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24392
AGREEMENT INFORMATION AGREEMENT NUMBER 24392 NAME/TYPE OF AGREEMENT TEAM CONTRACTING, INC. DESCRIPTION CONSTRUCTION CONTRACT/SHENANDOAH MINI -PARK RIGHT-OF-WAY IMPROVEMENTS RFQ 21-22-022/MATTER ID: 23-917 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 5/4/2023 DATE RECEIVED FROM ISSUING DEPT. 5/4/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement Dept DEPT. CONTACT PERSON: Max Sagesse/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Team Contracting, Inc. EXT. 1913 IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $1,087,634.03 FUNDING INVOLVED? ❑■ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑■ YES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Construction Contract - BidSafe/RFQ 21-22-022 PURPOSE OF ITEM (BRIEF SUMMARY) Execution of Construction Contract for Shenandoah Mini -Park Right -of -Way Improvements - Project B-203518 COMMISSION APPROVAL DATE: N/A FILE ID: N/A ENACTMENT NO.: N/A IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Contracts solicited in BidSafe through Sourcewell do not require Miami City Commission approval. ROUTING INFORMATION Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR Reviewed by FVP. OK to proceed. April 13, 2023 iirIPA re3$ ED7 �- DocuSigned by: ....4-A , �� � SUBMITTED TO RISK MANAGEMENT April 13, 2023' 4 Inrii/Nrg0-h`1r U d� �6 Fr 614,1 SUBMITTED TO CITY ATTORNEY Matter ID# 23-917 Pabl o R . Velez on behalf of (4/18/23) April 19, 2023 p Victi��ieerr—DocuSigned -h39✓e.6 1 1*1E-7 by: -}LL APPROVAL B4.00/40 B2035118 E EM 4/20/2023 April 20, 2023 Marie Gouin I 08: 27: 30 EDT \--F1EF90AF6FE0457... DocuSigned by: APPROVAL BY ASSISTANT CITY MANAGER A ri 1 28,2023 p Liar S i ED r OC�°R ����cbA49s_. APPROVAL BY DEPUTY CITY MANAGER April l 28,2023 p�7PA- Nzeribe lohe E � 7 Dl T. " auSigned by: 1r943'67TF E 09 ... RECEIVED BY CITY MANAGER May 3, 2023 I li Yr)}VlorLa V DocuSigned by: rr NovitiA, 850CF6C372DD42A... SUBMITTED TO AND ATTESTED BY CITY CLERK May4 2023 I rl rl H 1-M14:15 EDT f—DocuSigned by: `—E46D7560DCF1459_. 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 23092. DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 CONSTRUCTION CONTRACT OVERVIEW PSA TITLE: BidSafe/RFQ 21-22-022 Shenandoah Mini -Park Right -of -Way— Project B-203518 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ N/A City Manager - Delegated Authority/SourceWell Contract ❑ City Commission — RESOLUTION No. N/A 2. PROCUREMENT METHOD: ❑ RFP/Q ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ■ OTHER (Please explain): BidSafe 3. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC. N/A 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? 5. WHAT IS THE SCOPE OF SERVICES? The Shenandoah Mini -Park Right of Way Improvements Project is to furnish all materials, labor, and equipment necessary for the construction of roadway improvements such as reconstruction of the road, milling and resurfacing, drainage system installation, sidewalk replacement, repair and installation of driveway approaches, striping, signage, tree relocation and removal, ADA ramps, and turf installation. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of Capital Improvements 7. IS THE AWARDEE THE INCUMBENT? N/A 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? Project Specific DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 10. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Lowest responsive and responsible bidder DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 BIDSAFE/REQUEST FOR QUOTATION NO. 21-22-022 SHENANDOAH MINI -PARK RIGHT-OF-WAY IMPROVEMENTS ISSUE DATE SEPTEMBER 9, 2022 VIRTUAL NON -MANDATORY PRE -BID CONFERENCE SEPTEMBER 16, 2022 11:00 A.M. DEADLINE FOR SUBMISSION OF REQUESTS FOR INFORMATION SEPTEMBER 23, 2022 5:00 P.M. BID SUBMISSION DUE DATE ON EGORDIAN BID SAFE OCTOBER 10, 2022 4:00 P.M. NTE CONTACT: Anthony Rolle Sr. Procurement Contracting Officer Department of Procurement City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Phone: 305-416-1914 E-Mail: ARolle©miamigov.com DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 TABLE OF CONTENTS NOTICE TO CONTRACTORS DEFINITIONS SECTION 1 - INSTRUCTIONS FOR SUBMISSION 1. Intention of City 2. Scope of Work 3. Location of the Project 4. Performance of the Work 5. Examination of Contract Documents and Site 6. Addenda 7. Bid Submission 8. Bid Guaranty 9. Preparation of Bid 10. Pre -Bid Conference 11. Postponement of Bid Opening Date 12. Acceptance or Rejection of Bids 13. Environmental Regulations 14. Bid Award 15. Bid Protest 16. Small Business Enterprise ("SBE") Participation NOT APPLICABLE 17. NOT APPLICABLE 18. Responsible Wages and Benefits NOT APPLICABLE 19. Cone of Silence 20. Public Entity Crime 21. Fraud and Misrepresentation 22. Collusion 23. Contractor in Arrears or Default 24. Cancellation of Bidsafe/ Request For Quotation SECTION 2 - BIDSAFE/REQUEST FOR QUOTATION GENERAL TERMS AND CONDITIONS 1. Time is of the Essence 2. Contract Term; Not to Exceed Cost 3. Not to Exceed Price 4. Notices 5. Priority of Provisions Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 6. Indemnification 7. Insurance 8. Performance and Payment Bond 9. Qualification of Surety 10. General Requirements 11. Method of Performing the Work 12. Work Staging and Phasing 13. Site Investigation and Representation 14. Contractor to Check Plans, Specifications, and Data 15. Contractor's Responsibility for Damages and Accidents 16. Accidents 17. Safety Precautions 18. Occupational Health and Safety 19. Labor and Materials 20. Rules, Regulations, Laws, and Licenses 21. Consultant Services 22. Project Management - Not Applicable 23. Superintendence and Supervision 24. Authority of the City's Project Manager 25. Inspection of Work 26. Taxes 27. Separate Contracts 28. Lands of Work 29. Coordination of Work 30. Differing Site Conditions 31. Existing Utilities 32. Contractor's Responsibility for Utility Properties and Service 33. Interfering Structures 34. Field Relocation 35. Contractor's Use of Project Site(s) 36. Warranty of Materials and Equipment 37. Material and Equipment Shipment, Handling, Storage and Protection 38. Manufacturer's Instructions 39. Manufacturer's Warranty 40. Reference Standards 41. Submittals Shenandoah Mini -Park Right of Way Improvements - B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 42. Shop Drawings 43. Product Data 44. Samples 45. Record Set 46. Supplemental Drawings and Instructions 47. Contractor Furnished Drawings 48. Substitutions 49. City Furnished Drawings 50. Interpretation of Drawings and Documents 51. Product and Material Testing 52. Field Directives 53. Changes in the Work or Contract Documents 54. Continuing the Work 55. Change Orders 56. Change Order Procedure 57. No Oral Changes 58. Value of Change Order Work 59. Extra Work Directive 60. As -Built Drawings 61. Worker's Identification 62. Removal of Unsatisfactory Personnel 63. Substantial Completion, Punch List, and Final Completion 64. Acceptance and Final Payment 65. NPDES Requirements 66. Force Majeure 67. Extension of Time 68. Notification of Claim 69. Extension of Time Not Cumulative 70. No Damages for Delay 71. Excusable Delay, Non-Compensable 72. Lines and Grades 73. Defective Work 74. Acceptance of Defective or Non -Conforming Work 75. Uncovering Finished Work 76. Correction of Work 77. Maintenance of Traffic and Public Streets Shenandoah Mini -Park Right of Way Improvements - B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 78. Location and Damage to Existing Facilities, Equipment, or Utilities 79. Stop Work Order 80. Hurricane Preparedness 81. Use of Completed Portions 82. Cleaning Up; City's Right to Clean Up 83. Removal of Equipment 84. Set -offs, Withholdings, and Deductions 85. Event of Default 86. Notice of Default -Opportunity to Cure 87. Termination for Default 88. Remedies in the Event of Termination for Default 89. Termination for Convenience 90. Resolution of Disputes 91. Mediation -Waiver of Jury Trial 92. City May Avail Itself of All Remedies 93. Permits, Licenses, and Impact Fees 94. Compliance with Applicable Laws 95. Independent Contractor 96. Third -Party Beneficiaries 97. Successors and Assigns 98. Materiality and Waiver of Breach 99. Severability 100. Applicable Law and Venue of Litigation; Attorney's Fees 101. Amendments 102. Entire Agreement 103. Non-discrimination, Equal Employment Opportunity, and Americans with Disabilities Act 104. Evaluation 105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County and the State of Florida 106. Buy America Requirements 107. Royalties and Patents 108. Continuation of the Work 109. Review of Records 110. No Interest 111. Payments Related to Guaranteed Obligations 112. Consent of City Required for Subletting or Assignment Shenandoah Mini -Park Right of Way Improvements - B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 113. Agreement Limiting Time in Which to Bring Action against the City 114. Defense of Claims 115. Contingency Clause 116. Mutual Obligations 117. Contract Extension 118. Non -Exclusivity 119. Nature of the Agreement 120. Contract Documents Contain All Terms 121. Survival 122. Disclosure of State Funding, if applicable 123. Projects Funded by Federal or State Funds SECTION 3 - SUPPLEMENTAL TERMS AND CONDITIONS 1. Contract Time and Hours 2. Progress Payments 3. Liquidated Damages 4. Schedule of Values 5. Project Schedules 6. Release of Liens/Subcontractor's Statement of Satisfaction 7. Progress Meetings 8. Request for Information 9. Project Site Facilities 10. Inspection of Work - Intentionally Omitted 11. Security 12. Construction Signage 13. Construction Photographs 14. City Furnished Property 15. Geotechnical Testing - Intentionally Omitted 16. Field Layout of the Work and Record Drawings for Drainage Projects 17. Survey Work for Drainage Projects 18. E-Verify - Mandatory Use 19. Cures 20. Counterparts; Electronic Signatures 21. Jessica Lunsford Act (JLA) Background Screening Requirements 22. Construction Contracts Funded With State -Appropriated Funds Shenandoah Mini -Park Right of Way Improvements - B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Cfr,ittir o NOTICE TO CONTRACTORS BIDSAFE/REQUEST FOR QUOTATION NO. 21-22-022 SHENANDOAH MINI -PARK RIGHT-OF-WAY IMPROVEMENTS Completed Bids must be submitted through BidSafe/Request for Quotation Electronic Bidding System ("BidSafe/Request for Quotation") by 4:00 p.m. on October 10, 2022 ("Bids Submission Due Date"). Any Bids received after the stipulated date and time will not be considered. Scope of Work: The Shenandoah Mini -Park Right of Way Improvements Project is to furnish all materials, labor and equipment necessary for the construction of roadway improvements such as reconstruction of the road, milling and resurfacing, drainage system installation, sidewalk replacement, repair and installation of driveway approaches, striping, signage, tree relocation and removal, ADA ramps, and turf installation. The full Scope of Work is detailed in the Project Plans and Documents. Minimum Requirements: Prospective Bidders shall, as of the Bid Due Date: A. Have a current Certified General Contractor ("CGC") license from the State of Florida AND have a minimum of ten (10) years' experience under its current business name; B. Have experience as the Prime Contractor for at least three (3) completed projects of similar scope and complexity as the Project within the last ten (10) years. The General Contractor must have a proven track record of coordination of the trades required for structural, mechanical, plumbing, and electrical work required for the construction. Submitted reference projects must be submitted utilizing Form ITB-GCR, provided, and must demonstrate that the General Contractor: i) was the Prime General Contractor for the project; and ii) self -performed at least thirty percent (30%) of the physical labor construction work for the project. The City reserves the right to request additional/supplemental information and/or contact listed individuals pertaining to Bidder's experience/minimum requirements. The Department of Procurement (Procurement) has scheduled a Voluntary Virtual Pre -Bid Conference, on September 16, 2022, at 11:00 a.m. EST, at the following licrosoft Teams Meeting link to discuss the terms and conditions of this BidSafe/Request for Quotation. Any Bidders not attending the Pre -Bid Conference will not be precluded from submitting a Bid. The City of Miami reserves the right to accept any Bids deemed to be in the best interest of the City, to waive any minor irregularities, scrivener's errors, omissions, and/or technicalities in any Bids, or to reject any or all Bids and to re -advertise for new Bids, in accordance with the applicable sections of the Florida Statutes, the City Charter and Code, and this BidSafe/Request for Quotation. All bids shall be submitted through the City's eGordian Bid Safe platform, and in accordance with Section 1, "Instructions for Submission," no later than the date and time indicated within the BidSafe/Request for Quotation, in order to be considered. Faxed documents, emailed submissions, and/or hardcopy submissions are not acceptable. Bids must be timely submitted through the City's eGordian BidSafe Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 platform, or the Bid will be disqualified. Untimely or misdelivered Bids will not be considered. NO EXCEPTIONS. PROPOSERS ARE ADVISED THAT PROPOSALS OR BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM SUBMISSION REQUIREMENTS OF A REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), INVITATION TO BID (BIDSAFE/ REQUEST FOR QUOTATION), INVITATION FOR BIDS (IFB), INVITATION TO QUOTE (ITQ), REQUESTS FOR LETTERS OF INTEREST (RFLI), AND REQUEST FOR SPONSORSHIPS (RFS) SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. ANY SOLICITATION ISSUED AFTER MAY 6, 2019, SHALL COMPLY WITH APM 2-19. APM 2-19 IS EXPRESSLY INCORPORATED BY REFERENCE AND MADE A PART OF THIS SOLICITATION AS IF SET FORTH IN FULL. ONLY MINOR IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES MAY BE ALLOWED TO BE TIMELY CURED BY PROPOSERS AT THE SOLE DISCRETION OF THE CITY. MATERIAL IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES CANNOT BE CURED BY THE PROPOSER/BIDDER, AND ARE NOT WAIVABLE BY THE CITY. BIDDERS ARE HEREBY ADVISED THAT THIS BIDSAFE/REQUEST FOR QUOTATION IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271, CODIFIED AS SECTION 18-74, CITY OF MIAMI CODE, AS AMENDED. Arthur Noriega V, City Manager Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 DEFINITIONS Architect of Record ("AOR") means a designation reserved, usually by law and regulations, for a person or organization professionally qualified and licensed in the State of Florida to perform architectural services. Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, establishing the significant qualities related to type, function, dimension, in- service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. Bid means the response submitted by a Bidder to this solicitation, which includes the price, authorized signature and all other information or documentation required by the Contract Documents at the time of submittal. Bidder means any individual, firm, incorporated, or unincorporated business entity, limited liability company, or corporation tendering a Submittal, acting directly or through a duly authorized representative. BidSafe/Request for Quotation means a biding feature by Sourcewell, which may issue a Request for Quotation (RFQ) to two or more Contractors for a Work Order. Selection of the Contractor and award of the Work Order will be in compliance with established Sourcewell procedures. BidSync means the City of Miami's eProcurement system, which provides web -based bidding services to the vendor community, to view and respond to solicitations. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Contract Documents. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, City's performance is pursuant to the City's capacity as Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City of Miami. City Manager means the duly appointed chief administrative officer of the City of Miami. Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the BidSafe/Request for Quotation Contract price or time. Construction Engineering Inspection ("CEI") means an individual or an organization (assigned by the Director of OCI) responsible in assisting the City's Project and Construction Managers in Contract administration, site inspections, material sampling and Project close-out. Construction Manager ("CM") means the individual or organization assigned by the Director of OCI whose duties include reviewing Project documents during the design phase and managing the construction phase that include, but not limited to, directing and coordinating construction activities associated with the Project. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for the Project; and if applicable, means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Project. Consultant may also be referred to as Architect or Engineer of Record. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Contract means the Invitation to Bid (BidSafe/Request for Quotation) solicitation and the bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City. Contract Documents means the Contract as may be amended from time to time, the plans and drawing, all addenda, clarifications, directives, change orders, payments and other such documents issued under or relating to the Project. Contractor means the person, firm, or corporation with whom the City has contracted, and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this Contract through the award of an BidSafe/Request for Quotation. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project site(s) disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of written Notice to Cure from the City identifying the deficiencies and the time to Cure. The Davis —Bacon Act is now codified as 40 U.S.C. 3141-3148. The Act covers four main areas of construction: residential, heavy, buildings, and highway. Within these areas are further classifications, including craft positions such as plumber, carpenter, cement mason/concrete finisher, electrician, insulator, laborer, lather, painter, power equipment operator, roofer, sheet metal worker, truck driver, and welder. An up -to date wage rate can be found at page 115 and on https://www.wdol.gov/dba.aspx. Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as Capital Improvements and Transportation Program ("CITP"). Design Documents means the construction plans and specifications included as part of a bid prepared by the Consultant for this Project under a separate Agreement with the City. Director means the Director of the Office of Capital Improvements or designee, who has the authority and responsibility for managing the Project under this Agreement. Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location and dimensions of the Work to be performed, including, without limitation, all notes, schedules and legends on such Drawings. Engineer of Record ("EOR") also referred to as Consultant, a designation reserved, by law, for a person or qualified engineering firm or organization qualified and licensed in the State of Florida to conduct professional engineering services. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the Consultant, which is minor in nature and should not involve additional cost. Final Completion means the date subsequent to the date of Substantial Completion at which time the Construction Manager has completed all the Work in accordance with the Agreement as certified by the Architect or Engineer of Record or the City and submitted all documentation required by the Contract Documents. Guaranteed Maximum Cost, aka Guaranteed Maximum Price means the sum established by these Contract Documents as the maximum cost to the City of performing the specified Work on the basis of the cost of labor and materials plus overhead expenses, reimbursable expenses, and profit. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished, and of the Work performed, by Contractor. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Local Workforce Participation Requirements mean the requirements set forth in § 18-89 of the City Code that (unless determined inapplicable or exempted by the City Manager pursuant to this Code Section) which Contractor must employ on -site labor from persons who reside within the City of Miami municipal boundaries (e.g., city 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 City, notifying the Contractor that they have been awarded the Contract. Notice to Proceed means a written letter or directive issued by the Director acknowledging that all precedent conditions have been met and directing that the Contractor may begin Work on the Project. Physical Construction Labor Work means the completed construction services required by the Contract Documents, completed through the use of the Contractor's own employees and excluding all materials, supplies, and equipment incorporated or to be incorporated in such construction. Plans and/or Drawings means the official graphic representations of a Project. Project or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the(its) obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project. Project Manager ("PM") means the City employee (assigned by the Director) to manage the Project that may include, but is not limited to coordination of design, procurement and construction activities; assigning management tasks to EOR, CM or CEI (hereby known as designee), establish lines of communication and responsibilities to ensure that the Project is completed in a timely manner. Qualifier means a person whose license is attached to the Contractor's company so that the Contractor is currently able to legally do Work in the State of Florida. The Qualifier is fully responsible for the quality of the Work that is performed by the Contractor. Request for Information ("RFI") means a request from the Bidder seeking an interpretation or clarification relative to the BidSafe/Request for Quotation. 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 Bidder interpretation or understanding of the document(s) in question, along with the reason for such understanding. Risk Administrator means the City's Risk Management Administrator also known as the Director of the Department of Risk Management, or the Director's authorized designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 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 furnishes Materials not so worked. Submittal means documents prepared and submitted by the Bidder. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the Agreement such that the City can use, occupy, and/or operate the facility in all respects to its intended purpose. Substantial Completion shall not be deemed to have occurred until any and all Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 SECTION 1 INSTRUCTIONS FOR SUBMISSION 1. Intention of City It is the intention of the City to describe in this Invitation to Bid ("BidSafe/Request for Quotation") the Project to be completed in accordance with all codes and regulations governing all the Work to be performed under this Project. Any Work, materials or equipment that may reasonably be inferred from the Contract as being required to produce the intended result, shall be supplied by Contractor whether or not specifically called for. Where words have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2. Scope of Work The Shenandoah Mini -Park Right of Way Improvements Project is to furnish all materials, labor and equipment necessary for the construction of roadway improvements such as reconstruction of the road, milling and resurfacing, drainage system installation, sidewalk replacement, repair and installation of driveway approaches, striping, signage, tree relocation and removal, ADA ramps, and turf installation. The full Scope of Work is detailed in the Project Plans and Documents. 3. Location of the Project The Project is located at the intersection of SW 19th Avenue and SW 12th Street, adjacent to South Shenandoah Mini -Park, located at 1197 SW 19th Avenue. 4. Performance of the Work Contractor shall self -perform (complete) at least thirty percent (30%) of all Physical Construction Labor Work for the negotiated construction cost of the entire Project utilizing its own employees. If the Work is phased, the thirty percent (30%) requirement shall apply jointly and severally to each and every phase of the Work. For the avoidance of doubt this means the thirty percent (30%) requirement shall apply to each and every phase of the Work. The City reserves its right to require documentary confirmation of this requirement. By submitting a bid, the Bidder certifies that it shall utilize its own employees to meet this requirement. As part of the bid, the Bidder must include, fill out, and submit the form titled/named "Questionnaire." Failure to complete and submit this form, or to meet this requirement, shall result in the bid being deemed non -responsive. Where the City determines that Contractor is deemed as not meeting this requirement during the performance of the Work, then the Contractor shall be in default of the Contract. For the avoidance of doubt, the self -performance requirement shall apply separately to each phase of the Work. 5. Examination of Contract Documents and Site It is the responsibility of each Bidder, before submitting a bid to this Invitation to Bid (BidSafe/Request for Quotation), to: a. Carefully review the BidSafe/Request for Quotation, including any addenda and notify the City of all conflicts, errors, or discrepancies, b. Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance, and furnishing of the Work, c. Take into account federal, state and local (City and Miami -Dade County including, without limitation the City Charter and Code, the City Procurement and Zoning Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Ordinances, and Florida Building Code) and any other applicable codes, laws, regulations, ordinances and rules that may affect a Bidder's ability to perform the Work, d. Study and carefully correlate Bidder's observations with the requirements of the BidSafe/Request for Quotation, and e. Sign and return all required BidSafe/Request for Quotation forms as applicable. The submission of a bid to this solicitation shall constitute an incontrovertible representation by Bidder that it shall comply with the requirements of the Contract Documents and that without exception, the response is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Addenda Only questions answered via written addenda issued by the City will be binding. Oral and other interpretations or clarifications will be without legal binding effect, and should not be relied upon in preparation of a bid response. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Department of Procurement (Procurement) in writing, to the attention of Anthony Rolle, Sr. Procurement Contracting Officer through the City's eGordian BidSafe platform. Interpretations or clarifications considered necessary by Procurement in response to such questions will be issued by the City by means of an Addendum. All Addenda will be posted on the City's eGordian BidSafe platform. Written questions must be submitted through eGordian BidSafe platform no later than 5:00 p.m. on September 23, 2022. Late questions will not be considered. 7. Bid Submission Bidders shall carefully follow the format and instructions outlined herein, observing format requirements where indicated. Bids should contain the information itemized herein, and in the order indicated, as applicable. Bids submitted without including the information itemized herein may be deemed non- responsive, and may not be considered for contract award. All bids shall be submitted through the City's Bid Safe platform, and in accordance with Section 1, "Instructions for Submission," no later than the date and time indicated within the BidSafe/Request for Quotation, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Bids must be timely submitted through BidSafe/ Request for Quotation, or the Bid will be disqualified. Untimely or misdelivered Bids will not be considered. NO EXCEPTIONS. 8. Bid Guaranty All bids shall be accompanied by either an original Bid Bond executed by a surety transacting business in Florida meeting the requirements of the City, or by cash, money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit by a bank transacting banking business in Florida, Bid Bond Voucher (for Projects totaling less than two hundred thousand dollars ($200,000) inclusive of all fees, costs, and expenses) issued to City of Miami by certified check, treasurer's check, or bank draft of any national or state bank (United States) (excluding personal checks), in the amount of five percent (5%) of the total bid amount (payable to City), and conditioned upon Contractor executing the Contract and providing the required Performance and Payment Bond and evidence of required insurance within fourteen (14) calendar days after notification of award of the Contract. In addition to its electronic form, any Bid Guaranty must be mailed in original form to the City of Miami Department of Procurement, 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130, to the attention of the Procurement Contracting Officer indicated herein, in a sealed envelope indicating the solicitation number and the Project Title. Personal checks will not be accepted. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 The time for execution of the Contract and provision of the Performance and Payment Bond and Certificate(s) of Insurance may be extended for a duration not exceeding thirty (30) calendar days at the City's sole and absolute discretion. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. Security of the Contractor shall be forfeited to the City as liquidated damages and not as a penalty, for the cost and expense incurred should said Contractor fail to execute the Contract and provide the required Performance Bond and Payment Bond. Any form of Bid Guaranty shall be in a form acceptable to the City's Risk Management Administrator and the City Attorney, as to legal form. 9. Preparation of Bid All bids shall be prepared utilizing the Bid Form provided herein and herewith. The bid must be signed and acknowledged by the Bidder, in accordance with the directions on the BidSafe/Request for Quotation. Failure to utilize the City's forms, or fully complete said forms, may result in the bid being deemed non- responsive. • The Bidder shall be considered non -responsive if its bid is conditioned on modifications, changes, or revisions to the terms and conditions of the BidSafe/Request for Quotation. • The bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead, and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. 10. Pre -Bid Conference The Department of Procurement (Procurement) has scheduled a Voluntary Virtual Pre -Bid Conference, on September 16, 2022, at 11:00 a.m. EST, at the following Microsoft Teams Meeting link to discuss the terms and conditions of this BidSafe/Request for Quotation. Any Proposers not attending the Pre -Bid Conference will not be precluded from submitting a bid. The City reserves the right to postpone the date for receipt and opening of bid submissions and will make a reasonable effort to give at least three (3) calendar days' notice, whenever practicable, of any such postponement to prospective Bidders. 11. Postponement of Bid Opening Date The City reserves the right to postpone the date for receipt and opening of bid submissions and will make a reasonable effort to give at least three (3) calendar days' notice, whenever practicable, of any such postponement to prospective Bidders. 12. Acceptance or Rejection of Bids The City reserves the right to reject any or all bids prior to award, to re -advertise for bids, and to not award any Contract, in the reasonable discretion of the City. The City reserves the right to waive any minor or non -material technicality, informality, variance, deviation, mistake, omission, or the like up to or prior to award of the Contract. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally, nor change the price before the expiration of one hundred eighty (180) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred eighty (180) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement prior to award of the Contract by the City Commission. 13. Environmental Regulations The City reserves the right to consider a Bidder's history of citations and/or violations of environmental or from reserves the right to declare a Bidder not responsible if the history of violations warrant such Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 determination in the opinion of the City. Bidder shall submit with its bid, a complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed an affirmation by the Bidder that there are no citations or violations. Bidders shall notify the City immediately of notice of any citation or violation, which Bidder may receive after the submittal opening date and during performance of the Work under this Contract. 14. Bid Award The City will issue the award of the Contract to the lowest responsive and responsible Bidder. Chosen contractor will be awarded a contract for BidSafe/Request for Quotation No. 21-22-022. The City may require demonstration of competency and, at its sole and absolute discretion, may conduct site visits, and require the Bidder to furnish documentation and/or require the Bidder to attend a meeting to determine the Bidder's qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, knowledge, and experience of the trade Work to be performed, the quantity of Work being performed, and past performance on City Projects by the Bidder. The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, at its sole discretion, may determine a Bidder to be non -responsible where the Bidder has failed to perform in accordance with other Contracts with the City, any City agency or instrumentality. Any Bidder who, at the time of submission is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state insolvency, or who is indebted to the City, and City agency or instrumentality, may be declared non- responsive. Any Bidder who may have filed a lawsuit against the City, or where the City has filed a lawsuit related to the Bidder and any City contract or won a court judgment against the Bidder, or if the Bidder is indebted to the City, or if the Bidder FAILS TO DISCLOSE ALL MATERIAL FACTS FULLY AND COMPLETELY OR TRUTHFULLY ANSWER QUESTIONS OR REQUESTS FOR INFORMATION, may be declared non- responsive. The word "City" shall include any City agency or instrumentality for the purposes of this solicitation. 15. Bid Protest Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a Contract may protest in writing to the Chief Procurement Officer, in accordance with the procedures contained in Section 18-104, City Code "Resolution of Protested Solicitations and Awards," as amended, of the City Code, Ordinance No. 12271 (the City of Miami Procurement Ordinance codified in Chapter 18, Article III, Section 18-104, City Code) describing the protest procedures. Protests failing to meet all the requirements for filing shall not be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS WILL BE MADE TO THIS REQUIREMENT. 16. Small Business Enterprise ("SBE") Participation NOT APPLICABLE The Contractor must comply with the following SBE participation requirements. All instructions, required on the OCI webpage. respondent or to a construction related enterprise currently certified by Miami Dade County as a Small Business Enterprise (SBE) as set forth in Section 10 33.01 and Section 10 33.02 of the Miami Dade County Code; Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 b. Five percent (5%) of the bid amount shall be retained by the City for the SBE requirements until said requirements are fulfilled and verified within six (6) months of the Contract completion date pursuant to Section 18 89 of the City Code. Failure to comply with the SBE requirements within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City. This five percent (5%) retainage is included within thc tcn percent (10%) retainagc normally withheld by the City; compliance with these requirements on a quarterly basis in accordance with Section 18 89 of the City Code. Said third party shall be unaffiliated with the respondent and be properly licensed inner the provisions of Sections- 71 73, er�81 of rides Statutes. The person cn�crc� crn� i v v i a i cry i v �--vr �p rr payroll, enforcement, or investigative environment. The cost for this verification shall be included in the related Contrast-eests. of certified SBE Contractors by trade: htt ://www.miamidade. ov/smallbusines€/certification lists.asL 17 Local Workforce Participation NOT APPLICABLE Contractor must employ the following minimum percentage requirements for on site labor from person County), for the duration of the Project: 1. Construction Contracts with a construction cost of up to two hundred fifty thousand dollar ($250,000) shall have no Local Workforce Participation requirement. 2 Constr fiction Contracts with a constr action cost of two hi indred fifty thousand dollar& ($250,000) or more, but less than five hundred thousand dollars ($500,000) shall have a 3. Construction Contracts with a construction cost of five hundred thousand dollars ($500,000) or more, but less than seven hundred fifty thousand dollars ($750,000) shall /1. Construction Contracts with a construction cost of seven hundred fifty thousand dollar& ($750,000) or more, but less than four million dollars ($/1,000,000) shall have a minimum 5. Construction Contracts with a construction cost of four million dollars ($/1,000,000) or morc on the construction Project's on site labor force. The County residency of the onsite labor component shall be subject to verification by the OCI. a. The Contractor shall strive to employ a minimum of fifty percent (50%) of thc within the City commission district where the Project is located. requirements until said requirements are fulfilled and verified by the City Manager, or authorized designee as bcing fulfilled within three (3) months of Contract completion. Failure to satisfactorily meet the requirements shall result in thc forfeiture of thc retained amount to the City, this five percent (5%) retainage is included within the ten Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 percent (10%) retainage normally withheld by the City and will comply with percentages specified in F.S. § 218.735. Workforce or a similar state chartered regional workforce development board acceptable to the City Manager. 1. For Contracts with a bid amount between one million dollars ($1,000,000) and two million dollars ($2,000,000), the Contractor shall be rcquircd to hold ono job fair within the local community. 2. For Contracts with a bid amount greater than two million dollars ($2,000,000), the Contractor shall be required to hold two job fairs within the local community. goal has been applied shall require the Contractor to develop and submit to the City, workforce plan (plan) outlining how the goal will be met, and containing the following information and elements required by this scction. The Contractor shall providc to thc City, proof of adherence to the City's Local Workforce Participation requirements within The Contractor's response must include: 1. Contract number, name, and a brief description of Work; 2. Total dollar value of the Contract; 3. Dates covering the term of the Contract; 4. Percent -age of Loccal rkforce Participation req cements met byte Contractor; 5. Breakdown of local workforce used to meet requirements (number of person broken down by trade and category); 6. If the Contractor was unable to meet the Local Workforce Participation reg iirementc explain Oho reason why and what efforts if any were i itilized by the Contractor to attempt to meet these requirements; 7. If the Project was over one million dollars ($1,000,000) did the Contractor hold a job fair, if ycs, providc thc date and location of the job fair(s), number of attendees; 8. Was a third party hired to verify and certify compliance with thc Local Workforcc Participation requirements, if yes, were all requirements met, what was the third party's name and provide their current contact information; 9. Was the five percent (5%) retainage fee released to the Contractor by the City upon Project completion; and 10. If the Contractor did not mcct the goala, d--wia-tractor seek ver t program requirements from any City official, and provide a detailed planation. to perform Work under the Contract currently on the Contractor's payr-e-I-G-F-19ocitions to be hired by the Contractor, who reside within Miami Dade County. An updated plan shall be submitted to the City's Project Manager on a monthly basis (no Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 replaced, the City may require the Contractor to immediately identify the replacement. c. The Contractor shall have a third party independently verify and certify compliance with these requirements on a quarterly basis. Said third party shall be unaffiliated with the Contractor and be properly licensed under the provisions of Florida Statutes, Chapters two (2) years of prior professional experience in Contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification and certification shall be included in thc related Contras sects. All references to statutes, codes, ordinances, and regulations rhrerein wil�lll �be—to hem as amended fr�romrr—t e—to time. here Local Workforce this section unless: 1. The City Manager or designee Director dccms thc requirements unf -iblc prior to issuance of the BidSafe/Request for Quotation document; 2. It is disallowed by federal or state law or grant requirements; 3Fu . ndmgsources reg uire-alternate, con for or—epecifi`�yexcicru e-or disallow I ocal Workforce Participation reguirementr and '1. These requirements are waived by the City Commission by resolution, prior to issuance of thc BidSafe/Request for Quotation document, upon written recommendation of the City Manager or designee. Bidders should refer to Section 18 89(f) of the City of Miami Procurement Codc for further clarification. This Please review City of Miami Ordinance No. 12271, § 2, 8 22 02; Ord. No. 1265/1, § 2, 2 10 05; Ord. No. 12780, § 2, 3 9 06; Ord. No. 13275, § 2, 7 1 /1 11; Ord. No. 13331, § 2, 7 26 12; Ord. No. 13332, § 2, 7 26 12; Ord. No. 13/193, § 2, 1 22 15 for a complete and thorough description of thc Local Workforcc copy of the same. 18. Recponcible Wac ec and Benofitc NOT APPLICABLE Pursuant to Section 18 120 of the City of Miami Procurcmcnt Codc, entitled "Rcsponsiblc Wage Construction Contrasts," the Contract to be executed for completion of this Project shall require the Prime Contractor and all of the Subcontractors to pay Miami Dade County Responsible Wages and Benefits to all laborers and mechanics assigned to the Project. Bidders shall incorporate into their bid the required Responsible Wages and Benefits for 2022 Highway Schedule, or whichever schedule is in effect as of January 1st of the year the work is performed: https://www.miamidade.gov/smallbusiness/responsible wages and benefits.asp. 19. Cone of Silence Pursuant to Section 18-74 of the City of Miami Procurement Code, a codification of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon this BidSafe/Request for Quotation after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal communications regarding this BidSafe/Request for Quotation. Any communication concerning this BidSafe/Request for Quotation must be submitted in writing to Procurement at ARolle@miamigov.com. Written communications may be in the form of e-mail or other written communication, with a copy delivered to the Office of the City Clerk at Clerks@miamigov.com. The delivery to the City Clerk of a copy is required to avoid any violation of the "Cone of Silence." Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 This language is only an overview of the requirements of the Cone of Silence. Please review Section 18- 74 of the City's Procurement Code for a complete and thorough description of the Cone of Silence. Bidders may also contact the Office of the City Clerk at (305) 250-5360, to obtain a copy. 20. Public Entity Crimes To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 21. Fraud and Misrepresentation Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City as a further sanction may terminate or cancel any other Contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation. 22. Collusion Where two (2) or more related parties, as defined herein, each submit a bid to a BidSafe/Request for Quotation, such submissions shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control, and management of such related parties in preparation and submission under such BidSafe/Request for Quotation. Related parties shall mean employees, officers or the principals thereof which have a direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Bidder have a direct or indirect ownership interest in another Bidder, for the same Project. Bids found to be collusive, or related as provided above, shall be rejected. 23. Contractor in Arrears or Default The Bidder represents and warrants that the Bidder is not in arrears to the City, City agency or instrumentality, and is not a default as a Contractor, Vendor, Provider or whose default has not been fully cured by the Bidder's surety or otherwise upon any obligation to the City. In addition, the Bidder warrants that the Bidder has not been declared "not responsible" or "disqualified" by, suspended, or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Bidder's responsibility or qualifications to receive public agreements. The Bidder considers this warrant as stated in this Article to be a continual obligation and shall inform the City of any change during the term of the Contract. The City shall not consider and shall deem as non -responsible, bids submitted by Bidders where the City has determined that the Bidder is in monetary arrears, or otherwise in debt or in default to the City, at the time and date bids are due. 24. Cancellation of BidSafe/Request for Quotation Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 The City reserves the right to cancel, in whole or in part, any BidSafe/Request for Quotation when it is in the best interest of the City. This determination will be at the discretion of the City and there will be no recourse from such cancellation. END OF SECTION Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 SECTION 2 BIDSAFE/REQUEST FOR QUOTATION 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 City. Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, "Excusable Delay, Non-Compensable," the Contractor understands that, except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the Contractor's control, the Work shall not excuse the Contractor from its obligation to achieve full completion of the Work within the Contract Documents Time, and shall not entitle the Contractor to an adjustment. All parties under the control or Contract with the Contractor shall include but are not limited to material persons and laborers. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working at the Project site(s) for the full duration of the Project to ensure the timely completion of the Work. 2. Contract Term; Not to Exceed Cost 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 City. The Contract shall terminate upon notice by the City that the Contract has been closed -out after final completion or otherwise terminated by the City pursuant to the terms and conditions herein set forth. The total bid amount shall be the Not to Exceed (NTE) of the Project, which means the maximum cost of the Work including labor, materials, equipment, supplies, overhead expenses, and profit. The City will not be liable for payment of any amount in excess of the NTE unless, the City Commission has approved a Project contingency or has approved a prior amendment to the Contract) setting forth an additional amount due to Owner requested changes or its equivalent. If the term Guaranteed Maximum Price ("GMP") is used in this Agreement, it shall have the same definition as GMC, defined above. 3. Not to Exceed Price Contractor represents, warrants and guarantees to the City 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. This Contract Price shall constitute an NTE offer to the Owner for performing the Work inclusive of labor, materials, equipment, supplies, and any allowable overhead and profit. The Owner shall (absent a prior Amendment with compelling cause approved as an Amendment to this Agreement) have no liability or obligation to pay any amount in excess of the stated Contract Price and Contractor shall have no recourse in that respect except to seek an Amendment to the Agreement. All costs in excess of the Contract Price shall be paid solely by Contractor without reimbursement or additional compensation from Owner. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 4. Notices Whenever either party desires to give written notice unto the other relating to the Contract, such must be addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice shall be deemed given on the date received or within three (3) calendar days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e- mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega, V, City Manager City of Miami 444 SW 2nd Avenue - 10th Floor Miami, FL 33130-1910 Email: ANoriega©miamigov.com Phone: 305-416-1025 Annie Perez, CPPO, Director/Chief Procurement Officer Department of Procurement City of Miami 444 SW 2nd Avenue - 6th Floor Miami, FL 33130-1910 Email: AnniePerez©miamigov.com Phone: 305-416-1910 Victoria Mendez, City Attorney City Attorney's Office City of Miami 444 SW 2nd Avenue - 9th Floor Miami, FL 33130-1910 Email: VMendez©miamigov.com Phone: 305-416-1832 With Copies to: Hector Badia, Interim Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue - 8th Floor Miami, FL 33130-1910 Email: HBadia@miamigov.com Phone: 305-416-1225 For Contractor: Rodolfo Ayan Vice President / Secretary Team Contracting, Inc. 13911 SW 42nd Street Miami, FL 33175 E-mail: ravan@team-contractinq.com Phone: 305-207-9799 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 During the Work, the Contractor shall maintain continuing communications with Consultant and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project at all times through ongoing communications with the Project Manager. The Contractor shall notify the Miami Police Department and Fire Department about the construction schedule(s). The Contractor is required to obtain a current list of contact persons and phone numbers from Lois Diane Waters, the City of Miami's Project Manager assigned to this Project, at (305) 416-1026, or via email at Iwaters@miamigov.com. The Contractor must notify residents living within five hundred (500) feet of the Project in writing as least one (1) week prior to commencing Work in the general area. A copy of such notices will be provided to the Project Manager. 5. Priority of Provisions All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract Documents and Specifications, the City of Miami's Standards for Design and Construction, Miami -Dade County's Standards Details, and the 2016 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction, as applicable. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract Documents, the priorities stated below shall govern: ■ Revisions to the Contract shall govern over the Contract; ■ The Contract Documents shall govern over the Contract; and ■ Addenda to a BidSafe/Request for Quotation shall govern over the BidSafe/Request for Quotation. In the event of conflicts within the Contract Documents, the priorities stated below shall govern: ■ Scope of Work and Specifications shall govern over plans and drawings; ■ Schedules, when identified as such shall govern over all other portions of the plans; ■ Specific notes shall govern 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, manufacturer'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 City, its officers, agents, directors, and/or employees, and any involved City agencies and instrumentalities, from all liabilities, damages, losses, judgements, expenses, fees, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of or breach of this Contract by Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory actions, administrative or regulatory Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 proceedings, or similar claims, liabilities, injuries or damages (including court costs and reasonable attorney's fees) arising or resulting from the permitted Work and/or failure to comply with applicable contractual duties of the Contractor or codes, laws, rules, licenses, permits, and regulations in performance of the work, unless it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such action, claim or demand, the Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, agencies, and instrumentalities as 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 City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Contractor, or persons employed, supervised, or utilized by 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 City in substantially the same language as this Section. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City, in no way, assumes, or shares any responsibility or liability of the Contractor or sub- Contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Contractor. 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 (or for such duration as is otherwise specified hereinafter), the insurance coverage's set forth herein. 7.1 Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsements Required City of Miami listed as additional insured Contingent Liability & Contractual Premises/Operations Liability Primary Insurance Clause Endorsement Completed Operations (3) Following Project $1,000,000 $2,000,000 $1,000,000 $1,000,000 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Explosion, Collapse and Underground Hazards 7.2 Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned, or Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000 B. Endorsements Required City of Miami listed as an additional insured 7.3 Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation 7.4 Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit 7.5 Umbrella Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $3,000,000 Aggregate $3,000,000 City of Miami listed as additional insured Excess Follow form over all liability policies contained herein 7.6 Payment and Performance Bond Full value of the project. City of Miami listed as Obligee. 7.7 Owners Contractors Protective (OCP) Limits of Liability Each Claim $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as a named insured The above policies shall provide the City of Miami with written notice of cancellation in accordance with 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 The City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. The above policies shall provide the City with written notice of cancellation or material change from the insurer not less than thirty (30) calendar days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) calendar days prior to the date of their expiration. Contractor shall furnish to Procurement the Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. The City shall be listed as an additional insured where applicable. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above to the Contractor: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) calendar day written notice to the Contractor in accordance with Section 2, General Terms and Conditions, Article 4, "Notices." Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the Contract value as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 8. Performance and Payment Bond Where required by the Contract Documents or by Florida Statutes, the Contractor shall, within fourteen (14) calendar days of being notified of award, furnish a Performance Bond and a Payment Bond ("Bond") containing all the provisions of the attached Performance/Payment forms. Each individual Bond shall be in the amount of one hundred percent (100%) of the Contract value at award, including any dedicated allowances and/or Owner's Contingency allowance, guaranteeing to City the completion and performance of the Work covered in the Contract Documents, as well as full payment of all suppliers, laborers, or Subcontractors employed pursuant to this Project. Each individual Bond shall be with a surety, which is qualified pursuant to Article 9, "Qualification of Surety." Each individual 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, including any dedicated allowances and/or Owner's Contingency allowance, or an additional bond shall be conditioned that Contractor will, upon notification by the City, correct any defective or faulty Work or materials which appear within one year after Final Completion of the Project. The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide the City with evidence of such recording. Each bond shall substantially conform to the requirements of Section 255.05, Florida Statutes, and will be in a form acceptable to the Risk Management Administrator. 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 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the prior approval of the City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by the City for one year after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance and 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. Performance and Payment Bonds shall be in the amount of one hundred percent (100%) of the Contract value at award, including any dedicated allowances and/or Owner's Contingency allowance, and shall be in substantially the form provided by Section 255.05, Florida Statutes. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 10. General Requirements The employee(s) of the Contractor shall be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor shall, at all times, employ, maintain and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor shall adjust staffing levels or to replace any staff if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff has the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character, and licenses as necessary to perform the Work, in a competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the City. Any such specific requirements will be included in the Technical Specification portion of the BidSafe/Request for Quotation. The Contractor shall, at all times, cooperate with the City and coordinate its respective Work efforts to progress the performance of the Work most effectively and efficiently. The City shall have full access to the Project site(s) at all times. The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. 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 City 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 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 meaning that only best practices are to prevail, and only materials and workmanship of the best quality are to be used in the performance of the Work. 11. Method of Performing the Work If the City reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the City, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the City, the City shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by a third -party Contractor and deduct such cost from any monies due the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by federal, state, or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the City. Contractor is responsible for controlling dust and preventing it from becoming a public nuisance or causing off -site damage. Contractor shall take all necessary and prudent measures to control dust. The Contractor shall furnish to the City a complete listing of twenty-four (24) hour telephone numbers at which responsible representatives of the Contractor and all of the Contractor's Subcontractors can be reached should the need arise at any time. 12. Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility. The way the Work is performed shall be subject to the approval of the City, who, if necessary, shall have the authority to require changes in the way the Work is performed. There shall be no obstruction of City services without the prior written approval of the City. All requests for such interruption or obstruction must be given in writing to the City at least twenty-four (24) hours in advance of the interruption of City operations. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the City. A staging plan must be submitted to and approved by the City prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. As noted above self -performance, 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 location(s) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory Work that may have been done by the City or included in this Contract Documents. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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 City provided reports the Contractor shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 14. Contractor to Check Plans, Specifications, and Data Contractor shall verify all dimensions, quantities and details shown on the plans, specifications, or other data received from the City as part of the Contract Documents, and shall notify the City of all errors, omissions, and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by the City. 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 City. 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 City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas: All lawn areas disturbed by construction shall be replaced with like kind to a condition similar or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same re -sodded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Any fence, or part thereof, that is damaged or removed during the course of the Work shall be replaced or repaired by the Contractor, and shall be left in as good of a condition as before the starting of the Work. Where fencing, walls, shrubbery, grass strips, or area must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of the Work, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 16. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project duration. The Contractor shall also comply with the Occupational Safety Health Act ("OSHA") requirements as defined in the United States Labor Code 29 Code of Federal Regulations ("CFR") 1926.50. In addition, the Contractor must report immediately to the City every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 17. Safety Precautions 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 Project site(s) and other persons who may be affected thereby; ■ All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site(s); and Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 ■ 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 City. 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 City has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected, or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders, and other legal requirements of public authorities (including OSHA, Environmental Protection Agency ("EPA"), Department of Environmental Resources Management ("DERM"), the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied, or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All 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 a Project, the Contractor must immediately notify the Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager. 18. Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code ("FAC") delivered as a result of a Project must be accompanied by a Material Safety Data Sheet ("MSDS"), which may be obtained from the manufacturer. The MSDS must include the following information: ■ The chemical name and the common name of the substance. ■ The hazards or other risks in the use of the substance, including: • The potential for fire, explosion, corrosion, and reaction; • 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 ■ 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 site(s) and shall not employ on the Project any unfit person or anyone not skilled in the Work to which they are assigned. 20. Rules, Regulations, Laws, and Licenses The Contractor shall comply with all laws, rules, regulations, permits, codes, public agency or similar required consents and approvals relative to the provision of services, equipment, supplies and/or materials specified in the Contract Documents, including without limitation those imposed by the federal, state, county or city agencies having jurisdiction over the matter. The Contractor, its agents, Subcontractors, and representatives shall be familiar with and comply with all federal, state, and local laws, rules, regulations, and approvals that may affect the Work, goods, and/or services offered. 21. Consultant Services The City, at its sole discretion, may hire a Consultant who shall serve as the City's Representative for the Project to be performed under the Contract Documents. The Contract Documents will state that a City's representative has been contracted with, for the management of the Work under the Contract Documents and who will be the lead point of contact, the Consultant, or the Project Manager. Where a Consultant has been identified, the Consultant and the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 24, "Authority of the Project Manager." On the basis of the on -site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the Contractor and will not show partiality to either. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance, such documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve Schedules of Values, Project Schedules, Subcontractors, and invoices. The City may contract for additional Consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional services and shall not be construed to supplant or alter the role and responsibilities of the Consultant. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as that of the terminated Consultant. 22. Project Management Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management shall include, but is not limited to obtaining bids from Subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all Subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given 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 as if 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 City immediately, in writing, and the City 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. All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 24. Authority of the City's Project Manager The Director hereby authorizes the City's Project Manager designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Contractor shall be bound by all determinations or orders of the Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing and shall be issued. All instructions to the Contractor shall be issued through the Director or Project Manager. The Project Manager shall have access to the Project site(s) at all times. The Contractor shall provide safe facilities for such access, so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager will make periodic visits to the Work site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager will not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Project Manager will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed, or completed. Neither the Project Manager's nor Consultant's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any Subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 25. Inspection of Work The Project Manager, Consultant, Construction Engineering Inspector (CEI), and other City representatives shall at all times have access to the Work during normal work hours, and 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 City, 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Unless otherwise provided, the Contractor shall arrange for such tests, inspections, and approvals with the City's testing laboratory or entity. The Contractor shall give the City and the Project Manager timely notice of when and where tests and inspections are to be made so that the City or Project Manager may be present for such procedures. Re-examination of any of the Work may be ordered by the City, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate Contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents, or to delay the Work by failure to inspect the materials and Work with reasonable promptness, without the written permission or instruction of the Project Manager. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by the Contractor to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this Contract. 26. Taxes 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 City will notify the Contractor of all ongoing Projects or Projects scheduled to commence during the Work that may require coordination. The Contractor shall be responsible for coordinating the Work with any other Project to minimize any potential adverse impact. 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 City any defects in such Work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's Work as fit and proper for the reception of 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 and 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 City 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 City for the use of Contractor. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City 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. Differing 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 City in writing of the existence of the aforesaid conditions. The City 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 City, 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 City shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the City 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 City as the date of substantial completion. 31. Existing 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 City 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 32. Contractor's Responsibility for Utility Properties and Service Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least forty-eight (48) hours in advance. Under no 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 City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the City. Replace, with material approved by the City, 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 City. Replace, with material approved by the City, 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 utility companies and take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground, including have the owner of the interfering structures place temporary supports. 34. Field Relocation During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such relocations shall be made only 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 City may make such field revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails to notify the Project Manager when an existing structure is encountered, and proceeds with the Work despite this interference, the Contractor does so at their own risk. 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor's use of the Project site(s) and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor, at his sole discretion, based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation. This is necessary, as the Project site(s) may remain in operation during the Work. ■ The Contractor shall: • Confine operations at the Project site(s) to the areas permitted by the Project Manager; not disturb portions of the Project site(s) beyond the specified areas; conform to Project site(s) rules and regulations affecting the Work. • Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees, and the public at all times; not use areas for parking and/or storage of materials except as authorized by the Project Manager. • Assume all responsibility for its tools, equipment, and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project site(s) shall be subject to the approval of the Project Manager. 36. Warranty of Materials and Equipment Contractor warrants to City that all materials and equipment furnished under the Contract Documents will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents and Contract/Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the City, 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 City. Generally, machined and unpainted parts subject to damage by the elements shall be protected with an application of a strippable protective coating, or other approved protective method. Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, and storage. The outside of the package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the recommended requirements for storage prior to installation. Packaging and Delivery of Spare Parts and Special Tools: Properly mark 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. Shipment: 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 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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 City -Supplied materials and equipment shall be included in the prices bid and no extra compensation will be allowed. Inspection: Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. City supplied equipment and material shall be inspected and inventoried together with City's Inspector. Should there appear to be any shortage or damage, the City shall be immediately notified; and the Contractor shall be fully responsible for informing the manufacturers and the transportation company of the extent of the shortage or damage. If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary measures to expedite the replacement or supply the missing parts. Handling: Equipment and materials received for installation on the Project shall be handled in accordance with the manufacturer's recommendations, and in a manner that will prevent damage. Storage: Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as 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 City accepts the equipment for full-time operation. Salvage Equipment: Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor at his own expense, where directed by the City, and shall remain the property of the City. All other material shall be disposed of by the Contractor at his own expense. 38. Manufacturer's Instructions The Contractor shall: ■ Comply with manufacturer's requirements for the handling, delivery, and storage of all materials. Where required by the Contract Documents, 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 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. ■ Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. ■ Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. ■ Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. ■ When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and installation, quality of workmanship, and applications. Manufacturer's representative shall provide the Contractor and the City a written report of field observations. 39. Manufacturer's Warranty Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract Documents. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon Final Acceptance of the Project. 40. Reference Standards Reference to the standards of any technical society, organization, or body shall be construed to mean the latest standard adopted and published at the date of request for qualifications, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern unless otherwise stated. 41. Submittals 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 City. Contractor by approving and submitting any submittals, represents that they have verified the accuracy of the submittals, and they have verified all of the submittal information and documentation with the requirements of the Contract Documents. At time of submission, the Contractor shall advise the City in writing of any deviations from the Contract Documents. Failure of the Contractor to advise the City 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 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 ■ 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. City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the City has returned approved submittals to the Contractor. The City shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the City. The City's review shall only be for conformance with design concepts and the information provided in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in which the item functions. The City shall return the shop drawings to the Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor of any responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has given written notice to the City of the specific deviations and the Consultant have issued written approval of such deviations. By approving and submitting shop drawings, Product Data and Samples, the Contractor represents that all materials, field measurements and field construction criteria related thereto have been verified, checked and coordinated with the requirements of the Work and have been verified, checked and coordinated with this Contract Documents. Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the EOR's stamp of approval. Distribution shall include, but not be limited to; job site file, record documents file, Subcontractor, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by the required governing authorities. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the City's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop drawings or portion of a shop drawing that alters, modifies, or adds to the requirements of the Contract Documents. Nothing in the City's review of shop drawings, Submittals and Samples shall be construed as authorizing additional Work or increased cost to the City. Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. 42. Shop Drawings 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 City's award of the Contract, Contractor shall submit to the City a complete list and submittal log of items for which shop drawings are to be submitted and shall identify the critical items and all submittal dates. Approval of this list by the City 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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 City shall review and accept or reject with comments, shop drawings within fourteen (14) calendar days from the date received. The City'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 City 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, Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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. Samples 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 City, 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 City's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the City, 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 City 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 City by the Contractor. The Record Set of drawing shall be submitted in both hardcopy and as electronic plot files. 46. Supplemental Drawings and Instructions The City shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. The City shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings, or additional information as the Work proceeds, all of which shall be considered as part of the Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 47. Contractor Furnished Drawings A Contract Documents may require the Contractor to furnish design, shop, and/or as -built drawings depending on the nature and scope of the Work to be performed. The following applies to the different types of drawings. The City shall, after 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 3. REVISE AND RESUBMIT - Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the City prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor 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 City 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 City from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the City for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other Contractors affected by the resulting change, all of which shall be considered by the Consultant in evaluating the proposed substitute. The City may require the Contractor to furnish at 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 City shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered, installed or utilized without the City's and the Consultant's prior written acceptance which shall be evidenced by either a Change Order or an approved submittal. The City may require the Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may require the Contractor to reimburse the City for the charges of the Consultant for evaluating the proposed substitute. 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 49. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the City any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work, and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This shall also apply to any revisions or omissions identified by the Contractor. The Contractor shall submit all requests for information entitled Request for Information (RFI). The City shall respond to all RFI's in writing. The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions, and/or errors, not identified in writing to the City prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. 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 City will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the City's interpretation and perform the Work in accordance with the decision of the City. In such event, the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 51. Product and Material Testing All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense. The City may, in its sole and absolute discretion, test materials, and products at its own cost. However, should such materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the City for the cost of such tests and repair or replace said materials or products. In such instances, the City may deduct such cost from any payments pending to the Contractor. 52. Field Directives The City may at times issue field directives to the Contractor based on visits to the Project site(s). Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the scope of the Work, the Contractor shall, within forty-eight (48) hours, notify the City that the Work is outside the scope of the Work. At that time, the Field Directive may be rescinded, or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the City that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents and without notice to any Surety, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within the scope of the Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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 City. 54. Continuing the Work Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract price or Contract time for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 55. Change Orders Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed Work; or submit the matter in dispute to the Director as set forth in Article 90, "Resolution of Disputes." During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the City and Director in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 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 City, Change Orders may be issued unilaterally by City. The City 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 City expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the City may direct, order or require the Contractor to perform any Work including that which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the City stating why the Contractor deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the City to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 56. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule, for performance of both the Extra Work and any other Work affected by the Extra Work. The City shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to start the Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Extra Work immediately. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe. The Contractor is required to provide the Project Manager with a detailed Change Proposal Request, which shall include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification, and overhead rates in support of Contractor's Change Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project. If the Contractor fails to notify the City of the schedule changes associated with the Extra Work, it will be deemed an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten percent (10%) of the direct labor and material costs, unless the City determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. The Change Proposal Request may be accepted or modified by negotiations between the Contractor and the City. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order shall serve as a release of the City from all claims and liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any prior acts, neglect or default of the City relating to the Extra Work. Upon execution of a change order that affects the Contract Time, the Contractor shall, within five (5) business days, submit a revised Project schedule reflecting the changes 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 City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in herein. Payroll costs for employees in the direct employ of Contractor in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by the City. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 benefits, bonuses, sick leave, vacation, and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the Work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by City. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City 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 City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. If required by the City, Contractor shall obtain competitive bids for the Change Order Work. Contractor and shall deliver such competitive bids to the City who will determine which bids will be accepted. If the Subcontractor is to be paid on the basis of cost of the Work plus a fee, the Subcontractor's cost of the Work shall be determined in the same manner as 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 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 at the site or in its principal or a branch office, for general administration of the Work and not specifically included in the agreed -upon schedule of job classifications, all of which are to be considered administrative costs covered by 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 City for any such change, which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are 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 City an itemized cost breakdown together with the supporting data. Whenever a change in the Work is based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, 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." Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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 City may nevertheless issue a directive to the Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 90, "Resolution of Disputes," by furnishing a written statement to the Construction Manager within five (5) calendar days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its bid and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Contractor's claim including the manner that the disputed item was specified in the Contractor's bid. During the pendency of any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager's written instructions. In the event there is a dispute as to price, the Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Contractor's claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties' inability to agree upon a mutually satisfactory price shall be as follows: ■ No payment will be made to the Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed ten percent (10%). This will not vary, whether the Extra Work is performed by the Contractor or his Subcontractor. The Project Manager must approve any exceptions. "Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Construction Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require supporting all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor, materials, or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five percent (5%) to cover the Contractor's superintendence, administration, and other overhead expenses. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification, or revision by representatives of the City. 60. As -Built Drawings 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 City 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, class, 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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 City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List, and Final Completion The Work shall be substantially complete when the City, in the reasonable exercise of their discretion determines that the Work is complete, there are no material and/or substantial variations from the Contract Documents, and the Work is fit for its intended purpose. Upon Substantial Completion, the City and the Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that the City 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 jurisdiction over the Work. The City 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 Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the City and the Contractor, confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City. Where the Punch List is limited to minor omissions and defects, the City shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the City determines, on the appropriate form that the Work is not substantially complete, the City shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The City and the Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the City shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form that shall establish the Date of Substantial Completion. Once substantial completion is achieved, the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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 City shall, within ten (10) calendar days, make an inspection thereof. If the City finds the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be issued by the City. Said Certificate shall state that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the City a final release of all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings; operations and maintenance data, and the final bill of materials, if required, and payment application. 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, City shall, upon such certification of Consultant, and without terminating the Contract Documents, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The acceptance of final payment shall constitute a waiver of all claims by 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). All costs for NPDES and SWPPP shall be included in the bid prices. For further information on compliance requirements for NPDES and SWPPP contact the City of Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at http://www.dep.state.fl.us/water/stormwater/npdes/. 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 City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the Contractor shall request a time extension from the City within two (2) business days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. Does Not Include inclement weather, except as permitted by Florida law, and may not include the acts or omissions of Subcontractors. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 67. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted Subcontractors, whether or not in privity of Contract with the Contractor for the purpose of this Article. If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: • The cause of the delay arises after issuance of the NTP and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work; • The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed; and • The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the City determines that any information provided by the Contractor in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the City will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor. The request for an Excusable Delay shall be made within ten (10) calendar days, except for Force Majeure which must be requested within two (2) business days, after the time when the Contractor knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The City may require the Contractor to furnish such additional information or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the Contractor's request for Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees with that decision. With regard to an injunction, strike, or interference of public origin, which may delay the Project, the Contractor shall promptly give the City a copy of the injunction or other orders and copies of the papers upon which the same shall have been granted. The City shall be afforded the right to intervene and become a party to any suit or proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem proper. The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as such date may have been extended by a change order), the making of any payment to the Contractor, the issuance of any Change Order, shall not waiver the City's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring Contractor in default. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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 City within ten (10) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless the City allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by the City in accordance with Article 70, "No Damages for Delay," if City and 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 City, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 69. Extension of Time not Cumulative In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in Article 71, "Excusable Delay, Non-Compensable," the Contractor shall not be entitled to a separate extension for each one of the causes; only one (1) period of extension shall be granted for the delay. 70. No Damages for Delay No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City 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 City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, 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 City. 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 City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors, suppliers and vendors, agents and representatives, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its Subcontractors, Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 suppliers or vendors or agents and representatives and by the City 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 City, and shall be solely responsible for the accuracy thereof. All Work along the entire Project shall be located and constructed using the roadway base/center line as reference. All elevations shown therein are in feet. 73. Defective Work Project Manager shall have the authority to reject or disapprove Work that Project Manager finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with Work in conformity with the Contract Documents. Contractor shall bear all direct, indirect, and consequential costs of such removal or corrections including cost of testing laboratories and personnel. Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation that Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 74. Acceptance of Defective or Non -Conforming Work The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead of requiring its removal and correction. In such instances, a Change Order will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is determined after final payment, any difference in the amount shall be paid to the City by the Contractor. 75. Uncovering Finished Work The Project Manager'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 City shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Contract Documents, the uncovering, taking down, replacement, and/or restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related 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 City's additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the Project Manager of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, as determined by the City, and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the Contractor's bid. Regulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), Federal Department of Transportation (FDOT), Roadway and Bridge Standard Index Drawing Book, permits or data. The Contractor shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No Street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval. If required by the Project Manager, Traffic Division, or FDOT or as otherwise authorized by the City, the Contractor shall make arrangements for the employment of uniformed off -duty police officers to maintain and regulate the flow of traffic through the Work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. The Contractor shall provide all barricades with warning lights, necessary arrow boards, and signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. The Contractor shall be responsible for the provision, installation, and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index -drawing book. In addition, the Contractor shall be responsible for providing the City with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed and sealed by a professional engineer registered in the State of Florida, employed by the Contractor and certified under FDOT Procedure NPIL No. 625-010-010. Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), forty-eight (48) hours prior to any excavation. Any loop detector that is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (305) 592-3470. Where applicable, the Contractor shall notify the Traffic Division twenty-four (24) hours in advance of the construction date or forty-eight (48) hours in advance of construction within any signalized intersection. Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed, and the swale or median areas restored to their previous condition. Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping The Contractor shall take appropriate steps to ensure that all temporary pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures Where construction of the Project shall involve lane closures 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 78. Location and Damage to Existing Facilities, Equipment, or Utilities As far as possible, all existing utility lines in the Project area(s) will be shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor's responsibility to field -verify all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and 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 City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 79. Stop Work Order The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) calendar days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, or the Stop Work Order may commence on a later date as the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) calendar days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed, the City shall either: ■ Cancel the Stop Work Order; or ■ Terminate the Work covered by such order as provided in Article 89, "Termination for Convenience." If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the City, the Contractor may have been delayed by such suspension. In the event the City determines that the suspension of Work was necessary due to 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 City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City has given notice of same. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Compliance with any specific hurricane warning or alert precautions will not constitute additional Work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract time as non-compensable, excusable delay, and shall not give rise to a claim for compensable delay. 81. Use of Completed Portions City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases 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 City. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: ■ City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City'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 City. ■ Upon the City's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage, and start of warranty for the occupied area. ■ Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by the City on the Certificate of Substantial Completion, as specified in the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, City shall issue a Certificate of Final Payment relative to the occupied area. ■ If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and 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; City's Right to Clean Up Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. 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, City may do so, and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the City shall determine to be just. All combustible waste materials shall be removed from the Project at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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 City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City. If the Contractor does not comply with City's order, the City shall have the right to remove such equipment and supplies at the expense of Contractor. 84. Set -offs, Withholdings, and Deductions The City 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 City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act. 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include but not limited to, 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 City 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 breached a material term or provision of the Contractor Documents and has not timely cured the breach; ■ When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it must, within the time frame set forth in the City's request, provide adequate assurances and a plan of action to the City, in writing, of the Contractor's ability to perform in accordance with the terms of the Contract Documents. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: » Treat such failure as a repudiation of the Contract and/or; Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. ■ In the event the City may, at its sole discretion, terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. ■ Where the City erroneously terminates the Contract 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 City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor in writing, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified time frame, or the Contract with the City may be terminated. The City should issue such Notification; however, the City is under no obligation to issue such notification in the event the City lacks actual knowledge of the default. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another Contractor and any such costs incurred will be deducted from any sums due the Contractor under any Contract with the City. 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 City, 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 City to Contractor while Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. 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 termi nation. 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 City has satisfied its obligations under the Contract Documents the City is granted by the Contractor full use of the Work and any Work Product in connection with the City's completion and occupancy of the Project. Where it has been determined that the Contractor has been erroneously terminated under this Article, such termination shall be deemed to have been under Article 89, "Termination for Convenience." The City in its sole discretion may terminate the Contract without providing the Contractor a written Notice to Cure. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 88. Remedies in the Event of Termination for Default If a Termination for Default occurs, the Contractor and the bond provider, if applicable, shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor, equipment, and materials (not owned or paid for by the City) from the Work site. The City assumes no liability for the Contractor's failure to remove such items from the Project site(s) as required. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction. 89. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice shall state the date upon which Contractor shall cease all Work under the Contract and vacate the Project site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: ■ Stop all Work on the Project on the date specified in the notice (the "Effective Date"); ■ Take such action as may be necessary for the protection and preservation of the City's materials and property; ■ Cancel all cancelable orders for materials and equipment; ■ Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work; ■ Take no action that shall increase the amounts payable by the City under the Contract Documents; and ■ Take reasonable measures to mitigate the City's liability under the Contract Documents. ■ All charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to deliver the documentation timely shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the Contractor: ■ For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract, and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the Work. To the extent practical, the fair and reasonable value shall be based on the price established because of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. ■ The amount due hereunder may be offset by all payments made to the Contractor. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 ■ All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all claims against the City arising out of the termination. Further, the City may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. ■ Contractor shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. ■ All payments made under the Contract are subject to audit. Upon the City's payment in full of the amounts due the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes Contractor understands and agrees that all disputes between the Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Section 2, Article 4, "Notices." Should the Contractor and the Project Manager fail to resolve the dispute, the Contractor shall submit their dispute in writing, with all supporting documentation, to the Assistant Director of OCI, as identified in Section 2, Article 4, "Notices." Upon receipt of said notification, the Assistant Director of OCI shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director of OCI fail to resolve the dispute, the Contractor shall submit their dispute in writing within five (5) calendar days to the Director of OCI. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification, the Director of OCI shall review the issues relative to the claim or dispute and issue a written finding. Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for the resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed one hundred thousand dollars ($100,000), the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: ■ It has first received City Manager's written decision, approved by the City Commission if applicable; or ■ A period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of ninety (90) calendar days has expired where City Manager's decision is subject to City Commission for approval; or ■ City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within fourteen (14) calendar days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract price or Contract time adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) calendar days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. If a party fails to timely take the written objection, as provided, in fourteen (14) calendar days, then such party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 91. Mediation -Waiver of Jury Trial In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the construction of a Project, and/or following the completion of the Project, the parties to this Contract agree all unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include 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 City pursuant the Contractor's duty to indemnify, hold harmless and defend the City pursuant to Section 2, Article 6, "Indemnification." 92. City May Avail Itself of All Remedies The City may avail itself of each and every remedy herein specifically given to it now or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies as set forth in the Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. 93. Permits, Licenses, and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That also includes any other permit fees not directly related to the actual construction of the Project, including but not limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County, the State of Florida, or other governmental entities. Except as otherwise provided within the Contract Documents, all permits, and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by 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 City 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 City Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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 City of Miami's Contract documents and specifications, the City of Miami's Standards for Design and Construction as well as the Miami -Dade County's Standard Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The Contractor shall comply with the most recent editions and requirements of all applicable laws, rules, regulations, and building and construction codes of the Federal government, the State of Florida, the County, and the City. The attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes of Miami -Dade County and the City of Miami, Florida, governing the qualifications for Contractor and Subcontractor doing business anywhere in the City. 95. Independent Contractor The Contractor is engaged as an independent business and agrees to perform Work as an Independent Contractor. In accordance with the status of an Independent Contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the Contractor as a Subcontractor, expert, consultant, Independent Contractors, specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to: unemployment insurance; worker's compensation and anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to defend, indemnify, hold and save harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 96. Third Party Beneficiaries Neither Contractor nor City 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 City Required for Subletting or Assignment," the performance of this Contract shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City approval shall be cause for the City to terminate this Contract. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 such cancellation. The City may require bonding, other security, certified financial statements, and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each 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 City 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. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 99. Severability In the event any provision of the Contract Documents, or any Section or Article or provision in these Contract Documents, is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. 100. Applicable Law and Venue of Litigation; Attorney's Fees This Contract will be interpreted under the laws of the State of Florida, which will apply regardless of choice of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action or other proceeding or claim is necessary by either party with respect to the enforcement of any or all of the terms or conditions, herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties waive any objections to venue. All parties shall bear their own attorney's fees. 101. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager, Director, or designee. 102. Entire Agreement The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the City and the Contractor and supersede all prior negotiations, representations, or agreements, written or oral. This Contract may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents shall not be deemed to be a waiver of any other breach of any provision of the Contract Documents. 103. Non-discrimination, Equal Employment Opportunity, and Americans with Disabilities Act 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 Contract. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under this Contract. Furthermore, Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 104. Evaluation Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any other time deemed appropriate by the City, a performance evaluation report will be completed by the City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County and the State of Florida Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 106. Buy America Requirements As applicable, and pursuant to Code of Federal Regulations (CFR) Title 23, Chapter I, Subchapter G, Part 635 (§635.410, Buy America Requirements). Contractor must provide a signed certification statement regarding the manufacture of the iron and steel products to meet Buy America requirements. Every certification should clearly reference a "heat number." The heat number is an identification stamped on steel piece or iron casting at the production location. Additionally, a mill certification shall be produced validating that the raw steel or iron was smelted and formed in the United States. All manufacturing processes of the steel material in a project (i.e., smelting, and any subsequent process which alters the steel material's physical form or shape or changes its chemical composition) must occur within the United States to be considered of domestic origin. This includes processes such as rolling, extruding, machining, bending, grinding, and drilling. 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 108. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current Contract period shall, unless terminated by mutual written agreement between the City and the involved Contractor, continue until completion at the same prices, terms, and conditions. 109. Review of Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts of 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 shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise, Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of five (5) years following Final Completion of the Project. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the City; (4) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. Contractors shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(a�MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9T" FL, MIAMI, FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT THAT IS ADMINISTERING THIS CONTRACT. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 110. No Interest Any monies not paid by City when claimed to be due to Contractor under the Contract Documents, including, but not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 111. Payments Related to Guaranteed Obligations The City may withhold from any payments to be made such sums as may reasonably be necessary to ensure completion of the Project with respect to defective Work, equipment, or materials that may be identified by the Project Manager. The City may deduct from any payment due the Contractor an amount equal to its cost incurred on account of the Contractor's failure to fully perform its obligations under the Contract. The Project Manager, prior to withholding or deducting any monies hereunder, shall give the Contractor notice of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the City will pay the Contractor any monies owed, subject to Contractor's submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents 112. Consent of City Required for Subletting or Assignment If the Contractor assigns, transfers, sublets, conveys, or otherwise disposes of the Contract or its right, title or interest in or to the same, in whole or in part, or any part thereof without the previous consent in writing of the City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent, or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to and in compliance with applicable general laws of the State of Florida. 113. Agreement Limiting Time in Which to Bring Action against the City In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie or be maintained by the Contractor against the City upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final payment has not been issued within six (6) months of substantial completion of the Work or upon any claim relating to monies required to be retained for any period after the issuance of the said certificate, unless such action is commenced within six (6) months after such monies become due and payable under the terms of the Contract Documents, or if the Contract is terminated or declared abandoned under the provisions of the Contract unless such action is commenced within six (6) months after the date of such termination or declaration of abandonment by the City. In the event this Article is found to be unenforceable, the shortest limitations period applicable to the action under Chapter 95, Florida Statutes shall apply. 114. Defense of Claims Should any claim be made, or any legal action brought in any way relating hereto or to the Work hereunder, except as is covered by the provisions of the General Terms and Conditions, Section 2, Article 6, "Indemnification," the Contractor shall diligently render to the City, after additional compensation is mutually agreed upon, any and all assistance which the City may require of the Contractor. Additional compensation will only be furnished relative to the costs of any corrective Work as defined in Section 2, Article 6, "Indemnification," which is not the fault of the Contractor; the Contractor will be responsible for payment of attorney's fees and costs incurred in defense of the Contractor and of the City. This Section shall survive the cancellation or expiration of this Contract. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 115. Contingency Clause Funding for this Contract is contingent on the availability of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in programs or regulations, upon thirty (30) calendar days' notice. 116. Mutual Obligations This document, change order, field directive, and written clarifications issued under the Contract, and the Contractor's submittals, shall constitute the Contract Documents between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereto unless acknowledged in writing by their duly authorized representatives. Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where the Contract Documents imposes an indemnity obligation on the Contractor, the City may, at its expense, elect to participate in the defense of the claim if the City should so choose. Furthermore, the City may, at its own expense, defend or settle any such claim if the Contractor fails to diligently defend such claim, and thereafter seek indemnity for such cost from the Contractor. 117. Contract Extension The City reserves the right to exercise its option to extend the Contract for up to ninety (90) calendar days beyond the original Contract period. In such event, the City will notify the Contractors in writing of such extensions. 118. Non -Exclusivity It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy its needs as described herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed, the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to award of other Contracts, use of any Contractor, or perform the Work with its own employees. 119. Nature of the Agreement The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall provide full and prompt cooperation with the City in all aspects of the Work to be performed. The Contractor acknowledges that the Contract Documents require the performance of all things necessary for or incidental to the effective management and performance of a Project. All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and the Contractor shall perform the same as though they were specifically mentioned, described, and delineated. The Contractor shall furnish all labor, materials, tools, supplies, and other items required for the completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project Manager. 120. Contract Documents Contain All Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 121. Survival The parties acknowledge that any of the obligations in the Contract Documents will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under the Contract, which by nature would continue beyond the termination, cancellation or expiration thereof, should survive termination, cancellation or expiration thereof. Provisions of this Contract that shall survive termination, cancellation, or expiration thereof, include without limitation: Section 2, Article 6, "Indemnification," Section 2, Article 89, "Termination for Convenience," Section 2, Article 3, "Contract Price & Guaranteed Maximum Cost." 122. Disclosure of State Funding, if applicable If State funds are being used by the City to pay for this work, the City document whether payment will come from funds appropriated by the state and, if known, the amount of such funds or the percentage of such funds as compared to the anticipated total cost of the personal property or construction services. 123. Projects Funded by Federal or State Funds a. Equitable Adjustment The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Proposer's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Successful Proposer that continued performance of the contract would results in a substantial loss. Successful Proposer might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. b. Non -Appropriation of Funds In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Proposer or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty, or representation is made that any project(s) will be awarded to any firm(s). c. Subcontractors of Work Shall be Identified As part of the RFP, Proposers are required to identify any and all Subconsultants/Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subconsultant/Subcontractor. Failure to identify any and all Subconsultants/Subcontractors in the Proposal shall render the Proposal non -responsive unless the Successful Proposer submits this documentation to the City within five (5) working days after the proposal due date. The Successful Proposer shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subconsultant/Subcontractor(s) not originally mentioned in their Proposal, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subconsultant/Subcontractor(s) and the City. The Successful Proposer shall be fully responsible to the City for the acts and omissions of the Subconsultant/Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Successful Proposer. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 d. Davis -Bacon Act - 40 U.S.C. 3141-3148 Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. Proposers shall use the Federal Wages reflected in Wage General Decision Number FL20220125 02/25/2022 in developing its proposal for this project. The Successful Proposer shall be required to provide certified payroll records documenting the work performed on this project. e. Compliance with the Copeland "Anti -Kickback" Act - 40 U.S.C. 3701-3708 1. The Contractor shall comply with 18 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12. f. Compliance with the Contract Work Hours and Safety Standards Act - 40 U.S.C. 3701-3708 1. Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Contractor, and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (1) through (4) of this section. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 J• g• Parts at Pass -Through Cost (for Repairs Outside the Scope of Work) All cost for parts required for repair jobs and not otherwise included in the scope of work shall be billed at the Successful Proposer's actual cost and will be passed on to the City without markup or any additional fees. The Successful Proposer shall submit purchase receipt of parts along with the labor invoice for payment. The Successful Proposer shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. h. Notification to Perform Work The Successful Proposer shall notify the Project Manager when an employee is on the property and for what purpose. i. Background Checks The Successful Proposer shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue §1012-32. The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement of the project, the Successful Proposer shall provide Level Two (2) background screening results for all employees completing the work on park grounds. Equal Employment Opportunity - 41 CFR Part 60 During the performance of any resulting contract from an RFP, the Proposer agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. k. Clean Air Act - 42 U.S.C. 7401-7671q. 1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. 2) The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I. Federal Water Pollution Control Act - 33 U.S.C. 1251-1387 1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2) The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. m. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. n. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 o. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) Proposers who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that take place in connection with obtaining any federal award. Such disclosures are forwarded form tier to tier, and up to the recipient. Please refer to the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Proposers to return this form signed along with their Proposal. Procurement of Recovered Materials 1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired; a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-quideli ne-cpg-program. Seal, Logo, and Flags The Contractor shall not use seal(s), logos, crests, or reproductions of flags or likenesses of federal agencies, including but not limited to the Department of Homeland Security's (DHS) agency officials, without specific pre -approval from the appropriate federal agency. r. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that financial assistance from federal agencies, including but not limited to FEMA, will be used to fund this contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. s. Access to Records 1) The Contractor agrees to provide the City of Miami, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. P. q• t. Suspension and Debarment 1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3) This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. u. United States Housing and Urban Development 1) Should this contract be funded by US HUD dollars and/or Community Development Block Grant (CDBG) dollars, and/or CDBG Mitigation (CDBG-MIT) dollars, and therefore, is subject to federal procurement regulations 2 CFR 200.318 to 200.327. 2) Unless a fixed -price contract is used, profit must be negotiated as a separate element of the price for each contract in which there is no price competition and, in all cases, where a cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. v. Section 3 of the Housing and Urban Development Act of 1968 1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. 6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). w. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. END OF SECTION Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 SECTION 3 BIDSAFE/REQUEST FOR QUOTATION/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 ninety-eight (98) calendar days from the date of the Notice to Proceed to achieve Substantial Completion. Contractor shall then have an additional thirty-five (35) calendar days from the date of Substantial Completion to achieve Final Completion of the Project. The Contractor shall maintain strict adherence to the mandated Contract time and schedule due to the time sensitive nature of the Project's funding sources. Work shall be performed Monday through Friday from 8:00 a.m. to 6:00 p.m. per the City's Noise Ordinance, Sec 36-6. Any Work to be performed outside of these times must be requested in writing to the Project Manager forty-eight (48) hours prior to the requested change. The Project Manager will notify the Contractor in writing of any changes in approved Work hours. 2. Progress Payments Mobilization Partial Payments: When the bid includes a separate pay item for Mobilization and the Notice to Proceed has been issued, partial payments will be made in accordance with the following: For Contracts of one hundred twenty (120) calendar days duration or less, partial payment will be made at fifty percent (50%) of the bid price per month for the first two (2) months. For Contracts in excess of one hundred -twenty (120) calendar day's duration, partial payment will be made at twenty-five percent (25%) of the bid price per month for the first four (4) months. In no event shall more than fifty percent (50%) of the bid price be paid prior to commencing construction on the Project site. Total partial payments for Mobilization on any Project, including when more than one Project or job is included in the Contract, will be limited to ten percent (10%) of the original Contract amount for that Project. Any remaining amount will be paid upon completion of all Work on the Contract. Retainage will be applied to all partial payments. Partial payments made on Mobilization will in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. 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 City's Contractor Payment Application Form. Where the time frame for completion of the Work is less than or equal to one month or a Schedule of Values is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for payment shall include, but is not limited to, an updated progress schedule as required by Section 3, Article 6, "Release of Liens/Subcontractor's Statement of Satisfaction," and a partial or final release of liens or consent of Surety relative to the Work, which is the subject of the application for payment and any other information required by the City. Each application for payment shall be submitted in triplicate for approval. City shall make payment to Contractor within thirty (30) calendar days after approval of Contractor's application for payment. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Acceptance by the City. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand-alone document. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: • Defective Work not remedied. • Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City 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 City 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 City will pay, and the Contractor shall accept as full compensation for the Work, the sums specified in the Contractor's submittal to the Contract Documents, as accepted by the City. Contractor may be paid for materials or equipment purchased and stored at the Project site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project, but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid invoices and an executed Material Purchased/Stored On -Premises form to establish the City's title to such materials or equipment, or otherwise protect the City's interest, including applicable insurance in the name of City and transportation to the site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 3. Liquidated Damages The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time the Contractor shall pay to the City liquidated damages as follows. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial Completion, the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of one thousand six hundred ninety-four dollars ($1,694.00) per calendar day, which is hereby agreed upon, not as a penalty, but as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the additional sum of eight hundred forty- seven dollars ($847.00) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. The Contractor will be notified of any approved exceptions or extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract Documents. The City shall have the right to deduct liquidated damages assessments from any payment due or which may thereafter become due to the Contractor under any Contract the Contractor has with the City. In case the amount, which may become due hereunder, shall be less than the amount of liquidated damages due Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other City Contract until such indebtedness is paid in full to the City. The City shall notify the Contractor in writing that it is incurring liquidated damages. 4. Schedule of Values The Contractor must submit three 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 line item shall be identified with the number and title of the major specification section or major components of the items. The City may require further breakdown after review of the Contractor's submittal. The City reserves the right to 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 City'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 City's review. Subsequent to such review of said schedule, the Contractor shall establish said schedule as the baseline schedule. ■ All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. ■ All Project Schedules shall be prepared in Microsoft Project 2003 or later unless otherwise approved by the Project Manager. At the time of submission of schedules, Contractor shall submit a hardcopy as well as an electronic version. Such electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated into the City's baseline schedules. ■ Subsequent to review of the initial schedule submission, the Contractor shall establish the reviewed schedule as the "baseline schedule." Contractor shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor's Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project or not, will pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall, beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion withhold payments for Work Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 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 City withholding from the final payment such funds as necessary to satisfy any Subcontractor claims. Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment. Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. 7. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. Contractor shall hold progress and coordination meetings as required by the City, to provide for the timely completion of the Work. Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the City. Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, Contractor shall identify the party or parties responsible for following up on any problems, delay items, or questions, and Contractor shall note the action to be taken by such party or parties. 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 City 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 City shall respond in writing. 9. Project Site Facilities The Contractor shall arrange for all Project site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project. Contractor's, Subcontractor's, supplier's, material persons personnel shall not use the City restrooms that may be available at the Project site without the prior consent of the manager of the facility or the Project Manager, where there is no manager of a facility. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Subcontractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its and its Subcontractors' employees. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the City. Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The City may authorize the use of existing utilities. Such decision will be made at the sole discretion of the City. The Contractor shall be required to obtain all necessary permits required for any Project site facilities. 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 City shall not be liable for any damage or loss to such materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 12. Construction Signage Where required by the Contract Documents the Contractor shall provide construction signage. The City shall provide the Contractor the wording and layout for the signs at the pre -construction conference. The Contractor shall furnish the two City signs at the Project site(s) as follows: ■ The first sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2-mil cast vinyl over mounted with 3-mil Mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4-inch square wood or perforated "U" channel metal posts painted white, and be readable at eye level. The colors to be used on the sign are as follows: the background shall be white with blue lettering; the seal shall be white and gold with blue lettering form. ■ The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 feet high by 3/4-inch (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white, and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. ■ The Contractor shall also post appropriate construction site warning signs at the Work site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed waterside to alert 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 City shall approve the locations for all signage. ■ Signage must be permitted and approved as required by City 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 14. City Furnished Property Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc., when directed to by the City and shall reinstall or provide to the City as directed. 15. Geotechnical Testing - Intentionally Omitted 16. Field Layout 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. 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 corners, 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 City shall require the Work to be brought within the tolerances specified elsewhere before backfilling 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 deliver these records in good order to the City 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 City 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 City 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 City record as -built information. • All locations for future connections or tie-ins shall be left unburied and uncovered until the City'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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 • 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 City 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 City 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 City, Contractor's record drawings or as -built drawings acceptable to Project Manager. 17. Survey Work for Drainage Projects The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide final measurements. At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be provided a packet of information, from the City, showing the format to be utilized. The Contractor is advised that the survey Work, including required final measurements, shall be according to City Standards and are an integral part of the Project. The Project shall not be considered complete until the final measurements are approved by the City. 18. E-Verify - Mandatory 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. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 19. Cures BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS BIDSAFE/REQUEST FOR QUOTATION, SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this BidSafe/Request for Quotation. Bidder understands that non- responsive Bids will not be evaluated. 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. 21. Jessica Lunsford Act (JLA) Background Screening Requirements In accordance with the requirements of Sections, 1012.465, and 1012.32 and 1012.467, Florida Statutes), as amended from time to time, Contractor agrees that, if Contractor receives remuneration for services, Contractor and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and all background screening requirements, including level 2 screening requirements as outlined in the above -referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal history checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from Level 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the provisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any provisions that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.467, will be superseded by said statute. A non -instructional contractor who is exempt from the screening requirements set forth in Sections 1012.465, 1012.468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under Section 943.043 and the national sex offender public registry maintained by the United States Department of Justice. Contractor will not be charged for this search. Further, upon obtaining clearance by City the City will issue a photo identification badge consistent with any statutory requirements, which shall be worn by the individual at all times while on City property when children are present. Contractor agrees to bear any and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Contractor agrees to require all its affected employees to sign a statement, as a condition of employment with Contractor in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Contractor/Employer of any arrest(s) or conviction(s) of any offense within 48 hours of its occurrence. Contractor agrees to provide the City with a list of all of its employees who have completed background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Contractor agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Contractor further agrees to notify the City immediately upon becoming aware that one of its employees, who was previously certified as completing the background check and Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 meeting the statutory standards, is subsequently arrested, or convicted of any disqualifying offense. Failure by Contractor to notify the City of such arrest or conviction within 48 hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City and removal from the Pool. The parties further agree that failure by Contractor to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Contract. 22. Construction Contracts Funded With State -Appropriated Funds Pursuant to Florida Statutes, Section 255.0991, for any competitive solicitation for construction services paid for with any state -appropriated funds, a state college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation to prevent a certified, licensed, or registered contractor, subcontractor, or material supplier or carrier, from participating in the bidding process based upon: (a) Maintaining an office or place of business within a particular local jurisdiction; (b) Hiring employees or subcontractors from within a particular local jurisdiction; or (c) Prior payment of local taxes, assessments, or duties within a particular local jurisdiction. Furthermore, and pursuant to Florida Statutes, Section 255.0992, "Public Works Projects; Prohibited Governmental Actions," except as required by federal or state law, the state or any political subdivision that contracts for a public works project may not take the following actions: (a) Prevent a certified, licensed, or registered contractor, subcontractor, or material supplier or carrier, from participating in the bidding process based on the geographic location of the company headquarters or offices of the contractor, subcontractor, or material supplier or carrier submitting a bid on a public works project or the residences of employees of such contractor, subcontractor, or material supplier or carrier. (b) Require that a contractor, subcontractor, or material supplier or carrier engaged in a public works project: 1. Pay employees a predetermined amount of wages or prescribe any wage rate; 2. Provide employees a specified type, amount, or rate of employee benefits; 3. Control, limit, or expand staffing; or 4. Recruit, train, or hire employees from a designated, restricted, or single source. (c) Prohibit any contractor, subcontractor, or material supplier or carrier able to perform such work that who is qualified, licensed, or certified as required by state or local law to perform such work from receiving information about public works opportunities or from submitting a bid on the public works project. This paragraph does not apply to vendors listed under ss. 287.133 and 287.134. For purposes of this Section, "Public Works Project" means an activity exceeding $1 million in value that is paid for with any state -appropriated funds and which consists of the construction, maintenance, repair, renovation, remodeling, or improvement of a building, road, street, sewer, storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution system, gas or electrical substation, or other facility, project, or portion thereof that is owned in whole or in part by any political subdivision. This Section does not apply to contracts executed under Chapter 337, or for use authorized by Section 212.055(1). END OF SECTION Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 SECTION 4 BID FORMS Submitted: October 17, 2022 Date City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to Contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits, the specified Work covered by the Contract Documents for the Project entitled: Bid No: 21-22-022 Title: SHENANDOAH MINI -PARK RIGHT- OF -WAY IMPROVEMENTS B-2035'18 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid Guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract and fails to furnish the required Performance Bond and Payment Bond as well as the required Certificate(s) of Insurance within fourteen (14) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors that may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. Note: Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible Bidder. Payments will be made based on unit prices of actual quantities installed. Where Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between the numerical and written bid amount, the written bid amount will prevail. Form SU must be submitted with Bidder's Bid. The SU Form can be found posted on the webpage with the bid documents. SCOPE OF WORK: The Work consists of, but is not limited to, the street reconstruction, milling and resurfacing, drainage installation, water main and water services installation, and replacement of curbs, driveways, Americans with Disabilities Act ("ADA") compliant ramps, pavement marking and signage. The full Scope of Work is detailed in the Contract Documents. BidSafe/Request for Quotation No. 21-22-022 Shenandoah Mini -Park Right -of -Way Improvements - B-203518 Proffered bid MUST reflect/include all materials, labor, services, supervision, tools, equipment, inspections, and all other items necessary for the successful completion of the Project. The following M UST be filled in: LUMP SUM TOTAL FOR BID CONSTRUCTION COST: $ 988,758.21 WRITTEN LUMP SUM TOTAL BID CONSTRUCTION COST (GUARANTEED MAXIMUM PRICE/COST): $ Nine Hundred Eighty Eight Thousand Seven Hundred Fifty Eight Dollars and Twenty One Cents (Total Bid Construction Cost) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafeiRequest for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) Part I: Listed below are the dates of issue for each Addendum received in connection with this bid: Addendum No. 1, Dated October 7, 2022 Addendum No. 2, Dated October 17, 2022 Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No Addendum was received in connection with this bid. Part III: Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. S-mallBusiness Enterprise ("SBE") 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 Entcrpriyc" requirement. Evaluation of Bidder's responcivcnccc to 0rdinnncc Soctinn 13331 shall bo a considcratinn in the award of a Contract. 2. Non -Collusion Bidder certifies that the only persons interested in this bid are named herein; that no other person has any interest in this bid or in the Contract to which this bid pertains; that this bid is made without connection or arrangement with any other person. Bidder 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 Bidder 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 Bidder'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 Bidder'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 irnposed 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). Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafeiRequest for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 d) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction. e) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee. f) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: g) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6). 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: a) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) 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, "All" in the Final Rule is expected to be clarified to show that it applies to covered Contract/grant transactions over one hundred thousand dollars ($100,000) (per QMB). (i) Shenandoah Mini -Park Right of Way Improvements — B-20351 8 BidSafolRequest for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 5. Debarment, Suspension and Other Responsibility Matters The Bidder 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.B 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) Bidder 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) Bidder does have a satisfactory record of performance; (3) Bidder does have a satisfactory record of integrity; (4) Bidder does possess qualified legal standing to Contract with the City; and (5) bidder will comply in supplying all requested information connected with the inquiry concerning responsibility. f) Bidder has not had a termination, suspension, or cancellation of a City Contract, in whole or in part, for cause, due to a default by the Bidder or Offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or Bidder has not withheld a payment or nonpayment of moneys due the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such moneys due the City. h) Have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court," as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the City or withdrawal by the City by order of the court. i) The Bidder 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) Bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources; (2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or g) Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 (3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami in writing. 6. Local Workforce Participation Requirements The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) Have read and understood the provisions of City of Miami Ordinance 13332, codified as Section 18-89 of the City Code pertaining to the Local Workforce Participation requirements on a quarterly basis; (b) Have identified in City 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 City Code. Part IV: Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and Subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the bid and in the total bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. The Bidder further identifies the costs and methods summarized below: Quantity Price Description Sloping Total $ Unit Price Extended Method LF 8.50 Sloping Shenandoah Mini -Park Right of Way improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Attached is a Bid Bond PC], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder hereby acknowledges and affirms to the contents of this Bid Form and its' response(s) thereto including without limitations Part i through IV have been, read, understood, and agree to by signing and completing the spaces provided below. Bidder Name: Signature: Printed Name/Title: Rodolfo Ayan, VP, Secretary Team Contracting, Inc. City/State/Zip: 13911 SW 42nd ST, Miami, FL 33175 Email: rayan@team-contracting.com Telephone No.: (305)207-9799 Fax No.: (305)207-9790 Social Security No. or Federal I.D. No. 65-1002254 Dun & Bradstreet No. (If applicable) If a partnership, names and addresses of partners: Shenandoah Mini -Park Right of Way Improvements — B-203518 Bidsafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of Team Contracting, Inc. , a corporation organized and existing under the laws of the State of Florida , held on the 17 day of October 2022 , a resolution was duly passed and adopted authorizing Mr./Mrs. Rodolfo Ayan as Vice President of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 17 , day of Secretary: Print: of Mr./Mrs. October ,2022 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State , held on the day of , a resolution was duly passed and adopted authorizing as of the corporation to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). Shenandoah Mini -Park Right of Way Improvements — 8-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) f HEREBY CERTIFY that, I (Name) individually and doing business as (dlbla) (If Applicable) have executed and am bound by the terms of the bid to which this attestation is attached. Signed: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 NOTARIZATION STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged before me this 17 day of October 20 22 by Rodolfo Ayan SIG ATURE OF NOTARY PUBLIC STA who is personally known to me or who has produced as identification and who (did / did not) take an oath. ELAINE QUESADA Notary Public -State of Florida 4 _ Commission#GG3i2389 yeller°c My Commission Expires AFOF Ft�a t, March 17, 2023 11 PRI NAME OF NOTARY PUBLIC Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 BID BOND FORM (Page 1 of 3) State of County of City of } ) KNOWN ALL PERSONS BY THESE PRESENTS, that Team Contracting, Inc. as Principal, Berkley Insurance Company as Surety, are held and firmly bound unto the City of Miami, in the penal sum of Five Percent of Amount Bid dollars ($ *********5%*********) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated October 10 , 2022 , for: BidSafe/Request for Quotation No. 21-22-022 SHENANDOAH MINI -PARK RIGHT-OF-WAY IMPROVEMENTS - B-203518 NOW THEREFORE: (a) If the Principal shall not withdraw said bid within one hundred eighty (180) calendar days after date of opening the same, and shall within ten (10) calendar days after the prescribed forms are presented to him for signature, enter into a written Contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or (b) In the event if the withdrawal of said bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Shenandoah Mini -Park Right of Way improvements -- B-203518 BidSafelRequest for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 BED BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 5th day of October , 2022 , the name and corporate seal of each party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal) nature of tFiorize Officer { g ) Secretary (Surety Secretary) Genesis Ferrian PRINCIPAL: Team Contracting, Inc. (Name of Firm) ice President, Secretary, Treasurer (Title) 13911 SW 42nd Street. Suite 209 (Business Address) Miami, FL 33175 (City/State/Zip Code) SURETY: Berkley Insurance Company (Corporate Surety) Affix Seal (Si nature of Authorized Officer) Michael A. Bonet Attorney -In -Fact (Title) 475 Steamboat Road (Business Address) Greenwich, CT 06830 (City/State/Zip Code) Shenandoah Mini -Park Right of Way Improvements — B--203518 BidSafe)Request for Quotation No. 21--22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL Rodolfo Ayan , certify that I am the Secretary of the Corporation named as Principal in the within bond; that Rodlofo Ayan is S,VP,T of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. (Corporate Seal) STATE OF Florida COUNTY OF Miami -Dade CITY OF Miami Before me, a Notary Public duly commissioned, and qualified, personally appeared Rodolfo Ayan to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the Team Contracting, Inc. and that he/she has been authorized by Team Contracting Inc. to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this 17 day of October INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders. ,2022 ry Public, State of Florida My Commission Expires: 3/ i4/ 23 «3�i+p, ELAINE QUESADA =p,*/�YP"A°�,- Notary Public -State of Florida */'''—'� *__ Commission # GO 312389 a"+`eli !° My Comn1ission Expires March 17,203 at Large Shenandoah Mini -Park Right of Way Improvements — 8-203518 BidSafeiRequest for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 No. BI-10071c-el ss: POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Roy V. Fabry or Michael A. Bonet of RSC Insurance Brokerage, Inc. of Miami, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed hy, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to.be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20th day of • January , 2021 Attest: By Ira S Lederman Executive Vice President & Secretary STATE OF CONNECTICUT ) ) COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this 20th day of and Jeffrey M. Hailer who are sworn to me to be the Executive Vice President Secretary, and t Senior Vice President, respectively, of Berkley Insurance Company. MANaTARr Punt c CONNECTICUT MY COMMISSION EXPIRES APRIL30, 2024 ,dlotary Public, State of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded ant a±-tl authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of cited, is in full force and effect as of this date. �� �� I,, der my hand and seal of the Company, this 5th day of OGta b / , 2022 . Berld By Insurance Company after c`'resident January , 2021 by Ira S. Lederman Vincent P. Forte DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Please verify the authenticity of the instrument attached to this power by: Toll -Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkieysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department 0 Email: BSGClaim@berkleysuretv•com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R, Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 QUESTIONNAIRE This completed form must be submitted with the bid. The City may, at its sole discretion, require that the Bidder submit additional information not included in the submitted form. Such information must be submitted within seven (7) calendar days of the City's request. Failure to submit the form, or additional information upon request by the City, shall result in the rejection of the bid as non- responsive. Additional pages may be used following the same format and numbering. By submitting its bid, the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. a) How many years has Bidder been in business under its current name and ownership? 22 Professional Licenses/Certifications (include name and number)* Issuance Date CGC 061511 06/19/2000 ("include active certifications of small business enterprise and name of certifying entity) b) Date Bidder licensed by Dept. of Professional Regulation: 06/19/2000 c) Qualified Business License: Yes ® No ❑ If Yes, Date Issued d) What is Bidder's business? Vertical and Horizontal Construction of all types (This answer should be specific. For example: paving, drainage, schools, interior renovations, etc.) e) Name of Qualifier, license number, and relationship to Bidder: Rodolfo Ayan, CGC061511, Vice President and Owner of Team Contracting, Inc. f) Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to Bidder and years as qualifier for the Bidder. N/A 2. Name and Licenses of any prior companies: Name of Company N/A License No. Issuance Date 3. Type of Business Entity: ❑ Corporation C "S" Corporation ❑ LLC ❑ Sole Proprietorship ❑ Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a Contract} Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafefRequest for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 4. Business Entity Ownership: a) Identify all owners of the Business Entity. Name Title Julio Batista % of ownership President 60% Rodolfo Ayan Vice President 40% b) Is any owner identified above an owner in another company? ❑ Yes Y❑ No If yes, identify the name of the owner, other company names, and % ownership N/A c) Identify all individuals authorized to sign for the Business Entity, indicating the level of their authority (Check applicable boxes and for other provide specific levels of authority) Name and Title Julio Batista President Rodolfo Ayan Vice President Daniel Gell Signatory Authority All Cost No -Cost Other ❑ ❑ ❑ LI Vice President 71 ❑ ❑ ❑ Explanation for Other: (Note: "All" refers to any type of document including but not limited to Contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost' refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. Employee Information: Total No. of Employees: 14 Number of Managerial/Admin. Employees: 6 Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) Operators - 3 / Finishers - 3 / General Labor - 2 How many employees are working under H2B visas? 0 6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude? If yes, please explain: No 7. Insurance and Bond Information: a) Insurance Carrier name and address: RSC Insurance Brokerage, Inc. 3350 S Dixie Hwy, Miami, FL 33133 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Requost for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 b) Insurance Contact Name, telephone, and e-mail: Michael Bonet - (305) 446-2271 mbonet@risk-strategies.com c) Insurance Experience Modification Rating (EMR): (If no EMR rating please explain why) d) Number of Insurance Claims paid out in last five (5) years and their corresponding value: 0 e) Bond Carrier name and address: Berkeley Insurance Company 475 Steamboat Road, Greenwich, CT 06830 f) Bond Carrier Contact Name, telephone, and e-mail: Michael Bonet - (305) 446-2271 mbonet@risk-strategies.com g) Number of Bond Claims paid out in last five (5) years and their corresponding value: 0 8. Have any claims lawsuits been file against the Bidder in the past five (5) years? If yes, identify all Bidder has either settled or an adverse judgment has been issued against Bidder. Identify the year, basis for the claim or judgment, and settlement; unless the value of the settlement is covered by a written confidentiality agreement. None 9. To the best of Bidder's knowledge, is Bidder or any of Bidder's officers currently under investigation by any law enforcement agency or public entity? If yes, provide details: None 10. Has Bidder been assessed liquidated damages or defaulted on a Project in the past five (5) years? Yes ❑ No n If yes, provide an attachment that provides an explanation of the Project. 11. Has Bidder been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation. No 12. Provide an attachment listing all of the equipment, with a value of five thousand dollars ($5,000) or greater, owned by the Bidder. See attached equipment list. B. Project Management and Subcontract Details 1. Bidder's Project Manager for this Project: a) Name: Rodolfo Ayan b) Years employed by Bidder: 22 c) Licenses/Certifications: CGC 061511 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafefRequest for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 d) Last three (3) Projects with the company including role, Scope of Work, and value: See project list. 2. Subcontractors: Name Trade % of Work License No, Certification* Terra Hyle Contractors, Inc / Drainage / 30% / CGC058706 / MDC CSBE (*active certifications of small business enterprise and name of certifying entity) 3. Scope of Physical Labor Construction Work to be performed by Bidder and the corresponding percentage of the Work: (This does not include such items as insurance * bonds, dumpsters, trailers, and other similar non - construction Work items) All Paving and Roadway Improvements - Approx 70% Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 City of Miami, Department of Procurement Experience of the Prime Contractor - Reference Form BidSafe/RFQ-GCR INSTRUCTIONS Bidders shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS, WILL RESULT IN THE BID BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Bidder Name of Certified General Contractor (CGC): Team Contracting, Inc. The above referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Scope of Referenced Work: D4 Roadway and Drainage Improvements Installation of Drainage and Roadway/Sidewalk Reconstruction Did the Scope involve commercial and/or municipal swimming pool projects of similar size, scope, and complexity within the past ten (10) years? ❑ Yes No Value of Project: $ 997,329.30 Date Completed: Dec 2017 Percentage of physical construction Work self -performed by the CGC: 65 Was Project completed on time and within budget: ® Yes ❑ No If no, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Project was a Design -Built for full roadway and drainage construction from intersection to intersection. Reference Company Name: Reference Name/Title and Position: City of Miami Ivelisse Rodriguez, PM Reference Phone Number and E-mail Address: (305)416-1304 ivelisserodriguez@miamigov.com Bidder's Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Bidder's Signature Shenandoah Mini -Park Right of Way Improvements B-203518 BidSafe.tRequest for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 City of Miami, Department of Procurement Experience of the Prime Contractor - Reference Form BidSafe/RFQ-GCR INSTRUCTIONS Bidders shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS, WILL RESULT IN THE BID BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Bidder Name of Certified General Contractor (CGC): Team Contracting, Inc. The above referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Beachwalk Phase II Name of Referenced Project: Scope of Referenced Work: Construction of Beachwalk from S Pointe to 3rd Street Did the Scope involve commercial and/or municipal swimming pool projects of similar size, scope, and complexity within the past ten (10) years? ❑ Yes ® No Value of Project: $ 1,396,438.00 Date Completed: May 2014 Percentage of physical construction Work self -performed by the CGC: 100 Was Project completed on time and within budget: E Yes ❑ No If no, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Project was for installation of new beachwalk from S Pointe Dr to 3rd Street Reference Company Name: City of Miami Beach Reference NamelTitle and Position: Diego Lopez -Medina, PM Reference Phone Number and E-mail Address: (305)673-7071 Bidder's Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Bidder's Signature Shenandoah Mini -Park Right of Way improvements — :-20351 8 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 City of Miami, Department of Procurement Experience of the Prime Contractor - Reference Form BidSafe/RFQ-GCR INSTRUCTIONS Bidders shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS, WILL RESULT IN THE BID BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Bidder Name of Certified General Contractor (CGC): Team Contracting, Inc. The above referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Citywide Sidewalk Construction Scope of Referenced Work: Sidewalk Repair and Construction, Citywide Did the Scope involve commercial and/or municipal swimming pool projects of similar size, scope, and complexity within the past ten (10) years? El Yes No Value of Project: $ 496,205.25 Date Completed: Feb 2019 Percentage of physical construction Work self -performed by the CGC: 100 Was Project completed on time and within budget: Yes ❑ No If no, was the CGC at fault, contributed to the delay, or increased cost? [ If yes, please provide details: OA Yes ❑ No Comments: Project was for Citywide Sidewalk Repairs In City of Miami Beach Reference Company Name: City of Miami Beach Reference Name/Title and Position: Matthew Lapera, PM Reference Phone Number and E-mail Address: (305)673-7000 x6828 Bidder's Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Bidder's Signature Shenandoah Mini -Park Right of Way Improvements — BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 City of Miami, Department of Procurement Experience of the Prime Contractor - Reference Form BidSafe/RFQ-GCR INSTRUCTIONS Bidders shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to r 5a Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE. — NOTICE TO CONTRACTORS, WILL RESULT IN THE BID BEING REJECTED AS NON -RESPONSIVE.„ The Following Section to be Completed by the Bidder Name of Certified General Contractor (CGC): Team Contracting, Inc. The above referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Annual Concrete and Paver Stones — Project No. 12134 Scope of Referenced Work: Citywide Sidewalk and Paver Repair Did the Scope involve commercial and/or municipal swimming pool projects of similar size, scope, and complexity within the past ten (10) years? ❑ Yes El No Value of Project: $ 1,903,775.00 Date Completed: Feb 2020 Percentage of physical construction Work self -performed by the CGC: 100 % Was Project completed on time and within budget: E Yes ❑ No If no, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Sidewalk and Paver Repairs in City of Ft Lauderdale Reference Company Name: City of Ft Lauderdale Reference Name/Title and Position: Jean Examond, Project Manager II Reference Phone Number and E-mail Address: (954)828-4507 Bidder's Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Bidder's Signature Shenandoah Mini -Park Right of Way Improvements — B-203 18. BidSafo/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 City of Miami, Department of Procurement Experience of the Prime Contractor - Reference Form BidSafe/RFQ-GCR INSTRUCTIONS Bidders shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS, WILL RESULT IN THE BID BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Bidder Name of Certified General Contractor (CGC): Team Contracting, Inc. The above referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Scope of Referenced Work: City of West Miami - Citywide LAP Traffic Calming Installation of Traffic Circles, Citywide Did the Scope involve commercial and/or municipal swimming pool projects of similar size, scope, and complexity within the past ten (10) years? ❑ Yes ® No Value of Project: $ 742,971.42 Date Completed: Apr 2016 Percentage of physical construction Work self -performed by the CGC: 70 °lo Was Project completed on time and within budget: ® Yes ❑ No If no, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Project was to install Traffic Circles Citywide Reference Company Name: Reference Name/Title and Position: City of West Miami Juan Pena, Director of PW Reference Phone Number and E-mail Address: (305)266-4214 Bidder's Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Bidder's Signature enandoah Mini -Park Ri ht of Sh Way Improvements 9 Y — B- 03518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 SECTION 5 CONTRACT EXECUTION FORMS CONTRACT EXECUTION FORM IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS: Signature etc ?rle Ccuesci cfc, Print Name, Title ATTEST: Contractor's Secretary (Affirm Contractor's Seal, if available) ,a CONTRACTOR: Team Contracting, Inc. Florida Profit Corporation Signetre Print Name, Title of Authorized Officer or 0 icial 0oro +w ,,�rt�acr t1 ,moo bag i U® A\' 4, SEAL ei % tirt 0000 1.146 b Florid* (Corporate S ATTEST: CITY: CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: Todc H. Hannon, City Clerk D__'o/IcuSig__ned by: DocuSigne �r ' IUOVttia, CF �2rieg ... A Le onega V, City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: ,—DocuSigned by: Fr'atAk GDwtt/L) `-27395C6318214E7. Ann Marie Sharpe, Director Risk Management Department Shenandoah Mini -Park Right of Way Improvements — B-203518 ,—DocuSigned by: 5„,„ F1EF90 �-F� �'EW 57.. Victoria Mendez, City Attorney (Matter 23-917) DS pr BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 0 R CORPORATE RESOLUTION WHEREAS, Th ?,Y1 et9frirachnj, /r7L . , desires to enter into a Contract with the City of Miami for the purpose of performing the Work described in the Contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the L/tee. ire ider 7 (Type Title of Officer) Dcinle/ Ge i) , is hereby authorized and instructed to enter into (Type Name of Officer) a Contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed Contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of ArCh z , 20 13 . Corporate Secretary (Corporate Seal) Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe&Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Approved by Terry Quevado 04/03/2023 This is theront page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Narne: Bond Number: Berkley Insurance Company 475 Steamboat Road Greenwich, CT 06830 0230202 Contractor Name: Team Contracting, Inc. 13911 SW 42nd Street, Suite 209 Miami, FL 33175 Owner Name: City of Miami 444 SW 2nd Avenue Miami, FL 33130 Project Number: 21-22-022 Project Description: Shenandoah Mini -Park Right -of -Way Improvements Project Address: Miami, FL Legal Description of Property: Miami, FL This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Bond No. 0230202 FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We Team Contracting, Inc. , as Principal, hereinafter called Contractor, and Berkley Insurance Company , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of One Minion Eighty Seven Thousand Six Ilundred Thirty -Four and 03/100 Dollars ($ 1,087,634.03 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, BidSafe/Request for Quotation No. 21-22-022, SHENANDOAH MINI -PARK RIGHT-OF-WAY IMPROVEMENTS, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a Contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. Shenandoah Mini -Park Right of Way Improvements -- B-203518 BidSafelRequest for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 FORM OF PERFORMANCE BOND (Page 2 of 2) No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 041 day of "Rah , 20 23. WITNESSES: (Secretary) (CORPORATE SEAL) IN THE PRESENCE OF: : l- Genesis Ferrian By: By: Team Contracting, Inc. (Nam - Corporation) 64,;)/, (Signature) A' j`C\ @�1 .r �(t 1;61t44 (Print Name and Title) RANCE COMPA Y: ley Isuy' C r: pany (Agnt and Attorney -in -Fact) Michael A. Bonet Address: 475 Steamboat Road Shenandoah Mini -Park Right of Way Improvements — B-203518 (Street) Greenwich, CT 06830 (City/State/Zip Code) Telephone No.: (203) 542-3800 \�SURANCC co 4 LAWPY BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Bond No. 0230202 FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We Team Contracting, Inc. as Principal, hereinafter called Contractor, and Berkely Insurance Company , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of One Million Eighty Seven Thousand Six Hundred Thirty -Four and 03/100Dollars ($ 1,087,634.03) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, BidSafe/Request for Quotation No. 21-22-022, SHENANDOAH MINI -PARK RIGHT-OF-WAY IMPROVEMENTS — B-203518, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials, and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) calendar days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) calendar days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255,05(2), or Section 95-11, Florida Statutes. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this pOh day of "9r-0 , 20-22 . WITNESSES: (Secretary) (CORPORATE SEAL) IN THE PRESENCE OF: Stefan Genesis Fenian Team Contracting, Inc. (Name of Corporation) B:4' Y (Signature) \j4 (Print Name and Title) By: URANCE COMPANY: etkiey`ns4rce i mpan (Aent and Attorne'°'- 'ac) Michael A. Bonet Address: 475 Steamboat Road `03RAN'F Shenandoah Mini -Park Right of Way Improvements — B-203518 (Street) Greenwich, CT 06830 (City/State/Zip Code) Telephone No.: (203) 542-3800 °FLAW11,0 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 No. BI-10071c-eI POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Roy V. Fabry or Michael A. Bonet of RSC Insurance Brokerage, Inc. of Miatni, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings,. recognizances, or .other suretyship obligations on behalf of the Company, and.to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued, iN WITNESS WHEREOF, the Company has caused these presents to.be signed and attested by its appropriate officers and its corporate seal hereunto affixed this loth day of Janu. i , 2021 Attest 5jMNc<� Berklr�v Insurance Company By By Ir Berman <- re Executive Vice President & Secretary Se STATE OF CONNECTILUT ) ) ss: COUNTY OR FAIRFIELD Sworn to before me, a Notary Public in the State of Connecticut, this 20th day of and Jeffrey M Hefter who are sworn to me to be the Executive Vice President respectively, of Berkley Insurance Company. MARGTA yup ' I' c t CONJNECTICLUT MY COMMISSION EXPIRE9 APHIL 30, 2024 after resident January , 2021 , by Ira S. Lederman Secretary, an�� r Vice President, /// '[j"J otary Public, State of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and-that-t authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of 48A4 f shed, is in full force and effect as of this date. der my band and seal of the Company, this day of Vincent P. Forte DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 From: Ouevedo, Terry To: Caseres. Luis; Gomez Jr., Francisco (Frank) Subject: RE: BidSafe/RFQ No. 21-22-022 Shenandoah Mini -Park Right -of -Way Improvements - Bond Approval for Team Contracting Date: Monday, April 3, 2023 7:58:02 AM Attachments: image003.pnq Luis The bond is adequate. Regards, y. 11 ,Jieu ec7 City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax TquevedoPmiamigov.com -:Sews y, S utacc y, atird 7140 a1rf c4 arrz earsusuta it From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Monday, April 3, 2023 7:54 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Subject: FW: BidSafe/RFQ No. 21-22-022 Shenandoah Mini -Park Right -of -Way Improvements - Bond Approval for Team Contracting Good morning, Please review and approve. Best regards. Lw14-Cctisere-- Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 CERTIFICATE AS TO CORPORATE PRINCIPAL 1, Rociol-fo C. Ayah , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that low ( G_N , who signed the Bond(s) on behalf of the Principal, was then 11J'c� P`trl dtni- of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. CZSecretary (on behalf o 7ect eo n a44C 7L7 . /nc . Corporation STATE OF FlartcI q COUNTY OF %ntchim ' --bode- ) Ipg111/111,/ $;r U 't `A:, (SEAL) 11"m` Zee_ ' SEAL • • " e e L • 5‘ Flod #14.4'#ulnarivaa"s I`I Before me, a Notary Public duly commissioned, qualified and acting personally, appeared Addy 1Io L. Aycitify to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and sworn to before me this g>rh day of in Arc II , 20 23 . My commission expires: 3/ 1;/002A Notary Public, State of Flor1'dcr at Large Bonded by 4Y'4i4,, ELAINE QUESADA io < Notary Public -State of Florida 1 • Commission # HH 353916 +' I T'O�' My Commission Expires ��n«++` March 17, 2027 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 DAVIS-BACON - SHENANDOAH MINI -PARK RIGHT- OF -WAY WAGE DETERMINATION "General Decision Number: FL20220125 02/25/2022 Superseded General Decision Number: FL20210125 State: Florida Construction Type: Heavy County: Miami -Dade County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). IIf the contract is entered (into on or after January 30, 12022, or the contract is (renewed or extended (e.g., an (option is exercised) on or (after January 30, 2022: 1 1 1 1 1 1 1 . Executive Order 14026 generally applies to the contract. . The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. IIf the contract was awarded onl. Ior between January 1, 2015 and (January 29, 2022, and the (contract is not renewed or I. (extended on or after January 130, 2022: 1 1 1 Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed) on this wage determination,( if it is higher) for all 1 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/25/2022 ELEC0349-007 09/01/2021 Rates Fringes ELECTRICIAN $ 37.61 11.72 ENGI0487-017 07/01/2013 Rates Fringes OPERATOR: Backhoe (Except Loader Combo) $ 28.32 8.80 OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static - Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over (Must have 2 operators); Cranes with 3 Drums (When 3rd drum is rigged for work); Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 not more than 50 Tons (Without Oiler/Apprentice); Hydro/Friction Cranes without Oiler/Apprentices when Approved by Union; & All Type of Flying Cranes; Boom Truck $ 29.05 8.80 Cranes with Boom Length Less than 150 Feet (With or without jib); Hydro Cranes 25 Tons & Under, & Over 50 Tons (With Oiler/Apprentice); Boom Truck $ 28.32 8.80 OPERATOR: Drill $ 25.80 8.80 OPERATOR: Loader $ 25.64 8.80 OPERATOR: Oiler $ 22.99 8.80 IRON0272-005 10/01/2021 Rates Fringes IRONWORKER, STRUCTURAL $ 26.00 14.16 LABO1652-004 05/01/2018 Rates Fringes LABORER: Grade Checker $ 22.05 7.27 PAIN0365-007 06/01/2021 Rates Fringes PAINTER: Brush, Roller and Spray $ 20.21 12.38 * SUFL2009-164 06/24/2009 Rates Fringes CARPENTER, Includes Form Work$ 17.00 2.51 CEMENT MASON/CONCRETE FINISHER$ 16.61 5.52 LABORER: Common or General $ 13.09 ** 1.26 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 LABORER: Landscape $ 7.25 ** 0.00 LABORER: Power Tool Operator (Hand Held Drills/Saws, Jackhammer and Power Saws Only) $ 10.63 ** 2.20 OPERATOR: Asphalt Paver $ 11.59 ** 0.00 OPERATOR: Backhoe Loader Combo $ 16.10 2.44 OPERATOR: Bulldozer $ 14.95 ** 0.81 OPERATOR: Excavator $ 21.16 1.67 OPERATOR: Grader/Blade $ 16.00 2.84 OPERATOR: Mechanic $ 14.32 ** 0.00 OPERATOR: Roller $ 10.95 ** 0.00 OPERATOR: Scraper $ 11.00 ** 1.74 OPERATOR: Trackhoe $ 20.92 5.50 OPERATOR: Tractor $ 10.54 ** 0.00 TRUCK DRIVER, Includes Dump Truck $ 9.60 ** 0.00 TRUCK DRIVER: Lowboy Truck $ 12.73 ** 0.00 TRUCK DRIVER: Off the Road Truck $ 12.21 ** 1.97 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information. Shenandoah Mini -Park Right of Way Improvements - B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four-letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. Shenandoah Mini -Park Right of Way Improvements — B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" Shenandoah Mini -Park Right of Way Improvements - B-203518 BidSafe/Request for Quotation No. 21-22-022 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 (tritu of Thxmi ADDENDUM No. 1 October 7, 2022 BIDSAFE/REQUEST FOR QUOTATION (RFQ) NO. 21-22-022 SHENANDOAH MINI -PARK RIGHT-OF-WAY IMPROVEMENTS TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned BidSafe/Request for Quotation ("RFQ") and shall become an integral part of the bid submitted and the Contract to be executed for BidSafe/RFQ No. 21-22-022, Shenandoah Mini -Park Right - of -Way Improvements (the "Project"). The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. MODIFICATIONS: 1. The Not -To -Exceed (NTE) Due Date has been extended from Monday, October 10, 2022, at 4:00 p.m. to Monday, October 17, 2022, at 4:00 p.m. Bid packages MUST be submitted through the eGordian platform. 2. "Item A" of the "Minimum Requirements" is hereby deleted and replaced with the following text: "Have a current Certified General Contractor ("CGC") license from the State of Florida AND have a minimum of five (5) years' experience under its current business name;" 3. The second paragraph of "Section 3, BidSafe/Request for Quotation/Supplemental Terms and Conditions, Provision 1, Contract Time and Hours," is hereby deleted and replaced with the following text: "Contractor shall have one hundred twenty (120) calendar days from the date of the Notice to Proceed to achieve Substantial Completion. Contractor shall then have an additional thirty-five (35) calendar days from the date of Substantial Completion to achieve Final Completion of the Project." 4. Location for the Project is open and accessible to the public. Prospective Bidders are encouraged to visit the site individually. REQUESTS FOR INFORMATION - SINCE ISSUANCE OF BIDSAFE/RFQ: Q1. Will the City of Miami (City) consider reducing the "10-years' experience under the current business name" requirement to "5-years' experience under the current business name?" Al. Please see Modification 2, above. Q2. Can a Contractor have a Certified Underground Contractors License and a Certified Builders License to bid on this project, if the Company and Team shows years of experience in similar scope and magnitude? A2. No, the Certified General Contractor license requirement shall remain as stated. DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Q3. Please provide the Engineers estimate on this project? A3. Please see attached the Engineer of Record's (EOR) Opinion of Probable Cost. Q4. Please confirm Davis -Bacon wages are applicable. A4. Confirmed. The Davis -Bacon Wage Rate Decision number FL20220125 02/25/2022, found on page 116 of the Supplemental Terms and Conditions of the bid document is applicable. Q5. Please clarify Item No. 36: As -Built Drawings of the bid sheet? A5. Please refer to Supplemental Terms and Conditions of the bid document, Section 2 — Bids/Request For Quotation General Terms and Conditions, Provision 60, As -Built Drawings for details. Q6. Which line items from the bid sheet are to be used to account for swale restoration? A6. Swale restoration items shall be paid for under Pay Item #570-1-2 (Performance Turf). See Pay Item Note on Sheet No. 8 directing Contractor to follow Florida Department of Transportation (FDOT) Specification 570. Q7. Does the bid sheet contain a line item for temporary striping? A7. Please refer to the following note at the bottom of the Bid Sheet: "For Items 31-33 include in the cost of the thermoplastic pavement markings the cost to furnish and install any and all corresponding temporary paint markings needed." Q8. Please confirm that Owners Contractors Protective (OCP) Insurance coverage is applicable. A8. Confirmed. Please refer to Supplemental Terms and Conditions of the bid document, Section 2, Provision 7, Insurance, Item: 7.7 Owners Contractors Protective (OCP). ATTACHMENTS: ■ EOR's Opinion of Probable Cost. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department Shenandoah Mini -Park Right -of -Way Improvements BidSafe/RFQ No. 21-22-022 2 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 (tritu of Tharni ADDENDUM No. 2 October 17, 2022 BIDSAFE/REQUEST FOR QUOTATION (RFQ) NO. 21-22-022 SHENANDOAH MINI -PARK RIGHT-OF-WAY IMPROVEMENTS TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned BidSafe/Request for Quotation ("RFQ") and shall become an integral part of the bid submitted and the Contract to be executed for BidSafe/RFQ No. 21-22-022, Shenandoah Mini -Park Right - of -Way Improvements (the "Project"). The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. MODIFICATIONS: 1. The Not -To -Exceed (NTE) Due Date has been extended from Monday, October 17, 2022, at 4:00 p.m. to Friday, October 21, 2022, at 4:00 p.m. Bid packages MUST be submitted through the eGordian platform. ATTACHMENTS: ■ Revised Bid Sheet THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. iJ for Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V, City Manager Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement [2DocuSigned by: 1-7,1"-A-e-46- I 7 1 CFA2301 DA754FF... DATE: February 28, 2023 SUBJECT: Recommendation for Award of a Construction Contract for Shenandoah Mini -Park Right -of -Way Improvements - Project No. 203518 REFERENCES: BidSafe/Request for Quotation ("RFQ") No. 21-22-022 ENCLOSURES: Bid Security List, Contractor's Price Proposal RECOMMENDATION: Based on the findings below, the City of Miami ("City") Department of Procurement ("Procurement") hereby recommends that the referenced contract be awarded to Team Contracting, Inc. ("TCI"), who has been deemed the lowest responsive and responsible Bidder for BidSafe/RFQ No. 21-22-022, Shenandoah Mini - Park Right -of -Way Improvements — Project No. 203518 (the "Project"). BACKGROUND: On September 9, 2022, Procurement issued a BidSafe solicitation through Sourcewell under full and open competition to obtain bids from qualified firms. On October 21, 2022, Procurement received three (3) bids in response to the solicitation (see attached Bid Security List). Pursuant to the solicitation, Bidders were required to have a) a current Certified General Contractor ("CGC") license from the State of Florida AND have a minimum of five (5) years' experience under its current business name; b) experience as the Prime Contractor for at least three (3) completed projects of similar scope and complexity within the last ten (10) years. The General Contractor had to i) demonstrate a proven track record of coordination of the trades required for structural, mechanical, plumbing, and electrical work required for the construction activities, and ii) have been the General Contractor for the project while self -performing at least thirty percent (30%) of the physical labor construction work for the project. FINDINGS: Procurement conducted the review of TCI's bid following the guidelines published in the solicitation. As a result of such effort, TCI was deemed responsive and compliant with the minimum requirements stipulated in the "Notice to Contractors" and demonstrated the required prior experience in projects of comparable size, scope, and complexity similar to the ones to be completed for the Project. Accordingly, TCI was deemed the lowest responsive and responsible Bidder. The City's Office of Capital Improvements ("OCI") reviewed and evaluated TCI's bid and compared it with RS&H's (the "EOR") construction cost estimate. OCI discussed line items that exceeded RS&H's construction cost estimate with the EOR. On November 15, 2022, OCI accepted TCI's bid proposal as reasonable based on current market conditions in the construction industry and the EOR's recommendation that the Project should be awarded to TCI. However, on December 22, 2022, after an accounting error was found on Line Item No. 17 of the Contractor's Price Proposal, Procurement requested clarification from TCI on the error. On January 4, 2023, TCI provided the requested clarification information. PR23041 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Page 2 - Recommendation of Award of BidSafe/RFQ No. 21-22-022, Shenandoah Mini -Park Right -of -Way Improvements Arthur Noriega V, City Manager Based on the above findings, Procurement hereby recommends that the Project be awarded to TCI as shown below: TEAM CONTRACTING, INC. BID ITEMS SHENANDOAH MINI -PARK RIGHT-OF-WAY IMPROVEMENTS Total Lump Sum Bid Phase 1 $676,758.21 Total Lump Sum Bid Phase 2 $312,000.00 Ten Percent (10%) Owner's Contingency $98,875.82 TOTAL CONTRACT AWARD VALUE $1,087,634.03 CONTRACT EXECUTION: Accordingly, Procurement hereby requests authorization to prepare and execute a contract with TCI for a total not -to -exceed contract value of $1,087,634.03, which includes TCI's total Lump Sum Bid for Phases 1 and 2 in the not -to -exceed amount of $988,758.21, and a ten percent (10%) Owner's Contingency Allowance in the not -to -exceed amount of $98,875.82. Your signature below indicates your approval of Procurement's recommendation. r:ocuSigned by: Approved: N0�`� `�` art6raer c„,rfi Arthur Noriega V, City Manager Date: March 16, 2023 1 14:27:22 EDT c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Natasha S. Colebrook -Williams, Assistant City Manager Pablo R. Velez, Sr. Assistant City Attorney Hector Badia, Interim Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement PR23041 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 BID ITEM: CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST B-203518 Shenandoah Mini -Park Right of Way Improvements BidSafe Addendum 2 for Immediate Release BID NUMBER: RFQ No. 21-22-022 DATE BID OPENED: October 21, 2022 TIME: 4:00 p.m. BIDDER BID TOTAL BID BOND (ER) AMOUNT CASHIER'S CHECK Team Contracting, Inc. $ 988,758.21 5% Harbour Construction, Inc. $ 1,033,716.75 5% David Mancini & Sons, Inc. $ 1,499,025.07 5% cl?:--,:g' e II:3r r',, ..:, '::••••"::!.':L:.:,3, `:::•:,1 ''::L-- .::: 'z':,) ....-- lievz.shv re'kz,Fsied az i" ..„.......,.—_-____ „.....____ .,..;.:.; Lil:::', ______________ _________-_,-,...•..._—____ • ,,•,,,,,,!:!-.-:;nv4;-,,s::,177•!: - ; ..._... --' Person Receiving Bid(s) On: Today's Date Received (3 ) bid(s) on behalf: Procurement City D airtme tj Deputy City Clerk PREPARED BY: DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 BID SHEET Shenandoah Mini -Park Right -of -Way Improvements City of Miami Project B-203518 ITEM PAY ITEM NO. ROADWAY QUANTITIES I DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 1 0101- 1 MOBILIZATION LS 1 $ 36,565.10 $ 36,565.10 2 0102- 1 MAINTENANCE OF TRAFFIC LS 1 $ 30,470.91 $ 30,470.91 3 104-10-3 FURNISH, INSTALL, AND MAINTAIN SEDIMENT BARRIER LF 282 $ 7.31 $ 2,061.42 4 104-18 FURNISH, INSTALL, AND MAINTAIN INLET PROTECTION SYSTEM EA 13 $ 243.77 $ 3,169.01 5 110-1-1 CLEARING & GRUBBING AC 0.63 $ 42,659.28 $ 26,875.35 6 110-4-10 REMOVAL OF EXISTING CONCRETE SY 1016 $ 21.94 $ 22,285.12 7 110-21 FURNISH AND INSTALL TREE PROTECTION BARRIER (24" DEPTH) LF 96 $ 60.94 $ 5,850.24 8 110-23 TREE REMOVAL EA 6 $ 1,950.14 $ 11,700.84 9 120-1 REGULAR EXCAVATION CY 779 $ 14.63 $ 11,398.82 10 120-6 EMBANKMENT CY 38 $ 36.57 $ 1,406.12 11 160-4 TYPE B STABILIZATION SY 2068 $ 9.75 $ 20,158.13 12 285-706 FURNISH AND INSTALL 8" THICK LIMEROCK BASE COURSE SY 1766 $ 43.88 $ 77,505.24 13 334-1-11 FURNISH AND INSTALL SUPERPAVE ASPHALTIC CONC, TRAFFIC A TN 182 $ 353.46 $ 64,329.72 14 337-7-80 FURNISH AND INSTALL ASPHALTIC CONCRETE FRCITION COURSE, TRAFFIC B, FC-9.5 (1"), PG 76-22 TN 182 $ 353.46 $ 64,329.72 15 425-1-203 FURNISH AND INSTALL CITY OF MIAMI CURB AND GUTTER INLET, LESS THAN 10 FT DEPTH EA 9 $ 7,313.02 $ 65,817.18 16 425-1-204 FURNISH AND INSTALL CITY OF MIAMI CURB AND GUTTER INLET, GREATER THAN 10 FT DEPTH EA 1 $ 8,775.62 $ 8,775.62 17 425-1-711 FURNISH AND INSTALL CITY OF MIAMI CURB AND GUTTER TYPE V VALLEY GUTTER EA 1 $ 8,283.99 $ 8,283.99 18 425-2-61 FURNISH AND INSTALL CITY OF MIAMI MANHOLES, LESS THAN 10 FT DEPTH EA 6 $ 10,238.23 $ 61,429.38 19 425-5 MANHOLE, ADJUST LS 1 $ 2,803.32 $ 2,803.32 20 425-6 VALVE BOXES, ADJUST LS 1 $ 1,828.25 $ 1,828.25 21 430-174-118 FURNISH AND INSTALL PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 18 INCH DIAMETER, SOLID PIPE LF 93 $ 115.79 $ 10,768.47 22 443-70-4 FURNISH AND INSTALL FRENCH DRAIN, 24 INCH DIAMETER LF 448 $ 268.14 $ 120,126.72 23 520-1-10 FURNISH AND INSTALL CONCRETE CURB AND GUTTER, TYPE F LF 1116 $ 49.36 $ 55,062.56 24 520-3 FURNISH AND INSTALL VALLEY GUTTER -CONCRETE LF 231 $ 42.66 $ 9,835.26 25 522-2 FURNISH AND INSTALL CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK SY 986 $ 87.76 $ 86,542.77 26 570-1-2 FURNISH AND INSTALL PERFORMANCE TURF, SOD SY 926 $ 12.19 $ 11,287.94 27 700-1-11 FURNISH AND INSTALL SINGLE POST SIGN, GROUND MOUNT, UP TO 12 SQUARE FEET EA 6 $ 914.13 $ 5,484.78 28 700-1-50 SNGLE POST SIGN, RELOCATE AS 5 $ 304.71 $ 1,523.55 29 700-1-60 SINGLE POST SIGN, REMOVE AS 2 $ 182.83 $ 365.66 30 706-1-1 FURNISH AND INSTALL RAISED PAVEMENT MARKER, TYPE B WITHOUT FINAL SURFACE MARKINGS EA 28 $ 36.57 $ 1,023.96 31 711-11-123 FURNISH AND INSTALL THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR CROSSWALK LF 242 $ 10.97 $ 2,652.88 32 711-11-125 FURNISH AND INSTALL THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE AND CROSSWALK LF 263 $ 19.50 $ 5,133.38 33 711-16-101 FURNISH AND INSTALL THERMOPLASTIC PAVEMENT MARKING, STANDARD -OTHER SURFACES, WHITE, SOLID GM 0.3 $ 24,376.73 $ 6,330.64 34 711-16-201 FURNISH AND INSTALL THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SOLID 6" GM 0.01 $ 85,318.56 $ 853.19 35 1080-21-500 UTILITY FIXTURE, METER BOX, ADJUST LS 1 $ 14,626.04 $ 14,626.04 36 PROJECT AS -BUILT DRAWINGS AND ALL OTHER NEEDED CLOSE-OUT DOCUMENTATION LS 1 $ 14,626.04 $ 14,626.04 37 ISA ARBORIST SERVICES LS 1 12,188.370 $ 12,188.37 38 DEMOBILIZATION LS 1 18,282.550 $ 18,282.55 Subtotal Items 1 - 38 $ 903,758.21 39 PERMITTING ALLOWANCE PER SUPPLEMENTAL TERMS AND CONDITIONS LS 1 $ 25,000.00 40 ALLOWANCE FOR OFF -DUTY POLICE OFFICER PER SUPPLEMENTAL TERMS AND CONDITIONS LS 1 $ 60,000.00 Subtotal Items 39-40 $ 85,000.00 Grand Total Items 1-40 $ 988,758.21 For Items 31-33 include in the cost of the thermoplastic pavement markings the cost to furnish and install arty and all corresponding temporary paint markings needed. The basis of award is the Grand Total for Items 1- 40 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 AccoRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/8/2023 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 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 RSC Insurance Brokerage, Inc. 3350 S Dixie Hwy Miami FL 33133 CONTACT NAME: AX (A/C,NIJo, Ext): (305)446-2271 (A/C,No): E-MAIL MIA-Certificates@risk-strategies.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:FCCI Insurance Co 10178 INSURED Team Contracting, Inc. 13911 SW 42nd Street, Ste 209 Miami FL 33175 INSURER B INSURERC: INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:CL225971713 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. LTRINSR TYPE OF INSURANCE DDL IANSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X GL100057652-02 Approved by Terry Quevado 5/12/2022 04/03/2023 5/12/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE PREMISES (Ea occurrence) $ 100,000 X XCU Included MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENII AGGREGATE POLICY OTHER: X LIMIT APPLIES PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS X CA100057653-02 5/12/2022 5/12/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE X UM3100057654-02 5/12/2022 5/12/2023 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? pI (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A y WC0100069174-02 5/12/2022 5/12/2023 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Miami is Additional Insured with respects to General Liability on a Primary and Non -Contributory basis, including Completed Operations when required by written contract. As well as Additional Insured with respects to Auto Liability when required by written contract. Waiver of Subrogation is granted in favor of the Additional Insured with respects to Workers Compensation when required by written contract. 30 Days Notice of Cancellation applies, except 10 days for non-payment. Contingent and Contractual Liability are included. Umbrella follows form. CERTIFICATE HOLDER CANCELLATION City of Miami Procurement Department 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 I 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 R Ins. Brokerage/ALRL -rt ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 POLICY NUMBER: GL100057652-02 COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. "Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV — Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 COMMERCIAL AUTO CAU 058 (05 19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II — COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g• Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 COMMERCIAL AUTO CAU 058 (05 19) h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a total maximum of $1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 COMMERCIAL AUTO CAU 058 (05 19) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the "loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such 'loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 COMMERCIAL AUTO CAU 058 (05 19) (3) Glass damage if repaired rather than replaced. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or "loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2018 FCCI Insurance Group. Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 COMMERCIAL LIABILITY UMBRELLA CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and 'your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words 'We", "us" and "our" refer to the company providing this insurance. The word 'insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERAGES COVERAGE A —BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the "ultimate net loss" in excess of the "retained limit" because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking damages for such "bodily injury" or "property damage" when the "underlying insurance" does not provide coverage or the limits of "underlying insurance" have been exhausted. When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other "suit" seeking damages to which this insurance may apply. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. At our discretion, we may investigate any "occurrence" that may involve this insurance and settle any resultant claim or "suit" for which we have the duty to defend. But: (1) The amount we will pay for the "ultimate net loss" is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages Aor B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" or "property damage" that is subject to an applicable "retained limit". If any other limit, such as a sublimit, is specified in the "underlying insurance", this insurance does not apply to "bodily injury" or "property damage" arising out of that exposure unless that limit is specified in the Declarations under the Schedule of "underlying insurance". c. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and Prior to the policy period, no insured listed under Paragraph 1.a. of Section II —Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. d. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1.a. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. (3) CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 18 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 e. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section II —Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. f. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an 'insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an 'insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same 'insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage" involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid "underlying insurance" for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" and "property damage". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this i nsurance. (3) Page 2 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 (ERISA), and any amendments thereto or any similar federal, state or local statute. f. Auto Coverages (1) "Bodily injury" or "property damage" arising out of the ownership, maintenance or use of any "auto" which is not a "covered auto"; or (2) Any loss, cost or expense payable under or resulting from any first -party physical damage coverage; no-fault law; personal injury protection or auto medical payments coverage; or uninsured or underinsured motorist law. g. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an 'insured contract". With respect to injury arising out of a "covered auto", this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits. For the purposes of this insurance, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid "underlying insurance" for the employer's liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the employer's liability risks described above will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. h. Employment -related Practices "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, disci pline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment -related practices described in Paragraph (a), (b), or (c) above is directed. This exclusion applies whether the injury - causing event described in Paragraph (a), (b) or (c) above occurs before employment, during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. i. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time; or (2) "Pollution cost or expense". CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 18 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 This exclusion does not apply if valid "underlying insurance" for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" and "property damage". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. j. Aircraft Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (4) The extent that valid "underlying insurance" for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" or "property damage". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions, exclusions and limitations that are contained in the "underlying insurance", unless otherwise directed by this insurance; or (3) (5) Aircraft that is: (a) Chartered by, loaned to, or hired by you with a paid crew; and (b) Not owned by any insured. k. Racing Activities "Bodily injury" or "property damage" arising out of the use of "mobile equipment" or "autos" in, or while in practice for, or while being prepared for, any prearranged professional or organized racing, speed, demolition, or stunting activity or contest. I. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. m. Damage To Property "Property damage" to: (1) Property: (a) You own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; or (b) Owned or transported by the insured and arising out of the ownership, maintenance or use of a "covered auto". (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Property loaned to you; (3) (3) (4) Personal property in the care, custody or control of the insured; That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (5) Page 4 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 (6) That particular part of any property that must be restored, repaired or replaced because 'your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (1)(b), (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". n. Damage To Your Product "Property damage" to 'your product" arising out of it or any part of it. o. Damage To Your Work "Property damage" to 'your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. p. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to 'impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in 'your product" or 'your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to 'your product" or 'your work" after it has been put to its intended use. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: q• (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. r. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". s. Professional Services "Bodily injury" or "property damage" due to rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications; Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager; Engineering services, including related supervisory or inspection services; Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; Any health or therapeutic service treatment, advice or instruction; Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; (8) Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (10) Body piercing services; (11) Services in the practice of pharmacy; (12) Law enforcement or firefighting services; and (3) (4) (5) (6) (7) (9) (13) Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 18 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN- SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", involved the rendering of or failure to render any professional service. t. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid "underlying insurance" for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" and "property damage". The insurance provided under this Coverage Part will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. u. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) (3) COVERAGE B —PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the "ultimate net loss" in excess of the "retained limit" because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking damages for such "personal and advertising injury" when the "underlying insurance" does not provide coverage or the limits of "underlying insurance" have been exhausted. When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other "suit" seeking damages to which this insurance may apply. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. At our discretion, we may investigate any offense that may involve this insurance and settle any resultant claim or "suit" for which we have the duty to defend. But: (1) The amount we will pay for the "ultimate net loss" is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages Aor B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments —Coverages A and B. b. This insurance applies to "personal and advertising injury" that is subject to an applicable "retained limit". If any other limit, such as a sublimit, is specified in the "underlying insurance, this insurance does not apply to "personal and advertising injury" arising out of that exposure unless that limit is specified in the Declarations under the Schedule of "underlying insurance". c. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. Page 6 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 2. Exclusions This insurance does not apply to: a. "Personal and advertising injury": (1) Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". (2) Material Published With Knowledge Of Falsity Arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. (4) Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (a) Liability for damages that the insured would have in the absence of the contract or agreement. (b) Liability for false arrest, detention or imprisonment assumed in a contract or agreement. (6) Breach Of Contract Arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". Quality Or Performance Of Goods —Failure To Conform To Statements Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". (8) Wrong Description Of Prices Arising out of the wrong description of the price of goods, products or services stated in your "advertisement". (3) (5) (7) (9) Infringement Of Copyright, Patent, Trademark Or Trade Secret Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. (10) Insureds In Media And Internet Type Businesses Committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. (11) Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. (12) Unauthorized Use Of Another's Name Or Product Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. (13) Pollution Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 18 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 (14) Employment -related Practices To: (a) A person arising out of any: (i) (ii) Termination of that person's employment; or (iii) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or Refusal to employ that person; (b) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment -related practices described in Paragraph (i), (ii) or (iii) above is directed. This exclusion applies whether the injury - causing event described in Paragraph (i), (ii) or (iii) above occurs before employment, during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (15) Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (a) Legal, accounting or advertising services; (b) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications; (c) Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager; (d) Engineering services, including related supervisory or inspection services; (e) Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; (f) (g) Any health or therapeutic service treatment, advice or instruction; Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; (h) Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (i) (J) (k) Services in the practice of pharmacy; Body piercing services; Law enforcement or firefighting services; and Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional service. (16) War However caused, arising, directly or indirectly, out of: (a) War, including undeclared or civil war; (b) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (c) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. (I) (m) Page 8 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 0413 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 (17) Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate: (a) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (b) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (c) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA) ; or (d) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. b. "Pollution cost or expense". SUPPLEMENTARY PAYMENTS —COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend, when the duty to defend exists: a. All expenses we incur. b. Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "occurrence" we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. When we have the right but not the duty to defend the insured and elect to participate in the defense, we will pay our own expenses but will not contribute to the expenses of the insured or the "underlying insurer". 3. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an 'insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same 'insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: g• (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 18 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 (3) (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —WHO IS AN INSURED 1. Except for liability arising out of the ownership, maintenance or use of "covered autos": a. If you are designated in the Declarations as: (1) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. (4) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (5) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. b. Each of the following is also an insured: (1) Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (a) "Bodily injury" or "personal and advertising injury": (i) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co - "employee" in the course of his or her employment or performing duties related to the conduct of your business or to your other "volunteer workers" while performing duties related to the conduct of your business; (ii) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (a)(i) above; or (iii) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (a)(i) or (ii) above. (b) "Property damage" to property: (i) Owned, occupied or used by; (ii) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). (2) Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. Page 10 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; and (b) Until your legal representative has been appointed. (4) Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: (1) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership, maintenance or use of "covered autos": a. You are an insured. b. Anyone else while using with your permission a "covered auto" you own, hire or borrow is also an insured except: (1) The owner or anyone else from whom you hire or borrow a "covered auto". This exception does not apply if the "covered auto" is a trailer or semitrailer connected to a "covered auto" you own. (2) Your "employee" if the "covered auto" is owned by that "employee" or a member of his or her household. Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) Coverage Adoes not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) (3) (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a "covered auto". A partner (if you are a partnership), or a member (if you are a limited liability company) for a "covered auto" owned by him or her or a member of his or her household. (6) "Employees" with respect to "bodily injury" to: (a) Any fellow "employee" of the insured arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or (b) The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph (a) above. c. Anyone liable for the conduct of an insured described above is also an insured, but only to the extent of that liability. 3. Any additional insured under any policy of "underlying insurance" will automatically be an insured under this insurance. Subject to Section III — Limits Of Insurance, if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement, less any amounts payable by any "underlying insurance"; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the "underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. (5) CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 18 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 SECTION III —LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made, "suits" brought, or number of vehicles involved; or c. Persons or organizations making claims or bringing "suits". 2. The Aggregate Limit is the most we will pay for the sum of all "ultimate net loss" under: a. Coverage A, except "ultimate net loss" because of "bodily injury" or "property damage" arising out of the ownership, maintenance or use of a "covered auto"; and b. Coverage B. 3. Subject to Paragraph 2. above, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and "property damage" arising out of any one "occurrence". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all "ultimate net loss" because of all "personal and advertising injury" sustained by any one person or organization. 5. If there is "underlying insurance" with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part, the "retained limit(s)" will only be reduced or exhausted by payments for: a. "Bodily injury" or "property damage" which occurs during the policy period of this Coverage Part; or b. "Personal and advertising injury" for offenses that are committed during the policy period of this Coverage Part. However, if any "underlying insurance" is written on a claims -made basis, the "retained limit(s)" will only be reduced or exhausted by claims for that insurance that are made during the policy period, or any Extended Reporting Period, of this Coverage Part. The Aggregate Limit, as described in Paragraph 2. above, applies separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV —CONDITIONS 1. Appeals If the "underlying insurer" or insured elects not to appeal a judgment in excess of the "retained limit", we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section III —Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the "underlying insurer" will not relieve us of our obligations under this Coverage Part. However, this insurance will not replace the "underlying insurance" in the event of bankruptcy or insolvency of the "underlying insurer". This insurance will apply as if the "underlying insurance" were in full effect. 3. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practi cable. c. You and any other involved insured must: (3) (1) Immediately send us copies demands, notices, summonses papers received in connection claim or "suit"; of any or legal with the Page 12 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 (2) Authorize us to obtain records and other information; Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 4. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. b. When this insurance is excess over other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (3) (2) The total of all deductible and seNnsured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 18 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 10. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 11. Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until: a. The insured or insured's "underlying insurer" has become obligated to pay the "retained limit"; and b. The obligation of the insured to pay the "ultimate net loss" in excess of the "retained limit" has been determined by a final settlement or judgment or written agreement among the insured, claimant and us. 12. Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements, the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or "suits" seeking damages to which this insurance applies which would have been covered by the "underlying insurance" had the applicable limit not been used up. 13. Maintenance Of/Changes To Underlying Insurance Any "underlying insurance" must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such "underlying insurance" that results from payment of claims, settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain "underlying insurance". Failure to maintain "underlying insurance" will not invalidate insurance provided under this Coverage Part, but insurance provided under this Coverage Part will apply as if the "underlying insurance" were in full effect. If there is an increase in the scope of coverage of any "underlying insurance during the term of this policy, our liability will be no more than it would have been if there had been no such increase. You must notify us in writing, as soon as practicable, if any "underlying insurance" is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any "underlying insurance" is changed. 14. Expanded Coverage Territory a. If a "suit" is brought in a part of the "coverage territory" that is outside the United States of America (including its territories and possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from defending the insured, the insured will initiate a defense of the "suit". We will reimburse the insured, under Supplementary Payments, for any reasonable and necessary expenses incurred for the defense of a "suit" seeking damages to which this insurance applies, that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the "coverage territory" that is outside the United States of America (including its territories and possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from paying such sums on the insured's behalf, we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America (including its territories and possessions), Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law, regulation or other governmental authority during the policy period, except for reduction of the aggregate limits due to payments of claims, judgments or settlements. Failure to maintain such coverage required by law, regulation or other governmental authority will not invalidate this insurance. However, this insurance will apply as if the required coverage by law, regulation or other governmental authority was in full effect. Page 14 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". 4. "Coverage territory" means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. "Covered auto" means only those "autos" to which "underlying insurance" applies. 6. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 7. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 8. "Impaired property" means tangible property, other than "your product" or 'your work", that cannot be used or is less useful because: a. It incorporates "your product" or 'your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of 'your product" or "your work", or your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an 'insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an 'insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or g• CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 18 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 (3) That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a "covered auto" over a route or territory that person or organization is authorized to serve by public authority. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or Infringing upon another's copyright, trade dress or slogan in your "advertisement". g• Page 16 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 0413 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Pollution cost or expense" means any loss, cost or expense arising out of any: a. Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". 17. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of 'your product" or 'your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, 'your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 18. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. With respect to the ownership, maintenance or use of "covered autos", property damage also includes "pollution cost or expense", but only to the extent that coverage exists under the "underlying insurance" or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance, with respect to other than the ownership, maintenance or use of "covered autos", electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 19. "Retained limit" means the available limits of "underlying insurance scheduled in the Declarations or the "selNnsured retention", whichever applies. 20. "Self -insured retention" means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to "occurrences" or offenses not covered by the "underlying insurance. The "self - insured retention" does not apply to "occurrences" or offenses which would have been covered by "underlying insurance" but for the exhaustion of applicable limits. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 17 of 18 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the "underlying insurer's" consent. 22.'Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 23. "Ultimate net loss" means the total sum, after reduction for recoveries or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the "underlying insurer's" consent. 24. "Underlying insurance" means any policies of insurance listed in the Declarations under the Schedule of "underlying insurance". 25. "Underlying insurer" means any insurer who provides any policy of insurance listed in the Schedule of "underlying insurance". 26.'Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 27. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of 'your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of 'your work"; and (2) The providing of or failure to provide warnings or instructions. Page 18 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 Insured Copy DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 From: Ouevedo, Terry To: Caseres. Luis; Gomez Jr., Francisco (Frank) Subject: RE: COI - Team Contracting Date: Monday, April 3, 2023 9:51:42 AM Attachments: imaae005.onq Luis The COI is adequate. Regards. City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax TquevedoPmiamigov.com -S'erarry, S utacc y, atird 7140¢calaury ara gamourArc From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Monday, April 3, 2023 9:36 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Subject: COI -Team Contracting Importance: High Good morning, Please review and approve. Best regards, LLt i%C e'sr Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 4 (305) 400-5335 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Detail by Entity Name DIVISION OF CORPORATIONS VB1.91117/ .?/11Jim/�org o PE)P A rrrltr l2 an Okla! :ilia? of !!Maki sveb iie Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation TEAM CONTRACTING, INC. Filing Information Document Number P00000041586 FEI/EIN Number 65-1002254 Date Filed 04/25/2000 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/24/2015 Event Effective Date NONE Principal Address 13911 S.W. 42ND STREET SUITE 209 MIAMI, FL 33175 Changed: 05/24/2007 Mailing Address 13911 S.W. 42ND STREET SUITE 209 MIAMI, FL 33175 Changed: 05/24/2007 Registered Agent Name & Address AYAN, RODOLFO L 1360 PELICAN AVE NAPLES, FL 34102 Name Changed: 05/24/2007 Address Changed: 01/05/2012 Officer/Director Detail Name & Address Title VSTD https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=TEAMCO.. 1/3 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 AYAN, RODOLFO L 1360 PELICAN AVE NAPLES, FL 34102 Title PD BATISTA, JULIO C 13911 SW 42nd Street 209 MIAMI, FL 33175 Title V GELL, DANIELA 13911 S.W. 42ND STREET SUITE 209 MIAMI, FL 33175 Annual Reports Report Year Filed Date 2021 01/13/2021 2022 02/01/2022 2023 01/30/2023 Document Images 01/30/2023 --ANNUAL REPORT 02/01/2022 -- ANNUAL REPORT 01/13/2021 --ANNUAL REPORT 01/17/2020 --ANNUAL REPORT 02/07/2019 --ANNUAL REPORT 02/19/2018 --ANNUAL REPORT 01/09/2017 --ANNUAL REPORT 01/27/2016 --ANNUAL REPORT 03/24/2015 -- Amendment 01/09/2015 --ANNUAL REPORT 01/20/2014 --ANNUAL REPORT 01/25/2013 --ANNUAL REPORT 01/05/2012 --ANNUAL REPORT 01/05/2011 --ANNUAL REPORT 01/14/2010 --ANNUAL REPORT 01/16/2009 --ANNUAL REPORT 01/17/2008 --ANNUAL REPORT 11 /09/2007 -- Amendment 07/19/2007 -- Amendment 05/24/2007 --Amendment and Name Change 01/09/2007 --ANNUAL REPORT 01/09/2006 --ANNUAL REPORT 01/06/2005 --ANNUAL REPORT View image in PDF format Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=TEAMCO.. 2/3 DocuSign Envelope ID: 14624701-4A47-43CD-9FE9-08D27C2F8A21 Detail by Entity Name 01/07/2004 --ANNUAL REPORT 03/03/2003 --ANNUAL REPORT 04/08/2002 --ANNUAL REPORT 04/05/2001 -- ANNUAL REPORT 04/25/2000 -- 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 Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=TEAMCO... 3/3 Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Caseres, Luis Thursday, May 4, 2023 11:36 AM McGinnis, Lai -Wan; Badia, Hector; Darrington, Mario; Cabrera, Paola; Mora, Jorge; Hansen, Anthony; Sagesse, Max Cambridge, Susan; Ponassi Boutureira, Fernando; Velez, Pablo; Hannon, Todd; Olivera, Rosemary; Lee, Denise Document Distribution - RFQ 21-22-022 - Shenandoah Mini -Park Right -of -Way Improvements — B-203518 RFQ_21-22-022_-_Shenandoah_Mini-Park_Executed 05-04-2023.pdf Good morning All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Paola You may now close this Matter ID 23- 917 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: First Party: Second Party: Program/Purpose: Effective Date: Best regards, Construction Contract City of Miami Team Contracting, Inc. Shenandoah Mini -Park Right -of -Way Improvements — B-203518 05/04/2023 i LuA.- Caere - Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com 0 "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. 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