow Form) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 5,000,000 Aggregate $ 5,000,000 City of Miami & OMNI CRA listed as an additional Insured. Coverage is excess follow form over all liability polices contained herein. V. Contractor's Professional Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 Retro Date Included VI. Payment and Performance Bond $TBD City & OMNI CRA listed as obligees VII. Builders' Risk Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $25000 All other Perils 5% maximum on Wind/Hail and Flood City of Miami & OMNI CRA listed as loss payees A. Coverage Extensions: As provided by carrier The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. AC RLI CERTIFICATE OF LIABILITY INSURANCE DATE ODIAN 1YYYY) 02/18/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. MS CERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN$URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the brans and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holier In lieu of such worse a). PRODUCER M� CT mom faun Brown 8 Brown of Florida, Inc. uPHONE v 1w. rasa: (�) �-� i ric,, ,. (386) 2222524 P.O. Box 2412 ADDR 68: Kettlyn.Sauttebbrown.corn Daytona Beach INSURED Mass Construction Corporation 1080 Brickef Ave. #1601 Miami FL 32115-2412 MSUILERiS) AFFORDING COVERAGE Baum A: American Builders Insurance Company NAIL e 11240 /m mER B Evanston insurance Company 35378 POURER C : Indian Harbor kreuranee Company INSURER D : Nona FL 33131 DaSVRERF: 36940 COVERAGES CERTIFICATE NUMBER: 21/22 +22123 PROF REVISION NUMBER:_ THIS ISM CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY Tt1 POLICES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDI71oNs OF SUCH POLICIES. CHANTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LYR TYPE OFRISURANCE NSO1wur POLICYNUUBER ., r:.'.. ....=wirer Lain it coustmenaL SEVERAL Makin CLASAS.t4 DE lE OCCUR A GENLAGGREGATE LIMIT APPLIES PEW POLICY [ LOC OTHER: AUTOMOBILE LIABIUTI ANY AUTO A OWNED AUTOSONLY X AUTOSHYNED ONLY B A C X UMSasLLALLIB EXCESS UAR SCHEDULED AUTOS AUTOS ONLY kOCCUR CLAIMS MADE DED RETENTION $ WORRIERS COMPENSATION AND EMPLOYERS' mature ANY PROPRIETOR/PARTNER/EXECUTIVE (H) EXCLUDED'? ldskos In Y Yoe, deacdbe wider DESCRIPTION OF OPERATIONS below PROFESSIONAL LIABILITY YIN N f A GLP031467000 03/28/2021 03/28/2022 GLP031467000 EACHoccuRRENCE LED IMP IMr ono parson) PERSONAL&ADM INJURY $ 1,000,000 S 300.000 e 5,000 1,000,000 GENERALAGGREOATE s 2,000,000 PRODUCTS - COMP/OP AGE S 2,000,000 04/12/2021 EZX33046775 03/28/2021 WCV031443300 PEC005144104 's T"—aedaw:t S 1,OOD,000 iLivwxY INJURY Myr memo) f S 03/28/2022 ROOtY 1IJURY iPw sadden* $ PFLO RYY DM/At.; 5 iPer welded EACH OCCURRENCE 03/28/2022 ABATE 03/28/2021 03128t2022 STATUTE ER E.L EACH ACCIDENT S $ 6,000,000 $ 5,000,000 S S 500,000 E.L DISEASE - EA EMPLOYEE $ 500.000 EJ . DISEASE - POLICY LIMIT EACH OCCURRENCE 02/16/2022 02/16/2023 AGGREGATE $ 500,000 1,000.000 1,000,000 DESCRIPTION OF OPERATIONS / LOCABONS1 VEHICLES (ACORD 101.Addblonal RamaHu Schedule, may Ito masohnd Ifmon spew Is Armand) Professional LlabRty Rehm Date: 02/16/2018 City of Miami and OMNI CRA are Adttitional Insureds with regards to the General Liability par form BIG GLECE 0413. The Excess Liability follows form. The General Liability is provided on a Primary & Noncontributory bests per form BIG GLECE 0413. A Waiver of Subrogation is in favor of City of Miami wI9n regards to the General Liability per form BIG GLECE 0413 and the Workers Compensation per form WC000313 4.84. Coverage is afforded for contingent and contractual lability and x c.u. (explosion, collapse, and underground) hazards. CERTIFICATE HOLDER Omni CRA 1401 N. Miami Ave. CANCELLATION Miami FL 33136 ACORD 25 (2016/03) SHOULD ANY OP THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and lop are registered marks of ACORD CERTIFICATE OF AUTHORITY (CORPORATION) STATE OF FLORIDA ) SS/EIN: 27-3057845 COUNTY OF MIAMI-DADE I HEREBY CERTIFY that a meeting of the principals of Mass Construction Corporation, a Florida Profit Corporation (the "Company"), whose mailing address is 1060 Brickell Ave, Suite 1601 Miami, FL 33131 organized and existing under the laws of the State of Florida held on , of t4,5 rch, 2022, the following resolution was duly passed and adopted: "RESOLVED, that, Zion Mass as CEO of Mass Construction Corporation, be and is hereby authorized to execute all contracts in connection with (1) that certain Emergency Procurement for Professional Services for Renovation of the Citizens Bank Building, made by the Omni Redevelopment District Community Redevelopment Agency ("CRA") to the Corporation and dated on or about the date hereof." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, the undersigned has hereunto set its hand as of the day and year first above written. By: Mass Construction Corporation a Profit Cora ra e: Zion Mass CEO Swom to and subscribed before me this `'"' day of )VtAr4n , 2022 by Zion Mass, as of Mass Construction Corporation, a Florida corporation, on behalf of said entity, who is ( X ) personally known to me or ( ) has produced the following identification ",,, FRANCES LLOP-NOY '-Notary Public -State of Florida • Commission # GG 905986 My Commission Expires August 21. 2023 (Printed, typed, or stamped commissioned Notary P 1blic — Stafe of Florida My commission expires it1'-1 1 2 • DIVISION OF CORPORATIONS DPM1011 Of Iuu! , rtrif• 1eoartment of State 1 Division of Corporations 1 Search Records 1 march by Entity Name Detail by Entity Name Florida Profit Corporation MASS CONSTRUCTION CORPORATION Filing Information Document Number P10000059175 FEIIEIN Number 27-3057845 Date Flied 07/19/2010 State FL Status ACTIVE Principal Address 1060 bricicell ave suite 1601 Miami, FL 33131 Changed: 11/06/2020 MalfingAddrass 1060 bridcell ave suite 1601 Miami, FL 33131 Changed: 11/06/2020 Eggjstered Anew Name $ Address MASS, ZION I 1060 bricicell ave suite 1601 Miami, FL 33131 Address Changed: 02/04/2021 Officer/Director Detail Name & Address Title CEO MASS, ZION 1060 bricicell ave suite 1601 Miami, FL 33131 Annual-Bew & Report Year 2020 2021 2022 Filed Date 04/02/2020 02/04/2021 01/30/2022 Document Images 01/30/2022 — ANNUAL REPORT 02/04/2021 —ANNUAL REPORT 04/02/2020 — ANNUAL REPORT p4121/2019 — ANNUAL F1EPORT p1/17/2018 — ANNUAL REPORT 02/13/2017 — ANNUAL REPORT 01 i25/2016 — ANNUAL JIEPORT 02/142015 — ANNUAL REPORT 03/01/2014 — ANNUAL REPORT Q1/26/2013 — ANNUAL REPORT Q1/17/2012 — ANNUAL REPORT 02/28/2011— ANNUAL REPORT 071122010 Domestic Profit View image in PDF format View image In PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View Image In PDF format View Image In PDF format Oa Miami FL OMNI CRA Resolution CRA-R-21-0031 OP7'E 30 1320219:D A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, CONFIRMING, AND APPROVING THE EXECUTIVE DIRECTOR'S WRITTEN FINDING OF AN EMERGENCY, ATTACHED AND INCORPORATED, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND WAIVING COMPETITIVE SEALED BIDDING PROCEDURES FOR THE SHORING OF THE CITIZENS BANK BUILDING LOCATED AT 1367 NORTH MIAMI AVENUE, MIAMI, FLORIDA AS AN EMERGENCY PROCUREMENT AS RECOMMENDED BY THE ENGINEERING REPORT ATTACHED AND INCORPORATED AS EXHIBIT "A"; RETROACTIVELY AUTHORIZING THE EXPENDITURE IN THE AMOUNT OF $5,800,000.00 AND THE SELECTION OF MASS CONSTRUCTION CORPORATION FOR SAID EMERGENCY. Information Department: Category: Attachments OMNI Community Redevelopment Agency Other Agenda Summary and Legislation 10649 Exhibit A 10649 Exhibit B 10649 Notice to the Public 10649 City of Miami Emergency Code Sec. 18-90 10649 Citizens Phase I Budget 10649 Citizens Phase II Budget Sponsors: Body/Legislation WHEREAS, the Omni Redevelopment District Community Redevelop Agency ("CRA") currently owns the Citizens Bank Building located at 1367 North Miami Avenue, Miami, Florida ("Bank Building") and is responsible for the renovation and rehabilitation of the historic property; and WHEREAS, the Bank Building was purchased by the CRA in 2017; and WHEREAS, the CRA has retained the services of R.J. Heisenbottie ("Architect") for architectural services of the Bank Building; and WHEREAS, the CRA has been awarded a Special Category Grant from the Honda Department of State in the amount of $500,000.00 for the restoration of the Bank Building; and; WHEREAS, the Architect notified the CRA that the facade and interior structure of the Bank Building is deteriorating rapidly due to water intrusion and spalling (collectively, "Damage"); and WHEREAS, the Bank Building is both historically designated and fronting on a public sidewalk; and WHEREAS, due to the significance of the Damage, the Architect and his subcontracted Engineer recommended that the CRA immediately support and brace the Bank Building in order to preserve the historical facade while protecting the public from any danger of collapse as outlined in Exhibit "A," attached and incorporated; and WHEREAS, it is a matter of public health and safety that the Bank Building is properly secured; and WHEREAS, the emergency nature of the rapid mobilization may result in necessitating subsequent changes in the budget for the renovation and rehabilitation of the Bank Building; and WHEREAS, the Executive Director, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), approved an emergency bid waiver to procure the services of a Mass Construction Corporation ("Mass"), a licensed general contractor meeting all insurance requirements to complete the emergency repair services as recommended by the Architect; and WHEREAS, the use of the emergency bid waiver pursuant to the City Code is justified as the Executive Director found that it was not practicable or advantageous to undergo the formal bidding for a licensed general contractor because the time duration involved in formal bidding would mean the Bank Building would present serious structural issues that pose a safety phazard to the general public and significant further deterioration of .� the Bank Building, all as detailed in Exhibit 3w, attached and incorporated; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, pursuant to Section 18-90 of the City Code, the Executive Director's emergency finding, attached and incorporated as Exhibit "B", is approved and confirmed, the requirements for competitive sealed bidding procedures are waived, and the emergency procurement of the services of Mass is approved as an emergency procurement in the amount of $5,800,000.00, plus a contingency of ten percent (10%) of the contract amount. Section 3. The Executive Director is authorized to negotiate and retroactively execute any and all agreements necessary, all in forms acceptable to the General Counsel, for the purposes stated herein. Section 4. The Executive Director is further authorized to negotiate any and all other necessary documents, all in forms acceptable to the General Counsel, for the purposes stated herein Section 5. This Resolution shall become effective immediately upon its adoption. Meeting History Sep 13, 2021 9:30 AM OMNI Community Redevelopment Regular Meeting Agency RESULT: ADOPTED [UNANIMOUS] MOVER: Joe Carollo, Vice Chair, District Three SECONDER: Jeffrey Watson, Board Member, District Five AYES: Ken Russell, Joe Carollo, Alex Diaz de la Portilla, Manolo Reyes, Jeffrey Watson EXHIBIT B Anti -Human Trafficking Affidavit Page7of8 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 OMNI CRA of Miami ("OMNI CRA") or one of its agencies, authorities, boards, trusts, or other OMNI CRA 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. f 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:S erti 401-170 Name: Z M *S5 Officer Title: Signature of Officer Office Address: 2 wZ-5 1 LJ '-1 Email Address: 2,i INl a owes, "t 34. LOW, Main Phone Number: SOS Sim 1 2.4 uv FEIN No. 29 364 lig 4G STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was swom to and subscribed before me by means of ci( physical presence or ❑ online notarization, this " day of J • 2Oi5 by 24o")1 MAS5 , as the authorized officer or representative for the nongovernmental entity. He/she is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) FRANCES CLOP-NOY MY COMMISSION 0 FIR 389638 EXPIRES: August 21, 202T Sign re of Person Takin Oath s� � 1 e (Printed, Typed, or Stamped Na a of Notary Public) My Commission Expires: $10,i I 2-029- Page 15 of 15 EXHIBIT C Authorizing Resolution CRA-R-24-001 6 Page8of8 OMNI Community Redevelopment Agency Legislation OMNI CRA Resolution: CRA-R-24-0016 OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 15538 Final Action Date:2/8/2024 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE CONSTRUCTION SERVICES CONTRACT ("CONTRACT") WITH MASS CONSTRUCTION CORPORATION ("MASS"), A FLORIDA PROFIT CORPORATION, FOR ADDITIONAL WORK CONCERNING HISTORIC CITIZENS BANK BUILDING, SOLICITED UNDER EMERGENCY PROCUREMENT CRA R- 21-0031, INCREASING THE EXISTING CONTRACT VALUE BY THREE HUNDRED NINETY-FIVE THOUSAND AND EIGHT HUNDRED SEVENTY FOUR DOLLARS AND SEVENTEEN CENTS ($395,874.17), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM SIX MILLION THREE HUNDRED EIGHTY THOUSAND ($6,380,000.00) TO SIX MILLION SEVEN HUNDRED SEVENTY-FIVE THOUSAND EIGHT HUNDRED SEVENTY DOLLARS AND SEVENTEEN CENTS ($6,775,874.17); ALLOCATING FUNDS FROM 10040.920501.670000.0000.00000, AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING CONTRACTS, AMENDMENTS, AND EXTENSIONS SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Section 18-90 of the City Code and Omni CRA Resolution CRA- R-21-0031, the Executive Director executed a Contract with Mass Construction Corp., (MASS) for the provision of Emergency Construction Services for the Shoring and Rehabilitation of the Historic Citizens Bank Building for six million three hundred eighty thousand ($6,380,000.00); and WHEREAS, the nature of the work and the emergency services at the time prompted the need to proceed with the shoring and rehabilitative construction of improvements at the property; and WHEREAS, it is in the best interest of the CRA to retain the services of MASS to finalize the construction of improvements and to install the additional perimeter wall to safeguard the property; and City of Miami Page 1 of 3 File ID: 15538 (Revision:) Printed On: 2/13/2024 File ID: 15538 Enactment Number: CRA-R-24-0016 WHEREAS, the current Compensation Limit is insufficient to address the costs associated with the construction of improvements; and WHEREAS, pursuant to Exhibit A, the justification memo outlines the increased additional cost; and WHEREAS, the proposed Amendment No. 1 to the Contract with MASS increases the existing capacity of the Contract by three hundred ninety-five thousand and eight hundred seventy-four and seventeen cents ($395,874.17), thereby increasing the total compensation limit from six million three hundred eighty thousand ($6,380,000.00) to six million seven hundred seventy-five thousand eight hundred seventy dollars and seventeen cents ($6,775,874.17); and WHEREAS, it is recommended and in the best interest of the CRA to increase the existing capacity of the Contract to accommodate said costs to secure the premises and complete the work; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Amendment No. 1 to the Contract with MASS for additional work concerning Historic Citizens Bank Building Improvements pursuant to Section 18-90 of the City Code and Omni CRA Resolution CRA-R-21-0031 , increasing the existing capacity of the contract by three hundred ninety-five thousand and eight hundred seventy-four dollars and seventeen cents ($395,874.17), thereby increasing the total compensation limit from six million three hundred eighty thousand ($6,380,000.00) to six million seven hundred seventy-five thousand eight hundred seventy-four Dollars and Seventeen Cents ($6,775,874.17), is authorized, all pursuant to Exhibit A. Section 3. The Executive Director is authorized to execute Amendment No. 1 to the Contract with MASS, in a form acceptable to the General Counsel, for said purposes. Section 4. Funding is allocated from the appropriate source of funding, subject to budgetary approval at the time of need. Section 5. The Executive Director is further authorized to negotiate and execute all other documents, including contracts, amendments, and extensions subject to allocations, appropriations and budgetary approvals having been previously made, and in compliance with all applicable provisions of the City Code, including, the City's Procurement Ordinance, Anti - deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the General Counsel, and in compliance with applicable regulations, as may be necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 3 File ID: 15538 (Revision:) Printed on: 2/13/2024 File ID: 15538 Enactment Number: CRA-R-24-0016 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity (tor ey 2/6/2024 City of Miami Page 3 of 3 File ID: 15538 (Revision:) Printed on: 2/13/2024 A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 05/10/2025 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown Insurance Services, Inc. P.O. Box 2412 Daytona Beach FL 32115-2412 CONTACT Ashley Ridenour NAME: PHONEN , Ext): (386) 243-3541 (AA/C, No): E-MAIL Ashley.Ridenour@bbrown.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC # INSURERA: Specialty Builders Insurance Company 16826 INSURED Mass Construction Corporation 2201 Tequesta Way Miami FL 33133 INSURER B : American Builders Insurance Company 11240 INSURER C : Nautilus Insurance Company 17370 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 24-25 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GLP 0344957 01 03/28/2025 03/28/2026 EACH OCCURRENCE 000 $ 1,000,DAMAGE CLAIMS -MADE X OCCUR TO RE PREMISES r ES (Ea occurence) $ 300,000 X XCU INCLUDED MED EXP (Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE XHIRED LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY �/ /• SCHEDULED AUTOS NON -OWNED AUTOS ONLY GLP 0344957 01 03/28/2025 03/28/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UMB 0370015 00 03/28/2025 03/28/2026 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N /A WCV 0314433 03 03/28/2025 03/28/2026 X PER STATUTE OTH ER E.L. EACH ACCIDENT 1 $ ,, E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Professional Liability CPP2042686-10 02/15/2025 02/15/2026 Each Occurrence Aggregate Limit of Liability $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami and OMNI CRA are Additional Insureds with regards to the General Liability per form BIG GLECE 0413. The General Liability is provided on a Primary & Noncontributory basis per form BIG GLECE 0413. A Waiver of Subrogation is in favor of City of Miami with regards to the General Liability per form BIG GLECE 0413 and the Workers Compensation per form WC000313 4-84. Coverage is afforded for contingent and contractual liability and x.c.u. (explosion, collapse, and underground) hazards. CERTIFICATE HOLDER CANCELLATION I CITY OF MIAMI 444 SW 2ND AVE. MIAMI FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE __ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 05/10/2025 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown Insurance Services, Inc. P.O. Box 2412 Daytona Beach FL 32115-2412 CONTACT Ashley Ridenour NAME: PHONEN , Ext): (386) 243-3541 (AA/C, No): E-MAIL Ashley.Ridenour@bbrown.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC # INSURERA: Specialty Builders Insurance Company 16826 INSURED Mass Construction Corporation 2201 Tequesta Way Miami FL 33133 INSURER B : American Builders Insurance Company 11240 INSURER C : Nautilus Insurance Company 17370 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 24-25 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GLP 0344957 01 03/28/2025 03/28/2026 EACH OCCURRENCE 000 $ 1,000,DAMAGE CLAIMS -MADE X OCCUR TO RE PREMISES r ES (Ea occurence) $ 300,000 X XCU INCLUDED MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE XHIRED LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY �/ /• SCHEDULED AUTOS NON -OWNED AUTOS ONLY GLP 0344957 01 03/28/2025 03/28/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UMB 0370015 00 03/28/2025 03/28/2026 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N /A WCV 0314433 03 03/28/2025 03/28/2026 X PER STATUTE OTH ER E.L. EACH ACCIDENT 1 $ ,, E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Professional Liability CPP2042686-10 02/15/2025 02/15/2026 Each Occurrence Aggregate Limit of Liability $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami and OMNI CRA are Additional Insureds with regards to the General Liability per form BIG GLECE 0413. The General Liability is provided on a Primary & Noncontributory basis per form BIG GLECE 0413. A Waiver of Subrogation is in favor of City of Miami with regards to the General Liability per form BIG GLECE 0413 and the Workers Compensation per form WC000313 4-84. Coverage is afforded for contingent and contractual liability and x.c.u. (explosion, collapse, and underground) hazards. CERTIFICATE HOLDER CANCELLATION I OMNI CRA 1401 N. MIAMI AVE. MIAMI FL 33136 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE __ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Good afternoon, De Los Santos, Jesly Monday, December 8, 2025 12:53 PM Hannon, Todd Olivera, Rosemary; Ewan, Nicole; Suarez, Carlos I; Gibbs-Sorey, Domini; Garcia, Aida; Hamm, Jermaine FW: Completed: 24-654 Amendment No. 1 to Agreement - Mass Construction - Fully Executed 24-654 Amendment No. 1 to Agreement - Mass Construction - Fullly Executed.pdf Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Best regards, Omni CRA Jesly De Los Santos Executive Assistant Omni Community Redevelopment Agency 1401 N. Miami Avenue, 2nd Floor (305) 679-6856 jdelossantos@miamigov.com From: DocuSign NA3 System <dse_NA3@docusign.net> Sent: Saturday, December 6, 2025 9:52 AM To: De Los Santos, Jesly <JDeLosSantos@miamigov.com> Subject: Completed: Complete with Docusign: 24-654 Amendment No. 1 to Agreement - Mass Construction - Final.pdf CAUTION: This is an email from an external source. Do recognize the sender and know not click links or open attachments unless you the content is safe. i Jesly De De Los Santos jdelossantos©miamigov.com All parties have completed Complete with Docusign: 24-654 Amendment No. 1 to Agreement - Mass Construction - Final.pdf. Matter: 24-654 Amendment No. 1 to the Construction Services Agreement - Mass Construction Powered by iP docusign. Do Not Share This Email This email contains a secure link to Docusign. 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