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AGREEMENT INFORMATION AGREEMENT NUMBER 26228 NAME/TYPE OF AGREEMENT FLORIDA ENGINEERING & DEVELOPMENT CORP. DESCRIPTION CONSTRUCTION CONTRACT/SEAWALL, BAYWALK, & LANDSCAPE IMPROVEMENTS AT JOSE MARTI PARK - D3/PROJ ECT NO. B-193803 ITB 24-25-0110 R/R-26- 0146/MATTER ID: 26-1430 EFFECTIVE DATE July 31, 2026 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/31/2026 DATE RECEIVED FROM ISSUING DEPT. 7/31/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Luis Caseres/Max Sagesse EXT. 1923 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Florida Engineering and Development Corp. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 23,478,928.50 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Construction Contract ■ ■ YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): ITB 24-25-011-R Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3 NO NO COMMISSION APPROVAL DATE: 04/09/2026 FILE ID: N/A ENACTMENT NO.: 26-0146 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER Reviewed and OK to proceed. FVP Fernando Ponassi July 31, 2026 112 Annie Perez, CPPO 09:48 EDT SIGNATURE: David Ruiz EDT SIGNATURE: ,—DocuSigned t �r`.A.,: . i `-8954OEB73CA ,—Signed by: FralA1 RISK MANAGEMENT July 31, 2026 112:55:16 BUDGET OFFICE Funding is available in 40-B193500 for this PO. ok to LEM 7/31/26 July 31, 2026 113:24:17 Marie Gouin EDT SIGNATURE: `-27395C631821 DocuSigned b litio GA&approve CITY ATTORNEY 26-1430 /s/ TMF Matter ID No. 26-1430 July 31, 2026 113:43:38 George K. Wysong III gyg EDT SIGNATURE: C7314 7gned bbyy:: Signed a-bV�t- - ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER July 31, 2026 114 Erica T. Paschal Darling, CPA 11:36 EDT SIGNATURE: '-88776 E9FE882 ,—DocuSigned by eu� ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS July 31, 2026 115:54:34 Barbara Hernandez, MPA EDT SIGNATURE: Signed by: tArliav'a ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE N/A 6131C2D3DF33 Asael Marrero N/A -Ace out on Vacat SIGNATURE: DEPUTY CITY MANAGER N/A Natasha Colebrook -Williams N/A - Natasha out on v SIGNATURE: CITY MANAGER July 31, 2026 I 16:05:07 James Reyes EDT Sign SIGNATURE: CITY CLERK July 31, 2026 116:48:07 Todd Hannon EDT SIGNATURE: a68C2b6F2C,61 ,—DocuSigned byl `—F4fiR7SFnnrF 468... 144(15 E7... 4E... BC.. ` 44E... on cation 478... 59 PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 26072 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CONSTRUCTION CONTRACT OVERVIEW CONTRACT TITLE: ITB No. 24-25-011-R Seawall, Baywalk, and Landscape Improvements at Jose Marti Park — D3 — Project No. 193803 — Florida Engineering and Development Corp. $23,478,928.50 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer - Authority level of $ ❑ City Manager - Authority level of $ ❑x City Commission - RESOLUTION No. 26-0146 2. PROCUREMENT METHOD: ❑ RFP/Q ITB ❑ SOLE SOURCE ❑ PIGGY -BACK 0 PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 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? N/A 5. WHAT IS THE SCOPE OF WORK? The Seawall, Baywalk, and Landscape Improvements at Jose Marti Park is a new construction development project located at 362 SW 4th Street, Miami, FL 33130. The Work consists of furnishing all materials, labor, and equipment necessary for the installation of turbidity curtains and the replacement of approximately 1,300 linear feet ("LF") of seawall and baywalk at the park. At a minimum, the scope of work includes: • Partial demolition and disposal of existing bulkhead, articulate concrete block revetment shoreline, coastal debris to include the existing seawall bulkhead, removal of articulated concrete blocks, existing paving on plazas and paths, existing concrete steps and ramps, removal of existing furniture, lighting fixtures, the removal of palm trees and other trees, relocation of trees to an upland area within the park per tree disposition plan, and relocation of flagpoles and Jose Marti monument. • The replacement of the baywalk and bulkhead include installation of pervious surfaces/materials that are in accordance with the Miami 21 design criteria; living shoreline and associated plantings, drainage infrastructure, and the installation of an outfall structure shall be constructed through the seawall sheet piles; tidal backflow prevention valves, floating boardwalk, viewing platforms, kayak launch, gangways, ferry dock, maintenance dredging (all work to be performed on landside), solar lighting, seating benches, trash receptacles, planting, irrigation bike racks, signage, and other park amenities. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? OCI 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? N/A 10. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Lowest responsive and responsible bidder Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Iit uf 4tF1xm INVITATION TO BID ("ITB") 24-25-011-R SEAWALL, BAYWALK, AND LANDSCAPE IMPROVEMENTS AT JOSE MARTI PARK - D3 PROJECT NO. B-193803 ISSUE DATE JUNE 12, 2025 VOLUNTARY PRE -BID CONFERENCE JUNE 18, 2025 11:00 A.M. VOLUNTARY SITE VISIT JUNE 20, 2025 11:00 A.M. ADDITIONAL INFORMATION AND CLARIFICATION DEADLINE JUNE 25, 2025 5:00 P.M. BID SUBMISSION DUE DATE ON BIDNET DIRECT JULY 8, 2025 3:00 P.M. CONTACT Max Sagesse Sr. Procurement Contracting Officer Department of Procurement City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Phone: 305-416-1913 E-mail: MSagesse@miami.gov Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. Cone of Silence 17. Public Entity Crime 18. Fraud and Misrepresentation 19. Collusion 20. Contractor in Arrears or Default 21. Cancellation of ITB SECTION 2 - ITB GENERAL TERMS AND CONDITIONS 1. Time is of the Essence 2. Contract Term; Guaranteed Maximum Cost 3. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price 4. Notices 5. Priority of Provisions 6. Indemnification 7. Insurance 8. Performance and Payment Bond Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C SECTION 2 - ITB GENERAL TERMS AND CONDITIONS (Continued) 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 23. Superintendence and Supervision 24. Authority of the Project Manager 25. Inspection of Work 26. Taxes 27. Separate Contracts 28. Lands of Work 29. Coordination of Work 30. Differing Site Conditions 31. Existing Utilities 32. Contractor's Responsibility for Utility Properties and Service 33. Interfering Structures 34. Field Relocation 35. Contractor's Use of Project Site(s) 36. Warranty of Materials and Equipment 37. Material and Equipment Shipment, Handling, Storage and Protection 38. Manufacturer's Instructions 39. Manufacturer's Warranty 40. Reference Standards 41. Submittals 42. Shop Drawings 43. Product Data Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C SECTION 2 - ITB GENERAL TERMS AND CONDITIONS (Continued) 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 78. Location and Damage to Existing Facilities, Equipment, or Utilities Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C SECTION 2 - ITB GENERAL TERMS AND CONDITIONS (Continued) 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. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 104. Evaluation 105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County, and the State of Florida 106. Not Applicable 107. Royalties and Patents 108. Continuation of the Work 109. Review of Records 110. No Interest 111. Payments Related to Guaranteed Obligations 112. Consent of City Required for Subletting or Assignment Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C SECTION 2 - ITB GENERAL TERMS AND CONDITIONS (Continued) 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. Antitrust Violator Vendors 124. Anti -Human Trafficking SECTION 3 - ITB SUPPLEMENTAL TERMS AND CONDITIONS 1. Contract Time and Hours 2. Progress Payments 3. Liquidated Damages 4. Schedule of Values 5. Project Schedules 6. Release of Liens/Subcontractor's Statement of Satisfaction 7. Progress Meetings 8. Request for Information 9. Project Site Facilities 10. Security 11. Construction Signage 12. Construction Photographs 13. City Furnished Property 14. Geotechnical Testing - NOT APPLICABLE 15. Field Layout of the Work and Record Drawings for Drainage Projects 16. Survey Work for Drainage Projects 17. E-Verify - Mandatory Use 18. Cures 19. Counterparts; Electronic Signatures 20. Jessica Lunsford Act (JLA) Background Screening Requirements 21. Projects Funded by Federal or State Funds Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C SECTION 3 - ITB SUPPLEMENTAL TERMS AND CONDITIONS (Continued) 22. Dedicated Allowances SECTION 4 - BID FORMS Bid Form ITB No. 24-25-011-R Certificate of Authority (If Corporation) Certificate of Authority (If Partnership) Certificate of Authority (If Joint Venture) Certificate of Authority (If Individual) Bid Bond Form Certificate as to Corporate Principal Questionnaire Required Submission with Bidder's Bid SECTION 5 - CONTRACT EXECUTION FORMS Form of Performance Bond Form of Payment Bond Performance and Payment Guaranty Form - Unconditional Irrevocable Letter of Credit Form A - Information for Determining Joint Venture Eligibility Certification Regarding Lobbying ATTACHMENTS Attachment A: Wage Rate General Decision Number: FL20240215 04/11/2025 Attachment B: Appendix II to Part 200, Section 3 Attachment C: HUD 4010 (06/2009) Attachment D: Section 3 Clause Pursuant to 24 CFR Part 75 Attachment E: Form SU - Subcontractor Utilization Form Attachment F: Anti -Human Trafficking Affidavit Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Titur rni NOTICE TO CONTRACTORS ITB NO. 24-25-011-R SEAWALL, BAYWALK, AND LANDSCAPE IMPROVEMENTS AT JOSE MARTI PARK, D3 PROJECT NO. B-193803 Completed Bids must be submitted through Bidnet Direct Electronic Bidding System ("Bidnet Direct") by 3:00 p.m., on July 8, 2025 ("Bid Submission Due Date"). Any Bids received after the stipulated date and time will not be considered. Scope of Work: The Seawall, Baywalk, and Landscape Improvements at Jose Marti Park is a new construction development project located at 362 SW 4th Street, Miami, FL 33130. The Work consists of furnishing all materials, labor, and equipment necessary for the installation of turbidity curtains and the replacement of approximately 1,300 linear feet ("LF") of seawall and baywalk at the park. At a minimum, the scope of work includes: • Partial demolition and disposal of existing bulkhead, articulate concrete block revetment shoreline, coastal debris to include the existing seawall bulkhead, removal of articulated concrete blocks, existing paving on plazas and paths, existing concrete steps and ramps, removal of existing furniture, lighting fixtures, the removal of palm trees and other trees, relocation of trees to an upland area within the park per tree disposition plan, and relocation of flagpoles and Jose Marti monument. • The replacement of the baywalk and bulkhead include installation of pervious surfaces/materials that are in accordance with the Miami 21 design criteria; living shoreline and associated plantings, drainage infrastructure, and the installation of an outfall structure shall be constructed through the seawall sheet piles; tidal backflow prevention valves, floating boardwalk, viewing platforms, kayak launch, gangways, ferry dock, maintenance dredging (all work to be performed on landside), solar lighting, seating benches, trash receptacles, planting, irrigation bike racks, signage, and other park amenities. Part of the waterfront improvements fall under Florida Department of Transportation ("FDOT") ownership and there will be a construction agreement in place with FDOT that will be part of the bidding package. Terms will require an Unanticipated Findings Protocol for archeological findings. A Construction Engineering Inspections ("CEI") vendor (under a separate contract) will be on site to monitor construction activities to the area immediately below the 1-95 overpass bridge. The Contractor under this ITB contract is required to coordinate with the CEI on construction related matters. Minimum Requirements: Prospective Bidders shall submit the following with their bid on the Bid Due Date: 1) 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. 2) The General Contractor shall demonstrate experience as the Prime Contractor for at least three (3) projects of comparable scale and complexity with a construction cost of at least $5 Million Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C completed within the last ten (10) years, with one (1) project involving the implementation of adaptive re -design including, but not limited to, elements such as a seawall, baywalk, and landscape improvements of comparable scope, scale, and complexity to the Project. The General Contractor may be allowed to meet the latter project experience through themselves or a Subcontractor. The General Contractor must have a proven track record of coordination with and between all applicable trades, including but not limited to, structural, mechanical, plumbing, electrical, as well as seawall and baywalk components as may be required during the construction of the Project. 3) Reference projects to meet the qualifications stipulated in 2), whether by the General Contractor or any Subcontractor, must be submitted utilizing Form ITB-GCR and shall demonstrate that the General Contractor or Subcontractor acted as General Contractor for the reference project. At a minimum, the Contractor shall be responsible for the mobilization of labor and equipment, site security, installation of the project perimeter fence, clearing and grubbing, demolition and disposal of existing drainage and park amenities. 4) The City will solicit business from minority and women owned businesses utilizing the listings available through the U.S. Small Business Administration website (www.sba.gov). The City reserves the right to request additional/supplemental information and/or contact listed individuals pertaining to Bidder's ability to meet the above minimum requirements. The Department of Procurement (Procurement) has scheduled a voluntary Virtual Pre -Bid Conference, on June 18, 2025, at 11:00 a.m. EST, at the following Microsoft Teams meeting link, or via phone at +1 786-598-2961, Conference ID 587 776 94#. 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 ITB. All bids shall be submitted through the City's BidNet Direct platform, and in accordance with Section 1, "Instructions for Submission," no later than the date and time indicated within the ITB, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Bids must be submitted timely through BidNet Direct, or the Bid will be disqualified. Untimely or misdelivered Bids will not be considered. NO EXCEPTIONS. BIDDERS ARE ADVISED THAT 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 (ITB), 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 ITB IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271, CODIFIED AS SECTION 18-74, CITY OF MIAMI CODE, AS AMENDED. James Reyes, City Manager Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. Bidnet Direct 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 ITB Contract price or time. Construction Engineering Inspection ("CEI") means an individual or an organization (assigned by the Director of OCI) responsible in assisting the City's Project and Construction Managers in Contract administration, site inspections, material sampling and Project close-out. Construction Manager ("CM") means the individual or organization assigned by the Director of OCI whose duties include reviewing Project documents during the design phase and managing the construction phase that include, but not limited to, directing, and coordinating construction activities associated with the Project. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for the Project; and if applicable, means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Project. Consultant may also be referred to as Architect or Engineer of Record. Contract means the Invitation to Bid (ITB) solicitation and the bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 ITB. Contractors submitting a bid in response to an ITB shall be precluded from participating as a subcontractor to another Prime Contractor submitting a response to the same ITB. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project site(s) disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of written Notice to Cure from the City identifying the deficiencies and the time to Cure. Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") 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 Director's 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. 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). Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 conditions precedent has 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 ITB. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the 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 is also known as the Director of the Department of Risk Management, or the Director's authorized designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Subcontractor means a person, firm or corporation having a direct Contract with 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 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C SECTION 1 INSTRUCTIONS FOR SUBMISSION 1. Intention of City It is the intention of the City to describe in this Invitation to Bid ("ITB") 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 Seawall, Baywalk, and Landscape Improvements at Jose Marti Park is a new construction development project located at 362 SW 4t" Street, Miami, FL 33130. The Work consists of furnishing all materials, labor, and equipment necessary for the installation of turbidity curtains and the replacement of approximately 1,300 LF of seawall and baywalk at the park. At a minimum, the scope of work includes: • Partial demolition and disposal of existing bulkhead, articulate concrete block revetment shoreline, coastal debris to include the existing seawall bulkhead, removal of articulated concrete blocks, existing paving on plazas and paths, existing concrete steps and ramps, removal of existing furniture, lighting fixtures, the removal of palm trees and other trees, relocation of trees to an upland area within the park per tree disposition plan, and relocation of flagpoles and Jose Marti monument. • The replacement of the baywalk and bulkhead include installation of pervious surfaces/materials that are in accordance with the Miami 21 design criteria; living shoreline and associated plantings, drainage infrastructure, and the installation of an outfall structure shall be constructed through the seawall sheet piles; tidal backflow prevention valves, floating boardwalk, viewing platforms, kayak launch, gangways, ferry dock, maintenance dredging (all work to be performed on landside), solar lighting, seating benches, trash receptacles, planting, irrigation bike racks, signage, and other park amenities. Part of the waterfront improvements fall under FDOT ownership and there will be a construction agreement in place with FDOT that will be part of the bidding package. Terms will require an Unanticipated Findings Protocol for archeological findings. A CEI vendor (under a separate contract) will be on site to monitor construction activities to the area immediately below the 1-95 overpass bridge. The Contractor under this ITB contract is required to coordinate with the CEI on construction related matters. 3. Location of the Project Jose Marti Park 362 SW 4th Street Miami, FL 33130 4. Performance of the Work Contractors shall self -perform a minimum of 10% of the total contract value. This self -performed work may include any combination of field labor, site supervision, project administration, safety oversight, permitting coordination, or other direct project -related activities. Alternatively, this requirement may be satisfied through documented participation of minority/women owned business performing 10% or more of the total work. The City reserves the right to request 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C and submit this form, or to meet this requirement, may 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 ITB, to: a. Carefully review the ITB, including any addenda and notify the City of all conflicts, errors, or discrepancies, b. Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance, and furnishing of the Work, c. Take into account federal, state, and local (City and Miami -Dade County including, without limitation, the City Charter and Code, the City Procurement and Zoning Ordinances, and Florida Building Code) and any other applicable codes, laws, regulations, ordinances, and rules that may affect a Bidder's ability to perform the Work, d. Study and carefully correlate Bidder's observations with the requirements of the ITB, and e. Sign and return all required ITB 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 Max Sagesse, Sr. Procurement Contracting Officer at MSagesse@miami.gov with a copy to the Office of the City Clerk at Clerks@miami.gov. 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 Bidnet Direct platform. Written questions must be submitted through Bidnet Direct no later than 5:00 p.m. on June 25, 2025. 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 Bidnet Direct platform, and in accordance with Section 1, "Instructions for Submission," no later than the date and time indicated within the ITB, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Bids must be submitted timely through Bidnet Direct, or the Bid will be disqualified. Untimely or misdelivered Bids will not be considered. NO EXCEPTIONS. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 8. Bid Guaranty All bids shall be accompanied by either a 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. Personal checks will not be accepted. 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. 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 blank City forms provided herein and herewith. The bid must be signed and acknowledged by the Bidder, in accordance with the directions on the ITB. 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 ITB. • 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. • Joint venture firms must complete and submit with the bid, the form titled "Information for Determining Joint Venture Eligibility" (Form A) and submit a copy of the formal agreement between all joint -venture parties. This joint venture agreement must indicate their respective roles, responsibilities, and levels of participation in the Project. Failure to submit Form A, along with an attached written copy of the joint venture agreement, may result in disqualification of the bid. All joint venture firms must meet the requirements stipulated in the Florida Statutes. 10. Pre -Bid Conference A voluntary Virtual Pre -Bid Conference, on June 18, 2025, at 11:00 a.m. EST, at the following Microsoft Teams meeting link, or via phone at +1 786-598-2961, Conference ID 587 776 94# to discuss this ITB. Any Proposers not attending the Pre -Bid Conference will not be precluded from submitting a bid. A Voluntary Site Visit has been scheduled for June 20, 2025, at 11:00 a.m. EST, at the site location, Jose Marti Park, to allow potential bidders to avail themselves of the site conditions. 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 similar laws, codes, and regulations (Regulations) in determining a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such 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. 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. City for these purposes shall include any City agency or instrumentality. 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, Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 a protest shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS WILL BE MADE TO THIS REQUIREMENT. 16. 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 ITB 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 ITB. Any communication concerning this ITB must be submitted in writing to Procurement at MSagesse@miami.gov. Written communications may be in the form of email or other written communication, with a copy delivered to the Office of the City Clerk at Clerks@miami.gov. The delivery to the City Clerk of a copy is required to avoid any violation of the "Cone of Silence." 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. 17. Public Entity Crime A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a bid on a Contract to provide any goods or services to a public entity, may not submit a Response on a Contract with a public entity for the construction or repair of a public building or Public Works project, may not submit a Response on a lease of real property to a public entity, may not be awarded or perform Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted Bidder List. 18. 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. 19. Collusion Where two (2) or more related parties, as defined herein, each submit a bid to an ITB, 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 ITB. 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. Contractors submitting a bid in response to an ITB, while participating as a subcontractor to another Contractor submitting a response to the same ITB, shall be presumed to be collusive. Bids found to be collusive, or related as provided above, shall be rejected. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 20. 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. 21. Cancellation of ITB The City reserves the right to cancel, in whole or in part, any ITB 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 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C SECTION 2 ITB 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 The Contract shall commence upon issuance of the Notice to Proceed ("NTP"), which shall be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract has been closed out after final completion or otherwise terminated by the City pursuant to the terms and conditions herein set forth. 3. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price The total bid amount shall be the Contract Price, also known as Guaranteed Maximum Cost ("GMC") of the Project, which means the maximum cost of the Work including labor, materials, equipment, supplies, overhead expenses, and profit. The City will not be liable for payment of any amount in excess of the GMC unless the City Commission has approved a Project contingency or has approved a prior amendment to the Contract, setting forth an additional amount due to Owner requested changes or its equivalent. If the term Guaranteed Maximum Price ("GMP") is used in this Agreement, it shall have the same definition as GMC, defined above. The Contractor represents, warrants, and guarantees to the City that the Contractor shall completely, timely, and properly perform the Work and all of its obligations under the Contract, in accordance therewith, for the Contract Price to be agreed upon by the parties. This Contract Price shall constitute a GMC/GMP to the Owner for performing the Work inclusive of labor, materials, equipment, supplies, and any allowable overhead and profit. The Owner shall, absent a prior Amendment with compelling cause approved as an Amendment to this Agreement, have no liability or obligation to pay any amount in excess of the stated Contract Price and the Contractor shall have no recourse in that respect except to seek an Amendment to the Agreement. All costs in excess of the Contract Price shall be paid solely by the Contractor without reimbursement or additional compensation from Owner. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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: James Reyes, City Manager City of Miami 444 SW 2nd Avenue - 10th Floor Miami, FL 33130-1910 Email: JaReyes@miami.gov Phone: 305-416-1025 Annie Perez, CPPO Director/Chief of Procurement City of Miami 444 SW 2nd Avenue - 6th Floor Miami, FL 33130-1910 Email: AnniePerez@miami.gov Phone: 305-416-1910 George K. Wysong III, City Attorney City Attorney's Office City of Miami 444 SW 2nd Avenue - 9th Floor Miami, FL 33130-1910 Email: GWysong@miami.gov Phone: 305-416-1832 With Copies to: Jose R. Perez, AIA, Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue — 8th Floor Miami, FL 33130-1910 Email: JRPerez@miami.gov Phone: 305-416-1225 For Contractor: Jose A. Vega Sr. President Florida Engineering and Development Corp. 12076 NW 98th Avenue Hialeah Gardens, FL, 33018 E-mail: Jose@floridaengineering.net Phone: 305-820-8333 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 Keith Ng at (305) 416-1298, or via email at KeithNq©miami.gov. Keith Ng is the City of Miami's Project Manager assigned to this Project. The Contractor must notify residents living within five hundred (500) feet of the Project in writing as least one (1) week prior to commencing Work in the general area. A copy of such notices will be provided to the Project Manager. 5. Priority of Provisions All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract Documents and Specifications, the City of Miami's Standards for Design and Construction, Miami -Dade County's Standards Details, and the 2016 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction, as applicable. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract Documents, the priorities stated below shall govern: ■ Revisions to the Contract shall govern over the Contract. ■ The Contract Documents shall govern over the Contract; and ■ Addenda to an ITB shall govern over the ITB. 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 provided herein. The indemnification provided above shall obligate the Contractor to indemnify, hold harmless, and a duty to defend, at its own expense, to and through trial, administrative, regulatory, appellate, supplemental, mediation, arbitration, or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Contractor, or persons employed, supervised, or utilized by 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 Explosion, Collapse and Underground Hazards Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193803 $1,000,000 $2,000,000 $1,000,000 $1,000,000 ITB No. 24-25-011-R Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 Builder's Risk/Installation Floater Causes of Loss: All Risk of direct physical loss or damage Valuation: Replacement Cost Coverage extensions included as provided by carrier. City of Miami listed as additional insured/loss payee. 7.7 Payment and Performance Bond Full value of the project. City of Miami is listed as Obligee. 7.8 Contractor's Professional Liability (if applicable) Each Claim Policy Aggregate Retro Date Included 7.9 Pollution Liability (if applicable) Each Claim Policy Aggregate City of Miami listed as additional insured. $1,000,000 $1,000,000 $1,000,000 $2,000,000 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. Companies issuing all insurance policies required above must be authorized to do business in the State of Florida, and must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. The above policies shall provide the City with written notice of cancellation or material change from the insurer not less than thirty (30) calendar days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) calendar days prior to the date of their expiration. 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." Contractors shall comply with such requests unless the insurance coverage is then not readily available in the national market. An additive or deductive change order will be issued to adjust the Contract value, as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 8. Performance and Payment Bond Where required by the Contract Documents or by Florida Statutes, the Contractor shall, within fourteen (14) calendar days of being notified of award, furnish a Performance/Payment Bond ("Bond") containing all the provisions of the attached Performance/Payment forms. Each Bond shall be in the amount of one hundred percent (100%) of the Contract value at award, including any dedicated and/or Owner's Contingency allowances, guaranteeing to City the completion and performance of the Work covered in the Contract Documents, as well as full payment of all suppliers, laborers, or Subcontractors employed pursuant to this Project. Each Bond shall be with a surety, which is qualified pursuant to Article 9, "Qualification of Surety." Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value at award, including any dedicated and/or Owner's Contingency allowances, or an additional bond shall be conditioned that 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the prior approval of the City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by the City for one year after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000) must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. Payment / Performance Bonds shall be in the amount of one hundred percent (100%) of the contract value at award, including any dedicated allowance account and/or Owner's Contingency Allowance, and shall be in substantially the form provided by Section 255.05, Florida Statutes. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide 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 considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor shall, at all times, employ, maintain, and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor shall adjust staffing levels or to replace any staff if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff has the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character, and licenses as necessary to perform the Work, in a competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the City. Any such specific requirements will be included in the Technical Specification portion of the ITB. 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Work is in progress before Work is started on any additional section. Contractor is to take necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning that only best practices are to prevail, and only materials and workmanship of the best quality are to be used in the performance of the Work. 11. Method of Performing the Work If the City reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the City, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the City, the City shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by a third -party Contractor and deduct such cost from any monies due to the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State, or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the City. Contractor is responsible for controlling dust and preventing it from becoming a public nuisance or causing off -site damage. Contractors 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 made in writing to the City at least twenty-four (24) hours in advance of the interruption of City operations. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the City. A staging plan must be submitted to and approved by the City prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. As noted above self -performance and all other 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. Contractors 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 The Contractor shall verify all dimensions, quantities and details shown on the plans, specifications, or other data received from the City as part of the Contract Documents, and shall notify the City of all errors, omissions, and discrepancies found therein within three (3) calendar days of discovery. Contractors will not be allowed to take advantage of any errors, omissions, or discrepancies, 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 The Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas: All lawn areas disturbed by construction shall be replaced with like kind to a condition similar 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 as needed by 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 17. Safety Precautions The 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 ■ Other property at the Project site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. The Contractor shall designate a responsible member of its organization at the Project site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to the City. Contractors 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. Contractors must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected, or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders, and other legal requirements of public authorities (including OSHA, Environmental Protection Agency ("EPA"), Department of Environmental Resources Management ("DERM"), the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied, or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All rigging, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager. 18.Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code ("FAC") delivered as a result of a Project must be accompanied by a Material Safety Data Sheet (MSDS), which may be obtained from the manufacturer. The MSDS must include the following information: Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C ■ 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. ■ 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 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, and such 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 with telephone number(s) for the superintendent, where the superintendent can be contacted during normal working hours as well as after hours for emergencies. On Projects in excess of thirty (30) calendar days, the Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather conditions affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and Subcontractors at the Project site(s); visitors to the Project site, including regulatory representatives the City; any special or unusual conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project site(s) and shall be available at all times for inspection and copying by 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 24. Authority of the Project Manager The Director hereby authorizes the Project Manager designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Contractor shall be bound by all determinations or orders of the Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing and shall be issued. All instructions to the Contractor shall be issued through the Director or Project Manager. The Project Manager shall have access to the Project site(s) at all times. The Contractor shall provide safe facilities for such access, so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager will make periodic visits to the Work site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager will not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Project Manager will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed, or completed. Neither the Project Manager's nor Consultant's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any Subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 25. Inspection of Work The Project Manager, Consultant, Construction Engineering Inspector (CEI), and other City representatives shall at all times have access to the Work during normal work hours, and Contractor shall provide proper facilities for such access and for inspecting, measuring, and testing. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 done 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. 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 all other impositions required by law, rules, or regulations. 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 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 on 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 with 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 to 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 32. Contractor's Responsibility for Utility Properties and Service Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least forty-eight (48) hours in advance. Under no circumstances, expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and 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 having 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 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 for 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Packaging and Delivery of Spare Parts and Special Tools: Properly mark or 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 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 pipes shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance: The Contractor's insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control: Equipment and materials shall be stored in a manner to provide easy access for inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work. Maintenance of Equipment 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C ■ Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. ■ Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. ■ Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. ■ Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. ■ Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. ■ Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. ■ When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and installation, quality of workmanship, and applications. Manufacturer's representative shall provide the Contractor and the 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 ■ 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 costs to the City. Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 manufacturers' standard data to provide information unique to the Work. Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. Identify reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances. Contractor shall submit a draft of all product data, warranty information, and operating and maintenance manuals at fifty percent (50%) completion of construction. 44. 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 drawings shall be submitted in both hardcopy and as electronic plot files. 46. Supplemental Drawings and Instructions The City shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or their performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. The City shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings, or additional information as the Work proceeds, all of 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 47. Contractor Furnished Drawings A Contract Documents may require the Contractor to furnish design, shop, and/or as -built drawings depending on the nature and scope of the Work to be performed. The following applies to the different types of drawings. The City shall, after reviewing the drawings, initial and mark the drawings in one of the following manners: 1. ACCEPTED - No correction required. 2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can proceed subject to re -submittal and acceptance of the drawings. 3. REVISE AND RESUBMIT - Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the City prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor 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 judge of the acceptability of any substitute. No substitute shall be ordered, installed, or utilized without the City's and the Consultant's prior written acceptance, which shall be evidenced by Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 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 costs from any payments pending to the Contractor. 52. Field Directives The City may at times issue field directives to the Contractor based on visits to the Project site(s). Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the scope of the Work, the Contractor shall, within forty-eight (48) hours, notify the City that the Work is outside the scope of the Work. At that time, the Field Directive may be rescinded, or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the City that the Contractor reserves the right to make 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents and without notice to any Surety, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within the scope of the Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 with a notice to Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to start the Extra Work immediately. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe. The Contractor is required to provide the Project Manager with a detailed Change Proposal Request, which shall include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 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 as far as applicable. The term "Cost of the Work" shall include any of the following: • Cost of special Consultants, including, but not limited to, Consultants, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the Work described in the Change Order. • Supplemental costs including the following: • The proportion of necessary transportation, travel, and subsistence expenses of 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C The term "Cost of Work" shall not include any of the following: ■ Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the site or in its principal or a branch 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C ■ Whenever a change involves Contractor and one (1) or more Subcontractors, and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. ■ Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "Cost of Work." 59. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra Work, or in case of extenuating circumstances, the City may nevertheless issue a directive to the Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 90, "Resolution of Disputes," by furnishing a written statement to the Construction Manager within five (5) calendar days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its bid and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Contractor's claim including the manner that the disputed item was specified in the Contractor's bid. During the pendency of any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager's written instructions. In the event there is a dispute as to price, the Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Contractor's claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties' inability to agree upon a mutually satisfactory price shall be as follows: ■ No payment will be made to the Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed ten percent (10%). This will not vary, whether the Extra Work is performed by the Contractor or his Subcontractor. The Project Manager must approve of any exceptions. "Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Construction Manager; and (vi) any additional materials necessary for the performance of the Extra Work. 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five percent (5%) to cover the Contractor's superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification, or revision by representatives of the 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 buildings, 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, Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted (signed and sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work. All recorded information on existing utility crossing encountered during construction, included but not limited to pipes, inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on the record drawings. The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleaned drainage system openings (i.e., catch basins, inlets, manholes, etc.) 61. Worker's Identification The Contractor's employees, who include any Subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title, and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The 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 and time for any inspection, and notify the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed, as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the City and the Contractor, confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City. Where the Punch List is limited to minor omissions and defects, the City shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the City determines, on the appropriate form that the Work is not substantially complete, the City shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 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 are 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 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 Delav 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, Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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, 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 Contract Documents, the uncovering, taking down, replacement, and/or restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related costs, in connection with such uncovering, taking down, replacing, and restoration at the Project site. 76. Correction of Work The Contractor shall promptly correct all Work rejected by the Project Manager as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. The Contractor shall bear all 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. Reg ulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), Federal Department of Transportation (FDOT), Roadway and Bridge Standard Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Index Drawing Book, permits or data. The Contractor shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No Street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval. If required by the Project Manager, Traffic Division, or FDOT or as otherwise authorized by the City, the Contractor shall make arrangements for the employment of uniformed off -duty police officers to maintain and regulate the flow of traffic through the Work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. The Contractor shall provide all barricades with warning lights, necessary arrow boards, and signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. The Contractor shall be responsible for the provision, installation, and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index -drawing book. In addition, the Contractor shall be responsible for providing the City with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed, and sealed by a professional engineer registered in the State of Florida, employed by the Contractor, and certified under FDOT Procedure NPIL No. 625-010-010. Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), forty-eight (48) hours prior to any excavation. Any loop detector that is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (305) 592-3470. Where applicable, the Contractor shall notify the Traffic Division twenty-four (24) hours in advance of the construction date or forty-eight (48) hours in advance of construction within any signalized intersection. Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed, and the swale or median areas restored to their previous condition. Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping The Contractor shall take appropriate steps to ensure that all temporary pumps, piping, and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures Where construction of the Project shall involve lane closures of public streets, a Lane Closure Permit must be obtained two (2) weeks prior to planned construction, with a minimum forty-eight (48) hour prior notice Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. weekdays. 78. Location and Damage to Existing Facilities, Equipment, or Utilities As far as possible, all existing utility lines in the Project area(s) will be shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor's responsibility to field -verify all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and 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 their 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 delays 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 80. Hurricane Preparedness During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City has given notice of same. Compliance with any specific hurricane warning or alert precautions will not constitute additional Work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract time as non-compensable, excusable delay, and shall not give rise to a claim for compensable delay. 81. Use of Completed Portions City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increase the cost of or delays the Work, 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 are 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C contractors responsible therefore as the City shall determine to be just. All combustible waste materials shall be removed from the Project at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. 83. Removal of Equipment In case of termination of this Contract before completion for any cause whatsoever, 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, 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: Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C • Treat such failure as a repudiation of the Contract and/or. • Resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. ■ In the event the City may, at its sole discretion, terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. ■ Where the City erroneously terminates the Contract for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86. Notice of Default -Opportunity to Cure In the event that the City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor in writing, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified time frame, or the Contract with the City may be terminated. The City should issue such Notification; however, the City is under no obligation to issue such notification in the event the City lacks actual knowledge of the default. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another Contractor and any such costs incurred will be deducted from any sums due to the Contractor under any Contract with the City. 87. Termination for Default If 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 termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: ■ Contractor fails to obtain the insurance or bonding herein required by the Contract. ■ Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract Documents, beyond any specified period allowed to cure such default. ■ Contractor fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by the Contract. If this Contract is terminated for default and the 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C ■ 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 to the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C such cancellation. The City may require bonding, other security, certified financial statements, and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each bind one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 98. Materiality and Waiver of Breach City and 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 Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under the Contract Documents shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 104. Evaluation Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any other time deemed appropriate by the 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. Not Applicable 107. Royalties and Patents All fees, royalties, and claims for any invention, or pretended inventions, or patent of any Article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 108. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current Contract period shall, unless terminated by mutual written agreement between the City and the involved 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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, records, and accounts, financial or otherwise, which relate to the Project and to any claim for a period of six (6) 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@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. 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 related 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 be reasonably 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 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) Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 123. Antitrust Violator Vendors Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 124. Anti -Human Trafficking The Bidder/Proposer confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Bidder/Proposer shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as "Anti -Human Trafficking Affidavit". If the Successful Bidder/Proposer fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Successful Bidder/Proposer for any additional compensation or for any consequential or incidental damages. Please refer to Documents Section of Bidnet Direct for the "Anti -Human Trafficking Affidavit" attachment located in the Document Section. It is MANDATORY for the Bidders/Proposers to return this form signed along with their bid. Failure to complete, sign and upload the Anti -Human Trafficking Affidavit may render your bid non -responsive. END OF SECTION REMAINDER OF PAGE INTENTONALLY LEFT BLANK Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C SECTION 3 ITB SUPPLEMENTAL TERMS AND CONDITIONS 1. Contract Time and Hours The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all Work at a rate of progress that will ensure completion of the Work within the Contract Time. The Contractor shall have Four Hundred and Eighty (480) calendar days from the date of the Notice to Proceed to achieve Substantially Completion. The Contractor shall then have an additional Forty -Five (45) calendar days to achieve Final Completion of the Project. The Contractor shall maintain strict adherence to the mandated Contract time and schedule due to the time sensitive nature of the Project's funding sources. Work shall be performed Monday through Friday from 8:00 a.m. to 6:00 p.m. according to 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Five percent (5%) of all monies earned by Contractor shall be retained by City until Final Acceptance by the City. Any interest earned on said 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 when 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 two hundred dollars ($1,200) 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 six hundred dollars ($600) 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit with Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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, and other personnel shall not use the City restrooms that may be available at the Project site without the prior consent of the manager of the facility or the Project Manager, where there is no manager of a facility. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Subcontractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its and its Subcontractors' employees. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 for maintaining such facilities in a safe and working condition. All such facilities remain the property of the Contractor, and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 10. Security The site where the Work is to be performed may not be a secure site and the public may have access to the site. The Contractor shall have sole responsibility for the security of all Work materials, tools, equipment, and Work at the Project site. The City shall not be liable for any damage or loss to such materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 11. Construction Signage Where required by the Contract Documents the Contractor shall provide construction signage. The City shall provide the Contractor with the wording and layout for the signs at the pre -construction conference. The Contractor shall furnish the two City signs at the Project site(s) as follows: ■ The first sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2-mil cast vinyl over mounted with 3-mil Mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4-inch square wood or perforated "U" channel metal posts, painted white, and be readable at eye level. The colors to be used on the sign are as follows: the background shall be white with blue lettering; the seal shall be white and gold with blue lettering form. ■ The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 feet high by 3/4-inch (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white, and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. ■ The Contractor shall also post appropriate construction site warning signs at the Work site. Such signs shall be posted to warn pedestrians and vehicle traffic. Signage shall also be placed waterside to alert boaters 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. 12. Construction Photographs Contractor shall submit with each application for payment photographs that accurately reflect the progress of the Work. Contractor shall submit one 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 13. City Furnished Property Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc., when directed by the City and shall reinstall or provide to the City as directed. 14. Geotechnical Testing - NOT APPLICABLE 15. 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 (PSM), 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 PSM. 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 PSM 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C • Maintain records of all pipeline Project and on -site Project deviations from Drawings and Specifications by a Florida Registered PSM. • 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. 16. Survey Work for Drainage Projects The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide final measurements. At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be provided with a packet of information, from the City, showing the format to be utilized. The Contractor 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. 17. E-Verify - Mandatory Use By entering into this Agreement, the Contractor and its subcontractors are jointly and severally obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." The Contractor affirms that (a) it has registered and uses the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of the Contractor; (b) it has required all subcontractors to this Agreement to register and use the E-Verify system to verify the work authorization status of all new employees of the subcontractor/s; (c) it has an affidavit from all subcontractors to this Agreement attesting that the subcontractor does not employ, contract with, or subcontract with unauthorized aliens; and (d) it shall maintain copies of any such affidavits for the duration of the Agreement. If City has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, then the City shall terminate this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such termination, the Contractor agrees and acknowledges that it may not be awarded a public contract for at least one (1) year from the date of such termination and that the Contractor shall be liable for any additional costs incurred by the City because of such termination. In addition, if the City has a good faith belief that a subcontractor has knowingly violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but the Contractor has otherwise complied with its requirements under those statutes, then the Contractor agrees that it shall terminate its contract with the subcontractor upon receipt of notice from the City of such violation in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in the Circuit or County Court no later than twenty (20) calendar days after the date of Agreement termination Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 18. Cures BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS ITB 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 ITB. Bidder understands that non -responsive Bids will not be evaluated. 19. 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. 20. Jessica Lunsford Act (JLA) Background Screening Requirements Prior to services being rendered, the Successful Bidder(s) and all of its employees who provide or may provide services under this Contract will complete criminal history checks and all background screening requirements, including Level 2 screening requirements as outlined in Florida State Statute 435.04, as amended from time to time. Upon City review of resulting reports, the Successful Bidder(s) shall immediately replace/reassign any individual who, in the opinion of the City, does not pass the background check. In its sole discretion the City reserves the right to request updated background screening reports at any time, and as the City deems necessary. Background checks shall be required for any projects/services performed under this Contract, concerning City property, within close proximity of a school, park, or any non -instructional facility occupied by children. Successful Bidder(s) shall bear any and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Successful Bidder(s) shall require all involved employees to sign a statement, as a condition of employment with Successful Bidder(s) in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Successful Bidder(s)/Employer of any arrest(s) or conviction(s) of any offense within (forty-eight) 48 hours of its occurrence. Successful Bidder(s) shall provide the City with a list of all of its employees who have completed the background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Successful Bidder(s) shall have an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet and/or maintain the statutory standards. Successful Bidder(s) shall also notify the City immediately upon becoming aware that one of its employees, who was previously certified as satisfactorily completing the background check and meeting the statutory standards, is subsequently arrested, or convicted of any disqualifying offense. Failure by Successful Bidder(s) to notify the City of such arrest or conviction within five (5) business days of the occurrence of a qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City. 21. 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 Contractor'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, Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C and (4) the volatility so affects the Contractor that continued performance of the contract would results in a substantial loss. The Contractor might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. 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 Contractor 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 contract, the Contractor is 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. The Contractor 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 Contractor 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 Contractor. d. Davis -Bacon Act 1. All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. 2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. 3. Additionally, contractors are required to pay wages not less than once a week. 4. Weekly certified payrolls must be submitted weekly by the Prime and all subcontractors working on the job. 5. Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. The Contractor shall use the Federal Wages reflected in the applicable Wage Determination, "Building" category, in developing its bid for this contract; Wage Determinations can be found at the link SAM.gov I Search. The Contractor shall be required to provide certified payroll records documenting the work performed on this project. e. Compliance with the Copeland "Anti -Kickback" Act 1. The Contractor shall comply with 18 U.S.C. 874, 40 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. A breach of the contract clauses above may be grounds for termination of the contract, and for 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 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 (b) (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 (b) (1) of this section, in the sum of $27 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 (b) (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 prime Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime 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 (b) (2) of this section. 4. Subcontracts: The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b) (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (b) (1) through (4) of this section. Parts at Pass -Through Cost (for Repairs Outside the Scope of Work) g• All costs for parts required for repair jobs and not otherwise included in the scope of work shall be billed at the Contractor's actual cost and will be passed on to the City without markup or any additional fees. The Contractor shall submit purchase receipt of parts along with the labor invoice for payment. The Contractor 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 of 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 Contractor shall notify the Project Manager when an employee is on the property and for what purpose. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C i. Background Checks The Contractor shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue § 1012-32. The law requires that 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 Contractor shall provide Level Two (2) background screening results for all employees completing the work on park grounds. j. Equal Employment Opportunity During the performance of any resulting contract from an RFQ, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender, or national origin. Such actions 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, sexual orientation, gender, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4. 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. 5. 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. 6. 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 administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or 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. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. k. Clean Air Act 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C I. Federal Water Pollution Control Act 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 the Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, the 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. o. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) Contractors who apply or 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 takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the recipient who in turn will forward the certification(s) to the awarding agency. Please refer to the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Contractor to return this form signed along with their Bid. p. Procurement of 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 -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." q. Non-use of DHS, Seal, Logo, and Flags The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. r. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that CDBG-MIT financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, CDBG- Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C MIT Federal Register Notice (84 FR 45838, 8/30/19), policies, procedures, directives, and be CDBG- eligible activities under title I of the Housing and Community Development Act of 1974 (HCDA). s. Access to Records 1. The Contractor agrees to provide the State of Florida, City of Miami, the Federal agency providing funding, 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 Federal agency providing funding or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 4. In compliance with the Disaster Recovery Act of 2018, the City of Miami and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the Federal agency providing funding or the Comptroller General of the United States. t. Suspension and Debarment 1. This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its 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). 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 the State of Florida, and 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 bidder or proposer 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 bidder or proposer further agrees to include a provision requiring such compliance in its lower -tier -covered transactions. u. United States Housing and Urban Development; CDBG-MIT 1 This contract is funded by US HUD dollars and 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 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C purpose of Section 3 is to ensure that the employment and other economic opportunities generated by the United States Department of Housing and Urban Development's ("HUD") assistance of HUD - 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 codified in 24 C.F.R. part 75, which implements 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 regulations contained in 24 C.F.R. part 75. 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 worker's 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 C.F.R. part 75, and further 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 C.F.R. part 75. The Contractor will 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 C.F.R. part 75. 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 C.F.R. Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 C.F.R. Part 75. 6. Non-compliance with HUD's regulations as set forth in 24 C.F.R. Part 75 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). 8. Employment and Training. To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by 24 C.F.R. Part 75, subpart C shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the Miami Dade County. Where feasible, priority for opportunities and training described in this subsection (i) should be given to: (a) Section 3 workers residing within the service area or the neighborhood of the project; and (b) Participants in YouthBuild programs. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 9. Contracting. To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by 24 C.F.R. Part 75, subpart C shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within Miami Dade County. Where feasible, priority for contracting opportunities described in this subsection (ii) should be given to: (a) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project; and (b) YouthBuild programs. w. Rights to Inventions Made Under a Contract or Agreement If the FEMA award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the non - Federal entity 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 non -Federal entity 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 FEMA. x. Procurements by Non -Federal Entities When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will comply with 2 C.F.R. §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by 2 C.F.R. § 200.327. All other non -Federal entities, including subrecipients of a State, must follow the procurement standards in 2 C.F.R. 200.318 through 200.327. Y. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms 1. The non -Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 2. Affirmative steps must include: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; (f) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section. z. Prohibition On Certain Telecommunications and Video Surveillance Services or Equipment 1. Funds are prohibited from being used to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193803 ITB No. 24-25-011-R Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 2. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. 3. See Public Law 115-232, Section 889 and 2 C.F.R. § 200.471 for additional information. aa. Domestic Preference for Procurements 1. This contract includes a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. bb.Affirmative Socioeconomic Steps If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 22. Dedicated Allowances At the time of award, the City may present modified and updated construction documents to the contractor to construct an additional boat slip and changes to the planting schedule. A Dedicated Allowance, Permitting and Archaeological at $500,000.00 to include Police Officers, $20,000.00 for permits, and 100,000.00 for Archaeological, respectively, is included in the Base Bid for the work performed for modified constructions. The completion of the modified work tasks will be compensated from this allowance. These allowances are to be utilized at the City's discretion and not a guarantee to the Contractor. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM James Reyes City Manager Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement DocuSigned by: `— 89540 E B 73 CAC468... DATE: April 24, 2026 SUBJECT: Recommendation for Award of Construction Services Contract for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193803 REFERENCES: Invitation to Bid ("ITB") No. 24-25-011-R 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 Florida Engineering and Development Corp. ("FED"), who has been deemed the sole responsive and responsible Bidder, for ITB No. 24-25-011-R Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193803 ("Project"). BACKGROUND: On June 13, 2025, Procurement issued a solicitation under full and open competition to obtain bids from qualified firms. On August 5, 2025, Procurement received one (1) bid in response to the solicitation (see attached Bid Security List). Pursuant to the solicitation, Bidders were required to 1) Hold 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; 2) Demonstrate experience as the Prime Contractor for at least three (3) projects of comparable scale and complexity with a construction cost of at least $5 Million ongoing or completed within the last ten (10) years, with one (1) project involving the implementation of adaptive re -design including, but not limited to, elements such as a seawall, baywalk, and landscape improvements of comparable scope, scale, and complexity to the Project. The General Contractor may be allowed to meet the latter project experience through themselves or a Subcontractor. The General Contractor must have a proven track record of coordination with and between all applicable trades, including but not limited to, structural, mechanical, plumbing, electrical, as well as seawall and baywalk components as may be required during the construction of the Project; 3) The referenced projects to meet the qualifications stipulated in 2), whether by the General Contractor or any Subcontractor, must be submitted utilizing Form ITB-GCR, and shall demonstrate that the General Contractor or Subcontractor acted as General Contractor for the reference project. At a minimum, the Contractor shall be responsible for the mobilization of labor and equipment, site security, installation of the project perimeter fence, clearing and grubbing, demolition and disposal of existing drainage and park amenities. FINDINGS: Procurement conducted due diligence on the bid received, following the guidelines published in the solicitation. As a result of such effort, the sole Bidder, FED was deemed responsive and responsible and compliant with the Minimum Requirements stipulated in the "Notice to Contractors," and demonstrated the required prior experience in projects of comparable scope, scale, and complexity similar to the Project. The City's Office of Capital Improvements ("OCI") reviewed and evaluated FED's bid and compared it with an estimate of probable construction cost prepared by Curtis & Rogers Design Studio, Inc. ("C&R"), the Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Page 2 - Recommendation of Award of ITB No. 24-25-011-R, Seawall, Baywalk, and Landscape Improvements at Jose Marti Park James Reyes, City Manager Architect of Record ("AOR") for the Project. Procurement and OCI held four (4) Negotiation Meetings with FED on September 12, 2025, October 3, 2025, October 17, 2025, and December 4, 2025. Upon completion of the fourth meeting, OCI recommended awarding the contract to FED, as the Bidder demonstrated both the capacity and reliability to perform the Project in compliance with the construction documents. On January 12, 2026, Florida Commerce approved the award of this contract. Based on the above findings, Procurement hereby recommends that the Project be awarded to FED as shown below: FED BID ITEMS (PHASE 1) BID ITEMS VALUES Lump Sum Base Bid $20,380,396.67 5% Owner's Contingency Allowance $1,019,019.83 Permit Fees & Other Reimbursables $1,070,000.00 TOTAL CONTRACT AWARD VALUE $22,469,416.50 FED BID ITEMS (PHASE 2) BID ITEMS VALUES Lump Sum Base Bid $961,440.00 5% Owner's Contingency Allowance $48,072.00 TOTAL CONTRACT AWARD VALUE $1,009,512.00 GRAND TOTAL CONTRACT AWARD VALUE $23,478,928.50 CONTRACT EXECUTION: Accordingly, Procurement hereby requests authorization to prepare and execute a contract with FED. Pursuant to Resolution R-25-0208, approved by the City Commission on June 17, 2025, amending Section 18-117, "Economic Stimulus Awards and Agreements" of the City Code, the City Manager has delegated authority to award this contract and execute the ensuing agreement. Funding is currently available to complete the project for a grand total contract value at award of $23,478,928.50, which is comprised of a Phase 1 Lump Sum in the amount of $22,469,416.50, including a 5% Owner's Contingency Allowance, Permit Fees and Other Reimbursables, plus a Phase 2 Lump Sum in the amount of $1,009,512.00, including a 5% Owner's Contingency Allowance, as shown above. Your signature below indicates your approval of Procurement's recommendation. Approved: Signed by: F7l'g^^7� James Reyes, City Manager Date: April 30, 2026 1 15:46:28 EDT c: Natasha Colebrook -Williams, Deputy City Manager Asael "Ace" Marrero, AIA, Assistant City Manager/Chief of Infrastructure Barbara Hernandez, MPA, Assistant City Manager/Chief of Operations Thomas Fossler, Assistant City Attorney, Office of the City Attorney Jose R. Perez, AIA, Director, OCI Oscar Ellis, Director, Parks & Recreation Department Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR25034 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C ANNIE PEREZ, CPPO Director of Procurement April 3, 2026 Jose Vega, President Florida Engineering and Development Corp. 12076 NW 98th Avenue Hialeah Gardens, FL 33018 JAMES REYES City Manager Re: Request for Extension of Bid Price and Bid Bond. ITB No. 24-25-011-R. Seawalk, Baywalk. and Landscape Improvements at Jose Marti Park - D3. Proiect No. B-193803 Dear Mr. Vega, As a result of discussions with Florida Commerce, the State of Florida entity responsible for overseeing a grant to be utilized to fund a portion of this project, and in an effort to finalize the contract award recommendation to Florida Engineering and Development, Corp. (FED), it has been determined that additional time beyond the initial 180 day -offer period will be required before the award recommendation may be submitted to the City Manager's Office for final approval. In an effort to secure Florida Commerce's approval and revised grant documents to allow for future reimbursement on certain expenditures on this contract (please see attached file that highlights the line item that are eligible for funding through the grant), we need assurance from FED that the prices provided in its Best and Final Offer (BAFO) dated December 4, 2025 will remain valid through June 30, 2026. Therefore, if your firm wishes to remain under consideration for the subject award, it must agree to extend its offer, including the bid price and other terms and conditions as originally submitted, through June 30, 2026. In addition, FED must also secure the validity of the offer by providing an extension through June 30, 2026, of the associated bid bond, or through some other security as set forth in the solicitation. Please acknowledge your agreement to extend the terms of the offer by signing in the space provided below no later than close of business day on April 8, 2026. Should your agreement not be received by the stated deadline, or your bid bond not be extended or a sufficient substitute provided, your firm will not be further considered for award of the contract. Should you have any questions please contact Fernando V. Ponassi, Assistant Director for A&E and Construction Services, via e-mail at FPonassi@miami.gov or by phone at 305-416-1902. Sincerely, Annie Perez, CPPO Director/Chief Procurement Officer Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Page 2 - Request for Extension of Bid Price and Bid Bond, ITB No. 24-25-011-R, Seawalk, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193803 Florida Engineering and Development Corp. Florida Engineering and Development Corp. hereby extends its offer dated December 4, 2025, through June 30, 2026. Florida Engineering and Development Corp. understands that a revised bid bond is required and agrees to furnish a revised bid bond within fourteen (14) calendar days from the date this letter is returned. Please deliver the required documents to City of Miami, Department of Procurement, 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130, Attention: Fernando V. Ponassi. Co_acurrrrce by c: Todd B. Hannon, City Clerk Thomas M. Fossler, Assistant City Attorney, Office of the City Attorney Jose R. Perez, AIA, Director, Office of Capital Improvements Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP resident, Florida Engineering and Development Corp. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C WLORIDA ENGINEERItv1/47 Florida Engineering & Development Corp 12076 NW 98th Ave. Hialeah Gardens FI. 33018 Date: 12/04/2025 Final Negotiation Meeting REVISED PROPOSAL Phase 1 MOBILIZATION $ 1,752,186.54 SITE PREPARATION $ 1,028,147.15 COASTAL INFRASTRUCTURE $ 8,012,950.00 DRAINAGE $ 3,807,657.98 HARDSCAPE $ 4,258,820.00 FURNITURE $ - $ LIGHTING $ 611,125.00 SIGNAGE $ $ LANDSCAPE $ 909,510.00 $ SUBTOTAL S 20.380.396.67 S CONTINGENCY $ 1,019,019.83 BOND & INSURANCE $ 450,000.00 ARCHAELOGICAL $ 100,000.00 PERMIT $ 20,000.00 DEDICATED ALLOWANCE $ 500,000.00 TOTAL $ 22,469,416.50 GRAND TOTAL $ 23,478,928.50 Negotiated Options to Reduce Cost: Phase 2 700,300.00 153,140.00 108,000.00 961,440.00 48,072.00 1,009,512.00 Reduce Site Furnishings Reduce # of Signs Remove Floating Dock Replace all Base Aggregate for Crushed Concrete Reduce amount of BAM (Sketch provided by FEDC) Reduce Quantity of Landscape and Size of Trees Remove one of the 3 Viewing Platforms Remove Reef Wall Panels Additional Contract Time to 24 Months No handling or disposal of contaminated material Police Officers are part of the Dedicated Allowance Dewatering Permits covered in Permit Allowance Contract to be awarded before the end of the year Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C BID BOND EXTENSION FORM (Page 1 of 3) State of Florida ) County of Miami -Dade ) City of Miami Florida Engineering and Development Corp. KNOWN ALL PERSONS BY THESE PRESENTS, that as Principal, Berkley Insurance Company as Surety, are held and firmly bound unto the City of Miami, in the penal sum of Five Perent of Amount Bid dollars ($ 5% of Amount Bid) 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 Best and Final Offer (BAFO), dated December 4, 2025, for: ITB No. 24-25-011-R Seawall, Baywalk, and Landscape Improvements at Jose Marti Park — D3 — Project No. B-193803 NOW THEREFORE: (a) If the Principal shall not withdraw said BAFO before June 30, 2026 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 BAFO 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 BAFO 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 BAFO 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. Seawall, Baywalk, and Landscape Improvements at Jose ITB No. 24-25-011-R Marti Park — D3 — Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C BID BOND EXTENSION FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 7th day of April _, 2026 , 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 will only attest and affix se Svignaturauthorized officer Sign-ature'of authorized officer Affix 'Sail' '' WITNESS: Signature of Surety Secretary Dawn Auspitz, Witness Affix Seal PRINCIPAL: Sign Full Name and Title Florida Engineering and Development Corp. Name of Firm 12076 N.W. 98th Avenue, Hialeah Gardens, FL 33018 Business Address City/State/Zip Code SURETY: iv Signature of Authorized Officer Warren M. Alter, Attorney -in -Fact Full name and Title Berkley Insurance Company Name of Firm 475 Steamboat Road, Greenwich, CT 06830 Business Address City/State/Zip Code Seawall, Baywalk, and Landscape Improvements at Jose Marti Park — D3 — Project No. B-193803 ITB No. 24-25-011-R Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C BID BOND EXTENSION FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL I, ( 4A - MeLiNo Secretary of the Corporation named as Principal in the within bond; that TOSS VEGA signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested of said corporation; 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 , certify that I am the that I know his Before me, a Notary Public duly commissioned, and qualified, personally appeared Warren M. Alter to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the Berkley Insurance Company he/she has been authorized by them and that 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 7th day of April INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders. , 20 26 Notary Public, State of` lorida at Large. My Commission Expires: 11/15/2029 Notary Public; $tMs of FikAQa 1 � Dawn A trCommissionn Hill 12 ear4 Expiraa 1111E12021 a _ _ _ - -. Seawall, Baywalk, and Landscape Improvements at Jose Marti Park — D3 — Project No. B-193803 ITB No. 24-25-011-R Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C No. BI-7959e-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE 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: Warren M. Alter; David T. Saline; Dawn Auspitz; Jonathan Bursevich; Joseph Schwartz; or Russell S. Stampler of Alter Surety Group, Inc. of Miami Lakes, 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 One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), 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 foli owing 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 2'1 day of May 2024 _ Berkley Insurance Company By Philip SJelt Executive Vice President & Secretary Jei€re$ N -[1-fr Senior Vice President STATE OF CON'NECTICU T ) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this 2nd day of May 2024 , by Philip S. Welt and Jeffrey M_ Hafter who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice President, respectively, of Berkley Insurance Company. MFItA C. IFil1NDBAl0E1 NOTARY MUG Notary Public, State of Connecticut ilGt+ NEC iOI COMN WPM 04430-20211 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 tltat-the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of AttokileMahed, is in full force and effect as of this date. 7th April 2026 y "'t 'ar.. der my hand and seal of the Company, this day of WSEAL is7s '1tawr %1j) Lie4,44— Vincent P. Forte Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C PLEASE VERIFY THE AUTHENTICITY OF THE INSTRUMENT ATTACHED TO THIS POWER BY: Toll -Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkleysurety.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 OR Email: BSGCIaim@berkleysurety.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: 0C3A79B6-AB83-8A98-8366-1318CB92332C Clear Form CITY OF MIAMI Vendor Responsibility Checklist Name of Firm: Florida Engineering and Development Corp. Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment box to clear that field. CATEGORY RESPONSE City Vendor Registration Affirmation YES State of Florida Corporation (Sunbiz) Select D&B Pacer Bid/Proposal Bond N/A Upload Clear _ Upload lw Clear Upload N/A .' Clear BID & PE Upload Clear View All Attachments Delete Last Delete All iSupplier Number: 16215 Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment section to clear that field. PERFORMANCE/REFERENCE CHECKS J Delete Last Delete All ATTACHMENTS System of Award Managment (SAM) NO Upload SAM- FED.pdf Convicted Vendor List NO Debarred Contractors NO Suspended Contractors NO Suspended Vendors -State: NO Scrutinized Companies List: NO Google Search: NO Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Convicted Vendor List_ Vendor Registra...pdf contractor-debarment.pdf Miami -Dade County - Building and neighborhood Compliance Offic Suspended Vendor List _ Vendor Registra...pdf 2026_02_24_web_update_pfia_proh ibited_list.pdf florida engineering and development corp - Search News.pdf Links Verified: 9/30/2025 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST BID ITEM: Seawall, Baywalk, and Landscape Improvements at Jose Marti Park BID NUMBER: ITB 24-25-011-R DATE BID OPENED: August 5, 2025 TIME: 3:00 p.m. BIDDER Florida Engineering and Development Corp 4. 9, E.yl.'l :i:... . . C::o hereby rojoc[Gd iR3 s:R.s.r BID TOTAL AMOUNT $29,882, 189.26 BID BOND (ER) CASHIER'S CHECK S °/v Per on R On: . Bid(s) Qo Tbday's Date Received ( 1 ) bid(s) on behalf: Procurement PREPARED BY: City Departme LA Y ` Deputy City Clerk Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C SECTION 5 CONTRACT EXECUTION FORMS THIS Contract # ITB No. 24-25-011-R made this lilt day of July in the year 2026 in the amount of $23,478,928.50 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and Florida Engineering and Development Corp., hereinafter called the "Contractor " CONTRACT EXECUTION FORM IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST Signature 0 t j ill VP. Secretary Ear t, arse TTtfb. 'J • W�A CONTRACTOR Secretary (Affirm Contractor Seal, if available) ATTEST: DocuSigned by: Toc�d15annon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: (—Signed by Fray& romti5 — 27315CA3182-11 E7... David Ruiz, Interim Director Risk Management Department Signed by: Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193803 Florida Engineering and Development Corp., a Florida Profit Corpo9ign Signature Jose Vega, President Print Name, Title of Authorized Officer or Official (CORPORATE SEAL) CITY OF MIAMI, a municipal corporation of the State of Florida Signed by: James eye , City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Signed by: rc ov�c hiso (II `— 88746 E4Ea824813... George K. Wysong, I11, City Attorney 26-1430 ITB No. 24-25-011-R Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CERTIFICATE AS TO CORPORATE PRINCIPAL Omar Medina , 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 Jose Vega , who signed the Bond(s) on behalf of the Principal, was then President 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 (SEAL) Secretary (on behalf of) Florida Engineering and Development Corp. Corporation STATE OF COUNTY OF Before me, a Notary Public duly commissioned, qualified and acting personally, appeared Jose Vega 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 day of , 20 My commission expires: Apr; 1 23 2A28 Notary Public, State of Floric(4 at Large Bonded by _r1&t1 Ihsurunce Comptini Lav *fiPLB4% CHRISTINADE VITO + ' * Commissi.ni#HH507877 Expires April 23, 2028 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C ALTER SURETY GROUP, INC. Bond Department - Public Works Bond In compliance with Florida Statute Chapter 255.05, the provisions and limitations of section 255.05 Florida Statutes, including but not limited to, the notice and time limitations in Sections 255.05(2) and 255.05(10) are incorporated in this bond by reference. Bond Number: 0276265 Contractor Florida Engineering & Development Corp. Address & 12076 N.W. 98th Avenue, Hialeah Gardens, FL 33018 Phone No.: (305) 820-8333 Surety Berkley Insurance Company Address & 475 Steamboat Road, Greenwich, CT 06830 Phone No.: 203-542-3800 Owner Name: City of Miami Address & 444 SW 2nd Avenue, Miami, FL 33130 Phone No.: 305-416-1200 Contracting Public Entity (if different from the owner) Address & Phone No.: Contract/Project Number: ITB NO. 24-25-011-R, D3 PROJECT NO. B-193803 Project Name: SEAWALL, BAYWALK, AND LANDSCAPE IMPROVEMENTS AT JOSE MARTI PARK Project Location: 362 SW 4th Street, Miami, FL 33130 Legal Description And Street Address: 362 SW 4th Street, Miami, FL 33130 Description of Improvement: SEAWALL, BAYWALK, AND LANDSCAPE IMPROVEMENTS This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2) and (10), Florida Statutes. Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common law bond. This is the front page of the bond. All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Bond Number 0276265 FORM OF PERFORMANCE BOND (Page 1 of 2) _ BY THIS BOND, We Florida Engineering and Development Corp. , as Principal, hereinafter called Contractor, and Berkley Insurance Company , as Surety, are bound to the City of Miami, Florida, Twenty Three Million Four Hundred Seventy Eight Thousand Nine as Obligee, hereinafter called City, in the amount of Hundred Twenty Eiaht and 50/100 Dollars ($23,478,928.50 ; for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS Contractor has by written agreement entered into a Contract, bid/Contract ITB No. 24- 25-011-R, Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, B-193803, awarded the 30th day of April , 20 26 , 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: SEAWALL, BAYWALK, AND LANDSCAPE 1. Performs the Contract between Contractor and City for construction of IMPROVEMENTS AT JOSE MARTI PARK 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 attorneys' 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 7th day of May 20 26 WITNESS: (If Sole Ownership. Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary will only attest and affix seal Sig ature of authorized,pfficer tc..1406044 p Z A'i attireeef aut sized officer {- • 4Affix; 'ette6 Y IN THE PRESENCE OF: Signature Atiack-, Signature Affix Seal Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193803 PRINCIPAL: Florida Engineering and eve .•ment Corp. Sig Full Name and Title Florida Engineering and Development Corp. Name of Firm 12076 N.W. 98th Avenue, Hialeah Gardens, FL 33018 Business Address City/State/Zip Code INSURANCE COMPANY: Berkley Insurh, ce Company Div By Agent and Attorney -in -Fact 475 Steamboat Road, Greenwich, CT 06830 Business Address City/State/Zip Code 203-542-3800 Telephone ITB No. 24-25-011-R Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Bond Number 0276265 FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We Florida Engineering and Development Corp. , as Principal, hereinafter called Contractor, and Markel Insurance Company , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Twenty Three Million Four Hundred Seventy Eight Thousand Nine Hundred Twent,v Ei_pht and 50/100 Dollars ($ 23,478,928.50for 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, ITB. No. 24-25-011-R, Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, B-193803, awarded the 30th day of April , 2026 , 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 attorneys' 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. Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 7th day of May 20 26 WITNESS: If Sole Ownership. Partnership. or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary will only attest and affix seal) „t,4/ f'6trtho ize gfficeSr � �yhADAAj nature cf4plhorized officer Affix Seal IN THE PRESENCE OF: oUG Signature Yi2451A, Signature Affix Seal Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193803 PRINCIPAL: Florida Engineering and Development Corp. Signatur Full Name and Title Florida Engineering and Development Corp. Name of Firm 12076 N.W. 98th Avenue, Hialeah Gardens, FL 33018 Business Address City/State/Zip Code INSURANCE COMPANY: Berkleq`Igsurance Company u� By Agent and Attorney -in -Fact 475 Steamboat Road, Greenwich, CT 06830 Business Address City/State/Zip Code 203-542-3800 Telephone ITB No. 24-25-011-R Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the corporation named as Princi al in the fore oing Performance and Payment Bond (Performance Bond and Payment d); that , who signed the Bond(s) on behalf of the Principal, was then r17,1, 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. (SEAL) Secretary (on behalf of) Corporation STATE OF COUNTY OF Before me, a Notary Public duly commissioned, qualified and acting personally, appeared 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 day of , 20 My commission expires: Notary Public, State of at Large Bonded by Berkley Insurance Company CA_43) CHRISTINADE VITO Commission # HH 507877 Expires April 23, 2028 Seawall, Baywalk, and Landscape Improvements ITB No. 24-25-011-R at Jose Marti Park - D3, Project No. B-193803 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C No. BI-7959e-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE 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: Warren M. Alter; David T. Satine; Dawn Auspitz; Jonathan Bursevich; Joseph Schwartz; or Russell S. Stampler of Alter Surety Group, Inc. of Miami Lakes, 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 One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), 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 person s. 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 foll owing 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. I WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2Thi day of May 2024 _ `zoSU ft,sci. Attest: Berkley Insurance Company clip S. - eh Je itair By ,. fOL 'S) By Executive Vice President & Secretary Senior Vice President STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this 2' day of MaV . 2024 , by Philip S. Welt and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice President, respectively, of Berkley insurance Company. WERIAG RUNDBl11®W HOMY MUG MN MOM WCOMMISSION MRCS O4'304O 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 *alike authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attd{a it hed, is in full force and effect as of this date. 7th May 2026 ,p"P r&nder my hand and seal of the Company, this day of SEAL' ) urs Notary Public, State of Connecticut Vincent P. Forte Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C PLEASE VERIFY THE AUTHENTICITY OF THE INSTRUMENT ATTACHED TO THIS POWER BY: Toll -Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkleysurety.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 OR Email: BSGCIaim@berkleysurety.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 nnaisinn Fnvelnne In• OC3A79B6-AB83-8A98-8366-1318CR92332C IMPORTANT NOTICE You are required to record your bonds in the County records prior to commencement. Florida Statutes requires that YOU, the Prime Contractor, RECORD YOUR BONDS with the Clerk of the County where the project is located, PRIOR TO COMMENCEMENT. For public projects, please see Florida Statutes 255.05 (1)(a) For Privately owned projects, please see the Florida Statutes 713.13 (1) (a) FAILURE TO PROPERLY RECORD A BOND may convert it from a Statutory Bond to a Common Law Bond, which INCREASES the time in which a CLAIMANT OR OBLIGEE can make a demand AGAINST your bond AND potentially INVITING claims that would otherwise be invalid. CONDITIONAL BONDS ONLY: In the Notice of Commencement where the bond is referenced, please make sure either you or the owner lists the bond as a CONDITIONAL PAYMENT BOND (the word conditional must be used) Attached is an EXTRA ORIGINAL FOR RECORDING of your Performance and Pay ment Bond. In most cases, the Clerk will stamp the bond with the filing location and return the original to you. lithe Clerk does not return the original, please ask for a copy with the filing location stamped on it. This is your proof that the bond was filed. It is IMPORTANT THAT YOU KEEP THIS IN YOUR JOB RECORDS. We hope your project is a profitable and successful venture. Please contact us if you have any questions in the regard. T1A.44A-k you, far attawiAtg A L#eA Lisr Swre,t y Gro-wps, hilt/ fa- 1,e/ of- ss-rvi.c e, 5979 N.W. 151 st Street • Suite 202 • Miami Lakes, FL 33014 Phone: 305-517-3803 • Fax: 305-328-4838 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Max Sagesse Senior Procurement Contracting Officer City of Miami — Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Phone: (305) 416-1913 Fax: (305) 400-5074 Fax: (305) 416-1925 E-mail: msagesse@miami.gov "Serving, Enhancing, and Transforming our Community" Mission: The City of Miami Department of Procurement's mission is to ethically procure quality goods and services, design, construction and construction management services at the best value for the City, while providing excellent customer service, process efficiency, transparency, fairness, competition, accountability, and maintaining public trust. Please Note: Unless noted as "Florida Statute 119 Exempt," all communications (including email addresses) sent and received through the City of Miami's email system are considered public record. The Florida Public Records Act requires the City to make all public records available for inspection and to provide copies upon request. Please govern yourself accordingly. If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the City of Miami. From: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Sent: Monday, May 11, 2026 8:47 AM To: Sagesse, Max <msagesse@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com> Subject: RE: Performance Bond and Payment Bond and Certificate of Insurance for ITB No. 24-25-011-R Good morning Max, The bond is acceptable to Risk. Thanks, Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C AC Rom' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/8M/DDN /2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Acrisure Southeast Partners Insurance Services, LLC 1317 Citizens Blvd Leesburg FL 34748 License#: BR-1796553 CONTACT NAME: Mia Alexander PHONE FAX (A/C No Ext): 305-503-9183 (A/C, No): a DRIE DSS: mialexander@acrisure.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Valley Forge Insurance Company 20508 INSURED FLORENG-03 Florida Engineering & Development Corp 12076 NW 98th Avenue Hialeah FL 33018 INSURERB: The Continental Insurance Company 35289 INSURER C: National Fire Insurance Company of Hartford 20478 INSURERD: Ironshore Specialty Insurance Company 25445 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 266323816 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 6080084684 4/1/2026 4/1/2027 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES Tar-LOC PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ C AUTOMOBILE X X LIABILITY ANY AUTO OWNED x SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y 6080084698 4/1/2026 4/1/2027 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE Y Y 6080084703 4/1/2026 4/1/2027 EACH OCCURRENCE $ 5000000 AGGREGATE $ 5000000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A Y 7011543760 4/1/2026 4/1/2027 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 D Pollution Liability Y Y ICELLUW00167308 4/1/2026 4/1/2027 Occurrence/Aggregate $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as an additional insured for ongoing & completed operations on the General Liability as required per written contract and a designated insured on the Auto Liability and Pollution Liability when required by written contract. Primary and Noncontributory coverage applies to the General Liability, Auto Liability, and Pollution Liability when required by written contract. Waiver of subrogation applies to General Liability, Auto, Pollution Liability, and Worker's Compensation when required by written contract. Umbrella Policy follows -form over General Liability, Auto Liability and Employers Liability subject to policy terms and conditions. XCU coverage is included. Cancellation 30-days except 10-days for non-payment of premium. ITB No. 24-25-011-R Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193803 ("Project"). CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue 6th Floor Miami FL 33130 USA 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 .—� - --AtA Tgly lmin ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT 10020008460800846845598 Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation — Blanket 26. Wrap -Up Extension: OCIP CCIP, or Consolidated (Wrap -Up) Insurance Programs CNA74705XX (1-15) Policy No: 6080084684 Page 1 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX (1-15) Policy No: 6080084684 Page 2 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT 10020D08460800846845599 Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX (1-15) Policy No: 6080084684 Page 3 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX (1-15) Policy No: 6080084684 Page 4 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT 10020008460800846845600 Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. 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: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX (1-15) Policy No: 6080084684 Page 5 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: 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 a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; 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 other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes 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. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) Policy No: 6080084684 Page 6 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT 10020008460800846845601 Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: 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. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: 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; 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; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX (1-15) Policy No: 6080084684 Page 7 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: 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 or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX (1-15) Policy No: 6080084684 Page 8 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT 0 0 Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. MedicarelMedicaid Fraud CNA74705XX (1-15) Policy No: 6080084684 Page 9 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and CNA74705XX (1-15) Policy No: 6080084684 Page 10 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT 100200084608008468456a3 Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: 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, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX (1-15) Policy No: 6080084684 Page 11 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement J. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, 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; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX (1-15) Policy No: 6080084684 Page 12 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT 10020008460800846845604 Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX (1-15) Policy No: 6080084684 Page 13 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury 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. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: CNA74705XX (1-15) Policy No: 6080084684 Page 14 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT 10020008460800846845605 Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX (1-15) Policy No: 6080084684 Page 15 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX (1-15) Policy No: 6080084684 Page 16 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74705XX (1-15) Policy No: 6080084684 Page 17 of 17 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2026 Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT 10020008460800846845608 Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage; and C. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 1. Coverage broader than what you are required to provide by the written contract; or 2. A higher limit of insurance than what you are required to provide by the written contract. Any coverage granted by this Paragraph I. shall apply solely to the extent permissible by law. II. If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage. III. But if the written contract requires: A. Additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. Additional insured coverage with "arising out of' language; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. CNA75079XX (3-22) Page 1 of 3 The Continental Insurance Co. Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Policy No: 6080084684 Endorsement No: 10 Effective Date: 0 4/ 01 / 2 0 2 6 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement IV. But if the written contract requires additional insured coverage to the greatest extent permissible by law, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. 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; and 2. Supervisory, inspection, architectural or engineering activities; or B. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage Part: Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. Primary and non-contributing with other insurance available to the additional insured; or 2. Primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. Send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. Make available any other insurance, and endeavor to tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to other insurance under which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. CNA75079XX (3-22) Page 2 of 3 The Continental Insurance Co. Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Policy No: 6080084684 Endorsement No: 10 Effective Date: 04/01/2026 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA CNA PARAMOUNT 10020008460800846845609 Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement VIII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: A. Was executed prior to: 1. The bodily injury or property damage; or 2. The offense that caused the personal and advertising injury; for which the additional insured seeks coverage; and B. Is still in effect at the time of the bodily injury or property damage occurrence or personal and advertising injury offense. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (3-22) Page 3 of 3 The Continental Insurance Co. Insured Name: FLORIDA ENGINEERING & DEVELOPMENT CORP Copyright CNA All Rights Reserved. Policy No: 6080084684 Endorsement No: 10 Effective Date: 04/01/2026 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C DNA 1 Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating 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. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX (04-2012) Page: 1 of 4 Underwriting Company: National Fire Insurance of Hartford Policy No: BUA 6080084698 Policy Effective Date 04/01/2026 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C DNA Business Auto Policy Policy Endorsement C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $ 1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX (04-2012) Page: 1 of 4 Underwriting Company: National Fire Insurance of Hartford Policy No: BUA 6080084698 Policy Effective Date:04/01/2026 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C DNA Business Auto Policy Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $ 100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX (04-2012) Page: 1 of 4 Underwriting Company: National Fire Insurance of Hartford Policy No: BUA 6080084698 Policy Effective Date:04/01/2026 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C DNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX (04-2012) Page: 1 of 4 Underwriting Company: National Fire Insurance of Hartford Policy No: BUA 6080084698 Policy Effective Date:04/01/2026 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CNA 1 Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMEN We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Policy No: WC 7 11543760 Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 04/01/2026 Copyright 1983 National Council on Compensation Insurance. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Outlook RE: Performance Bond and Payment Bond and Certificate of Insurance for ITB No. 24-25-011-R From Quevedo, Terry <TQuevedo@miamigov.com> Date Mon 5/11/2026 9:17 AM To Sagesse, Max <msagesse@miamigov.com>; Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> GM Max The certificate is adequate. Regards, Terry M. Quevedo City of Miami Risk Management Department 14 NE 1st Avenue, 2nd Floor Miami, Florida 33132 (305) 416-1641 Office (305) 416-1710 Fax Tquevedo@miamigov.com ..Sete,61, Eaaget:49, gctd -724040100i09 aun eavcustuctitcy From: Sagesse, Max <msagesse@miamigov.com> Sent: Monday, May 11, 2026 9:08 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com> Subject: Re: Performance Bond and Payment Bond and Certificate of Insurance for ITB No. 24-25-011-R Hello Frank, Please let me know if you approve the COI. Thank you. Respectfully, Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C "General Decision Number: FL2O26O215 01/02/2026 Superseded General Decision Number: FL2O25O215 State: Florida Construction Type: Building County: Miami -Dade County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 01/02/2026 ASBEOO6O-001 03/01/2025 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR $ 39.76 19.02 CARP18O9-002 08/01/2016 Rates Fringes CARPENTER: PILEDRIVERMAN $ 25.20 10.36 ELEVOO71-002 01/01/2025 Rates Fringes ELEVATOR MECHANIC $ 55.85 38.435+a+b FOOTNOTE: a: Employer contributes 8% basic hourly rate for 5 years or more of service or 6% basic hourly rate for 6 months to 5 years of service as Vacation Pay Credit; b. Paid Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; plus the Friday after Thanksgiving; and Christmas Day. ENGIO487-019 07/01/2023 Rates Fringes OPERATOR: Backhoe/Excavator/Trackhoe $ 27.00 14.90 ENGIO487-020 07/01/2023 Rates Fringes OPERATOR: Concrete Pump $ 32.75 14.90 ENGIO487-023 07/01/2023 Rates Fringes Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C OPERATOR: Crane All Cranes 75 Tons and below $ 37.07 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes $ 40.40 Cranes 130-300 Ton $ 39.38 Cranes 76 ton to 129 Ton$ 37.57 14.90 14.90 14.90 14.90 ENGIO487-029 07/01/2023 Rates Fringes OPERATOR: Forklift $ 26.75 14.90 OPERATOR: Mechanic $ 37.07 14.90 OPERATOR: Oiler $ 27.53 14.90 IRONO272-001 10/01/2024 Rates Fringes IRONWORKER, STRUCTURAL $ 28.84 15.72 IRONO4O2-001 10/01/2024 Rates Fringes IRONWORKER, ORNAMENTAL $ 28.90 15.66 PLUMO519-001 10/01/2025 Rates Fringes PLUMBER $ 32.98 14.49 PLUMO725-001 07/16/2024 Rates Fringes PIPEFITTER (Includes HVAC Pipe, Unit and Temperature Controls Installations) $ 43.38 16.70 SFFLO821-004 07/01/2025 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 35.03 24.00 SHEE0032-001 08/12/2023 Rates Fringes SHEET METAL WORKER, Includes HVAC Duct Installation $ 29.10 14.68 SUFL2O14-024 08/16/2016 Rates Fringes CARPENTER, Includes Acoustical Ceiling Installation, Drywall Finishing/Taping, Drywall Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Hanging, Form Work, Metal Stud Installation $ 18.04 3.24 CEMENT MASON/CONCRETE FINISHER$ 13.06 0.70 ELECTRICIAN, Includes Low Voltage Wiring $ 29.60 9.38 IRONWORKER, REINFORCING $ 17.72 0.00 LABORER: Common or General, Including Cement Mason Tending$ 11.79 0.70 LABORER: Pipelayer $ 13.56 1.34 OPERATOR: Bulldozer $ 15.40 1.90 OPERATOR: Grader/Blade $ 18.97 0.00 OPERATOR: Loader $ 16.00 2.82 OPERATOR: Roller $ 14.43 4.78 PAINTER: Brush, Roller and Spray $ 16.00 3.48 ROOFER $ 19.98 4.77 TILE SETTER $ 18.01 0.00 TRUCK DRIVER: Dump Truck $ 13.22 2.12 TRUCK DRIVER: Lowboy Truck $ 14.24 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 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. Note: Executive Order 13658 generally applies to contracts subject to the Davis -Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis -Bacon Related Acts regardless of when they were awarded. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 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 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. 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) (iii)). The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUMO198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 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. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C The ""SU"" identifier indicates that either a single non -union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SUFL2O22-007 6/27/2024. SU indicates the rate is a single non -union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the 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. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2O23-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail 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 any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 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. END OF GENERAL DECISION Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Appendix II to Part 200—Solicitation and Contract Provisions for Non -Federal Entity Contracts Under Federal Awards and other Related Federal Clauses In addition to other provisions required by the Federal agency or non -Federal entity, all solicitations and contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. Appendix II to Part 200(A) REMEDIES: Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Appendix II to Part 200(B) TERMINATION for CAUSE & CONVENIENCE: All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. Appendix II to Part 200(C) EQUAL OPPORTUNITY & NON-DISCRIMINATION: Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Appendix II to Part 200(D) DAVIS-BACON ACT (1): Davis -Bacon Act, as amended 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis - Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. Appendix II to Part 200(D) DAVIS-BACON ACT (2): The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Appendix II to Part 200(D) DAVIS-BACON ACT (3): The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Appendix II to Part 200(E) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT: Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Appendix II to Part 200(F) RIGHTS to INVENTIONS: Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 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. Appendix II to Part 200(G) CLEAR AIR ACT & FEDERAL WATER POLLUTION CONTROL ACT: Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Appendix II to Part 200(H) DEBARMENT & SUSPENSION: Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Appendix II to Part 200(1) BYRD ANTI -LOBBYING: Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 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 must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (J) 200.323 Procurement of recovered materials. (a) A recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single -use plastic products. See Executive Order 14057, section 101, Policy. (K) 200.216 Prohibition on certain telecommunications and video surveillance equipment or services. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain covered telecommunications equipment or services; (2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services. (b) As described in section 889 of Public Law 115-232, "covered telecommunications equipment or services" means any of the following: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (c) For the purposes of this section, "covered telecommunications equipment or services" also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (d) In implementing the prohibition under section 889 of , heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained. (e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports. (f) For additional information, see section 889 of Public Law 115-232 and § 200.471. (L) 200.322 Domestic preferences for procurements. (a) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Note: Pursuant to 2 CFR part 184.8, Build America, Buy America Act (BABA) preference does not apply to CDBG-DR, CDBG-NDR, or CDBG-MIT grants. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C SECTION 3: Contracts subject to the requirements of Section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended (12 U.S.C. §1701 u), must include "the Section 3 clause" pursuant to 24 CFR Part 75. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low- income persons. SECTION 3 CLAUSE I. 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 USC.1701 u (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. II. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, 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 75 regulations. III. 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; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, 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 75. The contractor will 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 75. V. 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 75 require employment Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75. VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. VII. 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 USC 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). Federal Awarding Agency or Pass Through Entity Review and Retention: §200.325(b)1 The non -Federal entity must make available upon request, for the Federal awarding agency or pass - through entity pre -procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates. Records will be maintained for six (6) years after the subrecipient formally closes out the grant award. Employment Eligibility Verification: Executive Order 11-116 signed May 27, 2011, by the Governor of Florida requires contractors, subcontractors, and consultants performing work or services pursuant to the CDBG-MIT sub recipient agreement use the E-Verify system to verify the employment eligibility of all new employees hired by the contractors, subcontractors, and consultants during the term of the contract. Minority and Women Business Enterprises (M/WBE) Affirmative Steps: §200.321 The following affirmative steps will be taken to maximize M/WBE participation: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists. 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Bonding Requirements: §200.326 1. For contracts over $250,000, a bid guarantee from each bidder equivalent to 5% of the bid price is required. 2. For contracts over $250,000, a performance bond on the part of the contractor for 100% of the contract price is required. 3. A payment bond on the part of the contractor for 100% of the contract price is required. 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All individuals viewing, reproducing or disposing of this information are required to protect it in accordance with 32 CFR Part 2002 and GSA Order CIO 2103.2 CU I Policy. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Miami FL Resolution R-26-0146 ADOPTED MODIFICATION ODIFICAT WITH Am- 9.2026g 0A(M� A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), REPLACING ATTACHMENT "A" TO SECTION 18-117 OF THE CITY CODE, WHICH IDENTIFIES CERTAIN CAPITAL CONSTRUCTION PROJECTS SUBJECT TO THE CITY'S ECONOMIC STIMULUS AWARDS AND AGREEMENTS PROCESS, WITH THE REVISED ATTACHMENT "A" ATTACHED AND INCORPORATED HERETO; PROVIDING FOR AN EFFECTIVE DATE. Information Department: Office of Capital Improvements, Dept of Resilience and Public Works, & Dept of Parks and Recreation Category: Other Attachments Agenda Summary and Legislation 18970 Exhibit SUB 18970 Back -Up from Law Dept 18970 Substitution Memo from City Manager Financial Impact Total Fiscal Impact: N/A CIP Project No: Multiple Sponsors: Body/Legislation WHEREAS, Section 18-117 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Economic Stimulus Awards and Agreements," establishes an expedited process for certain capital construction projects identified in Attachment "A" thereto for the express purpose of stimulating the local economy; and WHEREAS, Section 18-117 further provides that Attachment "A" may be amended from time to time by City Commission resolution and that the City Commission may, from time to time, add or delete projects from the list of economic stimulus projects to which Section 18-117 applies; and WHEREAS, the City desires to update the list of qualifying capital construction projects by replacing the existing Attachment "A" with the revised Attachment "A" attached and incorporated into this Resolution; and WHEREAS, upon adoption of this Resolution, the revised Attachment "A" shall constitute the operative list of projects subject to Section 18-117 of the City Code unless and until further amended by resolution of the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Section 2. Pursuant to Section 18-117 of the City Code, the City Commission hereby replaces the existing Attachment "A" to Section 18-117 with the revised Attachment "A" attached and incorporated hereto. Section 3. The revised Attachment "A" approved by this Resolution shall supersede and replace all prior versions of Attachment "A" to Section 18-117 of the City Code. Section 4. This Resolution shall become effective immediately upon its adoption. Meeting History Apr 9, 2026 9:00 AM City Commission City Commission Meeting RESULT: ADOPTED WITH MODIFICATION(S) [UNANIMOUS] MOVER: Ralph "Rafael" Rosado, Commissioner, District Four SECONDER: Miguel Angel Gabela, Commissioner, District One AYES: Christine King, Miguel Angel Gabela, Damian Pardo, Rolando Escalona, Ralph "Rafael" Rosado Powered by Granicus Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and DATE April 8, 2026 Members of the City Commission Cen.kRolbr FROM: James Reyes City Manager SUBJECT: CA 3 - Amending the City of Miami's List of Expedited Projects pursuant to Section 18-117 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Economic Stimulus Awards and Agreements." REFERENCES. ENCLOSURES Item CA 3 on the April 9, 2026, City Commission Meeting Agenda is an item to authorize a Resolution of the Miami City Commission with attachment(s), amending the City of Miami's ("City") list of expedited projects, pursuant to Section 18-117 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Economic Stimulus Awards and Agreements," enacted December 11, 2008, as amended, by replacing the current "Attachment A - 05/22/2025 REVISED" with "Attachment A - 04/09/2026 REVISED," attached and incorporated, for the purpose of including additional new and on -going capital improvements solicitations and projects. In the Agenda package as distributed, Capital Improvements Projects Revised Expedited List Attachment A - 04/09/2026 REVISED did not include all of the capital solicitations and projects that are in the pipeline; therefore, Capital Improvements Projects Revised Expedited List Attachment A - 04/09/2026 REVISED is hereby substituted with Capital Improvements Projects Revised Expedited List Attachment A - 04/09/2026 REVISED_FINAL_v2 to reflect the incorporation of numerous capital improvement solicitations and projects that were not originally included. crs 1/40 :[3 m n rv� 1 ri I ci91-0sLADs-l„hcorlan.\so 1-4(oMcutij Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 04/09/2026 REVISED_FINAL_v2 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-630688 Marine Stadium Restoration DREAM $68,000,000.00 04-Dry Run/Permit Citywide 40-B40571 Virrick Park New Pool Facility Parks $13,211,530.00 07-Construction 2 40-B193602 Brickell Key Bridge RPW $6,246,391.00 07-Construction 2 40-B173619 SW 15 Road from SW 3 Avenue and SW 11 Street RPW $6,261,725.00 03-Design 3 40-B30874 Brickell Avenue from SE 15 Road to SE 8 Street RPW $2,097,247.00 08-Final Completion 2 40-B50906 NE 3 Avenue from NE 54 Street to NE 58 Terrace RPW $3,259,046.00 03-Design 5 40-B193511 and 40- B193511A Curtis Park Community Center Design and Construction Parks $15,365,718.00 07-Construction 1 40-13193512 and 40- 6193512A Armbrister Park Community Center Design and Construction Parks $12,129,000.00 06-Pre-Construction 2 40-B193513 Moore Park Gym Design and Construction Parks $16,357,564.00 05-Bidding 5 40-B193517 New Woodside Park at 3699/3701 SW 1st AVE Parks $7,449,955.00 07-Construction 3 40-B40566 Spring Garden Point Park Parks $1,954,059.27 03-Design 5 40-B40581 Douglas Park Community Center Parks $15,572,411.00 04-Dry Run/Permit 4 40-B193207 Fire Facilities Resiliency Project (FS10) - Design Public Safety $15,465,000.00 04-Dry Run/Permit Citywide 40-B183603 Miami River Greenway Curtis Park East RPW $5,853,553.00 05-Bidding 1 40-B183611 NW 17th Street from NW 27th AVE to NW 32nd AVE - Road & Drainage Construction RPW $7,856,143.00 03-Design 1 40-6193802 Brickell Bay Drive Seawall, Drainage and Road Improvements RPW $32,261,008.00 07-Construction 2 40-B30606 Flagler Street Beautification OCI $33,104,407.00 07-Construction Citywide 40-B30737 South Bayshore Lane/Fairview Street - East and West RPW $12,420,228.00 05-Bidding 2 40-B193522A Dog Run Park Parks $925,877.00 03-Design 4 40-B233506 Fairlawn Community Park Parks $1,150,000.00 07-Construction 4 40 6233507 Shenar*Al03 4 nt Parks $900,000.00 08-Final Completion 2 40-B233513 40 Grapeland Heights Park andDase a ark Parks $2,611,514.00 07-Construction 1 40-B233523 Bayfrontrtl 6 L in 6— gay qzoz Parks $2,833,760.00 01-Planning 2 40-B223801 East Flagami Flood Mitigation RPW $80,137,359.00 05-Bidding 4 a3AJ3O32J Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 04/09/2026 REVISED_FINAL_v2 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B223802 Auburndale Flood Mitigation Project RPW $74,747,852.00 Multi -Phased Project 4 40-B50413 SW 24th St. from 27th Ave to SW 32nd Ave RPW $8,478,403.00 07-Construction 4 40-B50412 SW 23 Terrace from SW 27 Avenue to SW 32 Avenue RPW $6,649,232.00 01-Planning 4 40-B233822 Localized Flooding Improvements Citywide RPW $10,375,000.00 03-Design Citywide 40-B183611A NW 17 Street from NW 32 to NW 37 Avenue RPW $7,473,497.00 05-Bidding 1 40 6193500 Jose Marti Park Seawall, Shoreline, and Flood Improvements Construction OCI $26,644,082.00 05-Bidding 3 40-B193501 Little River Mini Park (Outfall Connection) RPW $3,986,499.00 04-Dry Run/Permit 5 40-B233815 Allapattah Flood Improvements - NW 7 Ave to 14 Ave, NW 23 St to RPW $62,674,641.00 03-Design 1 40 6233816 Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) RPW $33,642,745.00 03-Design 1 40-B233805 Edgewater Flood Improvements - NE 4 Ave to Biscayne Bay, NE 22 St to NE 24 St (Pump Station) RPW $40,852,943.00 03-Design 2 40 6233811 Replacement of Seawalls Morningside between NE 55 Terr, NE 65 St and Biscayne Bay - D2 RPW $3,378,160.00 03-Design 2 40 B233809 Brickell and Coconut Grove Seawalls between SE 25th Rd to Mathenson Ave. and Biscayne Bay - D2 RPW $1,659,265.00 03-Design 2 40-B233810 Replacement of 8 Seawalls in Edgewater between NE 22 St to NE 34 St. along Biscayne Bay - D2 RPW $3,541,662.00 03-Design 2 40-B233804 East Little Havana Flood Improvements - W 12 Ave to W 17 Ave, NW 2 St to SW 6 St (Pump Station) RPW $64,605,980,00 01-Planning 3 40 6233606 8 Street Flood Improvements - SW 17 Ave to SW 22 Ave, SW 5 St to SW 12 St RPW $40,000,000.00 03-Design 3 40 B233803 Shorecrest South Flood Improvements - NE 8 Ct to NE Bayshore Ct, NE Little River Dr to NE 79 St (Pump Station) RPW $34,607,969.00 05-Bidding 5 40 6233814 South-West Wynwood Flood Improvements - NW 3 Ave to NW 5 PI, NW 16 St to NW 28 St (Pump Station) RPW $70,802,459.00 01-Planning 5 40 B233812 Replacement of Seawalls Shorecrest between NE 84 St and Ademar Canal; NE Bay sh 'f Wadi dalaCanalt D5 RPW $3,688,974.00 03-Design 5 40 6233817 Clemenoadr7 liSdd:anwokiae+ 4ilgmi Ave to NW 2 Ave and NW30Stto36St RPW $22,422,143,00 03-Design 5 40-B233806 Immediate' kob CtWro6lfstae�1']O'w Valves CW RPW $4,084,000.00 03-Design Citywide 40-B203801 Citywide Pump Stations Telemetry System RPW $1,536,263.00 03-Design Citywide 40-B233819 Localized Floo¢}pg,jrr prpArpgnt; % 1 RPW $5,558,000.00 03-Design 3 U=f�T�J�C� Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 04/09/2026 REVISED_FINAL_v2 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B233820 Pump Stations RPW $2,500,000.00 03-Design 3 40-B223521 Parks Public WiFi Installation Parks $2,500,000.00 07-Construction 2 40-1350414 SW 24 Terrace from SW 27 Avenue to SW 31 Avenue RPW $4,762,302.00 08-Final Completion 4 40-B50421 SW 25 Street from SW 27 Avenue to SW 32 Avenue D4 RPW $4,853,136.00 08-Final Completion 4 40-B223212 Fire Station 12 - Hardening Fire $1,423,000.00 01-Planning Citywide 40-B213210 Fire Station 2 - Hardening Fire $1,007,027.00 01- Planning Citywide 40-B213209 Fire Station 9 - Hardening Fire $1,322,000.00 01- Planning Citywide 40-B213512 Hadley Park - Resiliency Hub Parks $1,807,056.00 05-Bidding 5 40-B50104 NW 13 Street from NW 35 Avenue to NW 37 Avenue RPW $3,165,866.00 07-Construction 1 40-B30756 NW 30 Street Improvement RPW $6,539,324.00 07-Construction 1 40-B183610 West Grove Roadway Improvements RPW $4,270,918.00 03-Design 2 40-B183612 Charles Avenue from Main Highway to South Douglas Road RPW $5,040,542.00 05-Bidding 2 40-B213606 Kinloch Roadway Neighborhood Improvements RPW $3,516,341.00 03-Design 4 40-B173613 South Golden Pines No Outlet Streets Improvements RPW $10,817,382.00 03-Design 4 40-B243800 Wagner Creek Embankment Stabilization RPW $16,096,190.00 03-Design 1 40-B173511A Morningside Park - Baywalk, Kayak Launch, and Boat Ramp Parks $19,182,327.00 07-Construction 2 40-B193521 Fairlawn Community Park Parks $3,809,461.00 07-Construction 4 40-B203509 Athalie Range Park - New Recreation Building D5 Parks $15,600,000.00 04-Dry Run/Permit 5 40-B243208 Police HQ -Garage Demolition and Sitework Police $3,799,272.00 07-Construction Citywide 40-B233601 Miami River Greenway - NW N River Dr from NW 22 Ave to NW 19 RPW $8,009,423.00 03-Design 1 40-B213605 NW 11 Street from NW 1 Avenue To NW 3 Avenue RPW $2,412,839.00 06-Pre-Construction 5 40-B70046 Virginia Key Boat Launch & Trailer Parking OCI $3,620,265.00 07-Construction 2 40-B70042 Miami Marine Stadium Marina - Mooring Field DREAM $4,133,205.49 06-Pre-Construction 2 40-B233500 Margaret Pace Park Parks $29,264,866.00 04-Dry Run/Permit 2 40-B243400 New Administration Building and Parking/Other Improvements DREAM $241,483,400.72 01-Planning Citywide 40-B193803 CE&I for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park Parks $20,000,000.00 05-Bidding 3 40-B30541D Baywood Seawall Repair Parks $8,000,000.00 01-Planning 4 40-B243602 Little Havan�oliadi9# l � i yfg.gt- Phase II RPW $5,834,069.00 01 Planning 3 40 6243604 Silve}�f3tifilrfPlav31VIS"dficatllion RPW $7,848,323.00 03-Design 3 40-B233813 a . S) at NW 13 Street North Graff eland ei is a��1 HReconstruction RPW $356,406.00 03-Design 1 40-B213606A Kinlochin1DA inMliti do .• Ri5f FDEP Grant RPW $2,058,005.00 05-Bidding 4 40-B243600 Tamiami Blvd Roadway Drainage Improvements RPW $4,000,000.00 03-Design 4 40-B253600 Brickell KeyAricig*Rfpl@geireirt1 RPW $30,031,616.00 01-Planning 2 UM Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 04/09/2026 REVISED_FINAL_v2 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District N/A Construction and Permanent Financing: MLK Residences Housing $2,000,000.00 N/A 5 N/A Construction and Permanent Financing: Liberty Renaissance Housing $1,000,000.00 N/A 5 N/A Affordable Housing and Economic Development Housing $8,000,000.00 N/A Citywide N/A Home Ownership and Economic Development Housing $4,000,000.00 N/A Citywide N/A Citywide Parks Playground Renovations (13 Sites - D1, D2, D3, and Parks $4,059,580.00 01-Planning Citywide N/A Historic Virginia Key Beach Museum VKBPT $20,500,000 01-Planning Citywide 40-B253603 Shoreline Repair Mini Rapids Park RPW $1,625,875 03-Design 1 40-B193519 Sewell Park Seawall Reconstruction - Phase III Parks $24,567,655 02-A/E Selection 1 40-8253105 Allapattah Elderly Center Improvements DREAM $2,853,787 04-Dry Run/Permit 1 40-8253104 Allapattah Child Care Improvements DREAM $1,700,641 04-Dry Run/Permit 1 40-B233501 Peacock Park Parks $3,507,095 04-Dry Run/Permit 2 B-193404 Flagler Worker's House - Structural Renovation Parks $4,275,387 04-Dry Run/Permit 2 40-B263508 2293 SW 17th Terrace - Mini Dog Park Parks $500,000 01-Planning 4 40-8263509 50 SW 68th Ave Parcel Plan Parks $500,000 01-Planning 4 TBD 235 NW 26th Ave - Sensory Park Parks $1,000,000 01-Planning 4 40-B253506 Little Haiti Cultural Complex Caribbean Marketplace Roof Parks $5,464,250 04-Dry Run/Permit 5 40 B203505 Roberto Clemente Park - Irrigation, Drainage, and Baseball Field Improvements Parks $9,429,751 04-Dry Run/Permit 5 40-B233105 Reroofing of Building 8 3 Communications/GSA and Repairs for Buildings 1,2,3, and 4-Buildings at Fire Station No. 3 Fire $3,700,000 04-Dry Run/Permit Citywide 40-TBD Domino Park -1444 SW 8 Street Parks $4,900,000 01-Planning 3 40-B263515 Triangle Park - 420 SW 11 Street Parks $4,000,000 01-Planning 3 40-B263514 Jose Marti Park - Phase II - 362 SW 4 Avenue Parks $20,000,000 01-Planning 3 40-TBD Fisherman Park - 1 SW South River Drive Parks $1,300,000 01-Planning 3 40- Historic Shenandoah Park Parks $1,220,000 01- Planning 3 40-TBD Police North Station -100 NW 62 Ave. Police $1,500,000 01- Planning Citywide 40-B72928A Police South Roof Renovation and 40/50 Year Repairs - 2200 W. Police $1,400,000 04-Dry Run/Permit Citywide 40-TBD Police Training Center - 360 NW 2 Av. Police $600,000 01-Planning Citywic e 40-B253517 Le�gi,o��n,, Paik&&W • - •' g'�� E 7 Ave. Parks $8,050,000 02- A/E Selection 5 40-B253527 Y4ifle 2C ugr, ; .:� Yl; t'R> certification - 3601 Rickenbaker `?� p7p Parks $2,700,000 03- Design 2 40-TBD l,�1 Simcintlo llviiParQ- 18�9®MVtl'6�5i Street Parks $12,900,000 01- Planning 5 40-TBD Billie Rolle Domino Park - 3400 Grand Avenue Parks $10,000,000 01- Planning 2 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 04/09/2026 REVISED_FINAL_v2 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40 B263510 Sewell Park Equipment and Site Improvements (Lighting, walkways, parking lot, gazebos) -1815 South River Drive Parks $2,000,000 01- Planning 1 40-B263403 Edgewater Baywalk -100 NW 17 St. DREAM $24,000,000 02- A/E Selection 2 40-B193402A Dinner Key Marina Breakwaters Mitigation 406 Parks/DREAM $22,271,227 O1-Planning 2 11iV!? 130 A113 ll313 A113 3H1. O 331140 1:6 WV 6- ddV 910Z a3AI3O3M Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C DIVISION OF CORPORATIONS \f, w+ urn( MI Slate of Fb. rltl_re s einiu Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation FLORIDA ENGINEERING AND DEVELOPMENT CORP. Filing Information Document Number P02000130519 FEI/EIN Number 83-0345690 Date Filed 12/10/2002 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/24/2005 Event Effective Date NONE Principal Address 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Changed: 04/17/2009 Mailing Address 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Changed: 04/17/2009 Registered Agent Name & Address VEGA, JOSE 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Name Changed: 10/05/2004 Address Changed: 04/17/2009 Officer/Director Detail Name & Address Title P Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C VEGA, JOSE 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Title VPS Omar, Medina 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Title VP Vega, Jose Antonio 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Annual Reports Report Year Filed Date 2024 03/31/2024 2025 03/27/2025 2026 03/25/2026 Document Images 03/25/2026 --ANNUAL REPORT 03/27/2025 --ANNUAL REPORT 03/31 /2024 --ANNUAL REPORT 04/28/2023 --ANNUAL REPORT 03/30/2022 --ANNUAL REPORT 04/13/2021 --ANNUAL REPORT 04/29/2020 --ANNUAL REPORT 05/01/2019 --ANNUAL REPORT 03/10/2018 --ANNUAL REPORT 03/28/2017 --ANNUAL REPORT 04/14/2016 --ANNUAL REPORT 04/02/2015 --ANNUAL REPORT 04/30/2014 --ANNUAL REPORT 04/18/2013 --ANNUAL REPORT 04/30/2012 --ANNUAL REPORT 04/26/2011 --ANNUAL REPORT 04/01/2010 --ANNUAL REPORT 06/05/2009 --ANNUAL REPORT 04/17/2009 --ANNUAL REPORT 04/28/2008 --ANNUAL REPORT 04/20/2007 --ANNUAL REPORT 04/25/2006 --ANNUAL REPORT 04/20/2005 --ANNUAL REPORT 01 /24/2005 -- Amendment View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C 11/22/2004 -- REINSTATEMENT View image in PDF format 10/05/2004 -- REINSTATEMENT View image in PDF format 12/10/2002 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Hansen, Anthony From: Long, Samuel <Samuel.Long@commerce.fl.gov> Sent: Thursday, July 30, 2026 3:54 PM To: Sagesse, Max Cc: Smith, Melanie; Badia, Hector; Tolbert, Kendall; Ponassi Boutureira, Fernando; Nevels, Garnet; Clavijo, Diego; McKinnon, Charles Subject: Amendment 1 of Dept of Commerce CDBG Mitigation Grant MT048 for Jose Marti Park Attachments: MT048 - ITB 24-25-011-R_Seawall Baywalk Landscape at JMP_Contract.pdf CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon Contract #ITB 24-25-001-R, Titled; Seawall Baywalk Landscape at Jose Marti Park is approved by Florida Commerce. Samuel B. Long, FCCM Program Manager - Mitigation Office of Long -Term Resiliency Email: Samuel.Long@commerce.fl.gov Florid aCommerce Office: 850-921-3279 www.FloridaJobs.org FLORIDAC OMMERCE ©0 From: Sagesse, Max <msagesse@miamigov.com> Sent: Thursday, July 30, 2026 3:11 PM To: Long, Samuel <Samuel.Long@commerce.fl.gov>; Badia, Hector <hbadia@miamigov.com>; Tolbert, Kendall <kendall.tolbert@commerce.fl.gov> Cc: Perez, Jose R. <JRPerez@miamigov.com>; Osborne, Latoya <LTOsborne@miamigov.com>; Monroy, Yulian <YMonroy@miamigov.com>; Hansen, Anthony <AMHansen@miamigov.com>; Ponassi Boutureira, Fernando <FPonassi@miamigov.com>; Smith, Melonie<Melonie.Smith@commerce.fl.gov>; Nevels, Garnet <Garnet.Nevels@commerce.fl.gov>; Clavijo, Diego <DClaviio-c@miamigov.com>; McKinnon, Charles <CMcKinnon@miamigov.com> Subject: [EXTERNAL] - Re: Amendment 1 of Dept of Commerce CDBG Mitigation Grant MT048 for Jose Marti Park 1 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C EXHIBIT A Commerce Agreement Number: MT048 AMENDMENT ONE TO THE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM (CDBG-MIT) SUBRECIPIENT AGREEMENT On March 23, 2023, the State of Florida, Department of Commerce ("Commerce"), formerly known as the Florida Department of Economic Opportunity, and the City of Miami, Florida ("Subrecipient") entered into agreement MT048 ("Agreement"). Commerce and the Subrecipient may individually be referred to herein as a "Party" or collectively as the "Parties." WHEREAS, Section 5, Modification of Agreement, of the Agreement provides that any amendment to the Agreement shall be in writing executed by the Parties thereto; and WHEREAS the Parties wish to amend the Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. On July 1, 2023, the Florida Department of Economic Opportunity was renamed to the Florida Department of Commerce. Effective July 1, 2023, all references throughout the Agreement to "Department of Economic Opportunity" or "DEO" are replaced with "Department of Commerce" or "Commerce" as appropriate. 2. Section 7, Audit Requirements, Subsection (a) is hereby deleted in its entirety and replaced with the following: (a) The Subrecipient shall conduct a single or program -specific audit in accordance with the provisions of 2 CFR part 200 if it expends one million dollars ($1,000,000) or more in Federal awards from all sources during its fiscal year. 3. Section 15, Citizen Complaints, is hereby deleted in its entirety and replaced with the following: (15) Citizen Complaints. The goal of Commerce is to provide an opportunity to resolve citizen complaints in a timely manner, usually within fifteen (15) business days of the receipt of the complaint as expected by HUD, if practicable, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies. All applications, guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. The Subrecipient will handle citizen complaints by: (a) Conducting investigations, as necessary; (b) Finding a resolution; or (c) Conducting follow-up actions. Program Appeals Applicants may appeal program decisions related to one of the following activities: Page 1 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 (a) A program eligibilitydetermination; (b) A program assistance award calculation; or (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal with the Office of Long -Term Resiliency by email at CDBG-DR@commerce.fl.gov or by mail to the following address: Attention: Office of Long -Term Resiliency Florida Department of Commerce 107 East Madison Street The Caldwell Building, MSC 420 Tallahassee, Florida 32399 HUD Complaints If the complainant is not satisfied by the Subrecipient's determination or Commerce's response, then the complainant may file a written appeal by following the instructions issued in the letter of response. If the complainant has not been satisfied with the response at the conclusion of the complaint or appeals process, a formal complaint may then be addressed directly to the regional Department of Housing and Urban Development (HUD) at: Department of Housing & Urban Development Charles E. Bennet Federal Building 400 West Bay Street, Suite 1015 Jacksonville, FL 32202 Fair Housing Complaints The Florida Office of Long -Term Resiliency operates in Accordance with the Federal Fair Housing Law (The Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or www.hud.gov/fairhousing. 4. Section 28, Employment Eligibility Verification, is hereby deleted in its entirety and replaced with the following: (28) Employment Eligibility Verification A. E-Verify is an Internet -based system that allows an employer, using information reported on an employee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at: https://www.e- verifv.gov/. B. In accordance with section 448.095, F.S., the State of Florida expressly requires the following: (1) Every public agency and its contractors and subcontractors shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (2) An employer shall verify each new employee's employment eligibility within three (3) Page 2 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 business days after the first day that the new employee begins working for pay as required under 8 C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more employees shall use the E-Verify system to verify a new employee's employment eligibility. C. If an entity does not use E-Verify, the entity shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. 5. This Agreement is hereby amended to add the following: (32) CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED If applicable, and in accordance with section 287.138, F.S., a contract between a governmental entity and an entity which would give access to an individual's personal identifying information which is executed, extended, or renewed on or after the dates provided in section 287.138(4), F.S., must include an attestation by the entity on Form PUR 1355, "Foreign Country of Concern Attestation Form," which is incorporated herein by reference. If applicable, Subrecipient must provide Commerce with a signed Foreign Country of Concern Attestation Form pursuant to section 287.138(4), F.S., and rule 60A-1.020, F.A.C. (33) FOREIGN INFLUENCE In accordance with section 286.101, F.S., if this Agreement has a value of $100,000 or more, Subrecipient shall disclose to Commerce any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years. The disclosure requirements are more fully defined within the statute. Subrecipient represents that it is, and for the duration of this Agreement will remain, in compliance with section 286.101, F.S. (34) HUMAN TRAFFICKING If applicable, and in accordance with section 787.06, F.S., when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in that statute. If applicable, Subrecipient must provide Commerce with an affidavit signed by an officer or a representative of Subrecipient under penalty of perjury attesting that Subrecipient does not use coercion for labor or services as defined in section 787.06, F.S. 6. Attachment A, Project Description and Deliverables, is hereby deleted in its entirety and replaced with the attached Attachment A — Project Description and Deliverables. 7. Attachment I, Audit Requirements, is hereby deleted in its entirety and replaced with the attached Attachment I —Audit Requirements. 8. Attachment J, Audit Compliance Certification, is hereby deleted in its entirety and replaced with the attached Attachment J - Audit Compliance Certification. Page 3 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 9. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full force and effect. - Remainder Left Intentionally Blank Page 4 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 IN WITNESS THEREOF, by signature below, the Parties agree to abide by the terms, conditions, and provisions of Commerce Agreement Number MT048, as amended. This Amendment is effective on the date the last Party signs this Amendment. CITY OF MIAMI, FLORIDA FLORIDA DEPARTMENT OF COMMERCE SIGNED: —signed by: SIGNED: j.att,) AGSG25fiF7(:6A47B JAMES E. REYES J. ALEX KELLY CITY MANAGER SECRETARY DATE: July 14, 2026 114:45:04 EDT DATE: 7/16/2026 Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL FLORIDA DEPARTMENT OF COMMERCE By: cUA fjbUY (Ut, Approved Date: 7/15/2026 Page 5 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 Attachment A — Project Description and Deliverables 1. PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Commerce (Commerce) would receive $633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, Primarily addressing the Benefits to Low -to -Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register, Vol. 84, No. 169. In February 2021, HUD announced an additional $46,900,000 in federal mitigation funding for Florida communities that experienced a major disaster in 2018, raising the total CDBG-MIT allocation to $680,385,000. (86 FR 561). This award has been granted under the General Infrastructure Program. Projects eligible for, but not limited to, funding under this program are infrastructure investments related to the following: • Restoration of critical infrastructure • Renourishment of protective costal dune systems and state beaches • Building or fortifying buildings that are essential to the health, safety, and welfare of a • community • Rehabilitation or construction of stormwater management systems • Improvements to drainage facilities • Reconstruction of lift stations and sewage treatment plants • Road repair and improvement and bridge strengthening 2. PROJECT DESCRIPTION: The City of Miami has been awarded Thirteen Million Four Hundred Ninety -Seven Thousand Eight Hundred Forty -Three Dollars and Zero Cents ($13,497,843.00) in CDBG-MT (Community Development Block Grant - Mitigation) funding for mitigation efforts to harden the Jose Marti Park, a 13-acre multi- use recreational space located along the Miami River, a 5.5-mile working river, within the vibrant neighborhood of Little Havana in Miami, FL. The total cost of this project is 24,661,607.00. Leverage funding in the amount of $11,163,764.00 for this project from multiple sources as stated in Attachment B. This flood mitigation project will focus on shoreline stabilization and drainage improvements in the Park, so that it may act as both a buffer and sponge for incoming water. Project activities are part of the adaptive redesign of the Jose Marti Park, which will increase the resilience of the Park and the East Little Havana neighborhood that surrounds it against flooding, natural hazards, and climate change. This project will consist of retrofitting exiting seawalls in some locations, building new ones in others, and constructing living shorelines/living seawalls in remaining spaces; creating a floating boardwalk and view platforms on the river; developing a Riverwalk and parking lot with pervious pavement and underground water retainment infrastructure; sculpting uplands and integrating native tree canopy with proper subtraction to maximize the capture and filtration of water into the river/water table. Page 6 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 3. SUBRECIPIENT RESPONSIBILITIES: A. Complete and submit the below items to Commerce within thirty (30) calendar clays of execution of the agreement: 1. Organizational chart with contact information. 2. Job descriptions for Subrecipient's employees, contracted staff, vendors, and contractors. If staffing changes, there must be a submittal stating the names and job descriptions on the monthly report deadline. 3. Attachment B, Project Budget — Develop and submit to Commerce a detailed budget for implementation of the project. 4. Attachment C, Activity Work Plan — Develop and submit to Commerce a detailed timeline for implementation consistent with the milestones outlined in the Mitigation Program Guidelines. Should any changes to the organizational chart, Attachment B or Attachment C be deemed necessary, an updated plan must be submitted to Commerce with your monthly report for review and approval by the Commerce Grant Manager. B. Develop and submit a copy of the following policies and procedures to the Commerce Grant Manager for review and approval within thirty (30) calendar days of Agreement execution. The Commerce Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1. Procurement policies and procedures that incorporate 2 CFR 200.317-327. 2. Administrative financial management policies, which must comply with all applicable HUD CDBG-MIT and State of Florida rules. 3. Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDGB-MIT and Commerce policies. 4. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the subrecipient will verify the accuracy of monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored, and procedures for referring instances of fraud, waste and abuse to HUD IOG Fraud Hotline (phone: 1-800-347-3735 or email hotline@hudoig.gov). C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG-MIT grant funds when available. D. Upload required documents into a system of record provided by Commerce. E. Maintain organized subrecipient agreement files and make them accessible to Commerce or its representatives, upon request. F. Comply with all terms and conditions of the subrecipient agreement, Mitigation Program Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws. G. Provide copies of all proposed procurement documents to Commerce ten (10) business days prior to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by the Commerce Grant Manager. Should the procurement documents require revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. H. Provide the following information on a quarterly basis within ten (10) calendar days after the end of each quarter: Monthly and Quarterly Reports as detailed in Attachment G. I. Close out report will be due no later than sixty (60) calendar days after this Agreement ends or is otherwise terminated. Page 7 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 J. Subrecipient shall provide pictures to document progress and completion of tasks and final project. 4. ELIGIBLE TASKS AND DELIVERABLES: A. Deliverable No. 1— Engineering Services Tasks that are eligible for reimbursement are as follows: 1. Obtain copies of all permit applications, correspondence with permitting agencies, final permits, and any other permit -related documentation for the project. B. Deliverable 2 — Construction Services Tasks that are eligible for reimbursement upon completion by a Florida Licensed Contractor are as follows: 1. Site preparation and mobilization. 2. Archaeological Services, to include monitoring, inspection, and reporting of required archaeological requirements. 3. Completion of dredging and waterway restoration. 4. Purchase of materials and replacement of the existing, deteriorated concrete bulkhead along entire park shoreline, to also include the purchase and installation of riprap. 5. Purchase of materials and construction of the "baywalk," to include but not limited to bulkhead replacement, ADA compliance measures, submerged and surface lighting, outfall(s) installation, and incorporation of natural shoreline restoration measures. 6. Purchase of materials and construction of a Floating Boardwalk, Aluminum Gangways, and Viewing Platform. 7. Purchase of materials and installation of a Baffle Box and observation cover. 8. Purchase of materials and installation of Rain Tank Bioreactor System(s). 9. Purchase of materials and installation of outfall pipe system(s), to include backflow prevention fittings and/or components and manatee grates. 10. Cleaning and/or clearance of debris from an existing outfall pipe locations. 11. Construction Engineering Inspection (CEI). 12. Project cleanup and/or demobilization. 5. DELIVERABLES: Subrecipient agrees to provide the following services as specified: Deliverable No. 1— Engineering Services TASKS MINIMUM LEVEL OF SERVICE FINANCIAL CONSEQUENCES Subrecipient shall complete tasks in accordance with Section 4.A of this Scope of Work. Subrecipient may request reimbursement upon completion of a minimum of one (1) task in accordance with Section 4.A of this Scope of Work, evidenced by submittal of the following Failure to complete the Minimum Level of Service as specified shall result in non-payment for this deliverable for each payment request. Page 8 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 documentation: 1)Copies of all required permits. 2)Invoice package in accordance with Section 7 of this Scope of Work. Deliverable 1 Cost: $16,000.00 Deliverable No. 2 — Construction Services Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete tasks in accordance with Section 4.B of this Scope of Work. Subrecipient may request reimbursement upon completion activities in accordance with Section 4.B of this Scope of Work in the following increments: 5%, 10%, 15%, 20%, 25%, 30%, 35%, 40%, 45%, 50%, 55%, 60%, 65%, 70%, 75%, 80%, 85%, 90% 95% and 100%, evidenced by submittal of the following documentation: 1) AIA forms G702 and G703, or similar accepted Commerce form, completed by a licensed professional certifying to the percentage of project completion; 2) Photographs of project in progress and completed; and 3) Invoice package in accordance with Section 6 of this Scope of Work. Failure to complete the Minimum Level of Service as specified shall result in non-payment for this deliverable for each payment request. Total Deliverable 1 Cost: $13,481,843.00 TOTAL PROJECT COST NOT TO EXCEED $13,497,843.00 COST SHIFTING: The deliverable amounts specified within the Eligible Tasks and Deliverables section 5 tables above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict Commerce's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from Commerce's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from Subrecipient, as described in Modification section of the Agreement. Regardless, in no event shall Commerce reimburse costs of more than the total amount of this Agreement 6. COMMERCE RESPONSIBILITIES: A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be Commerce in its discretion. B. Assign a Grant Manager as a point of contact for Subrecipient. C. Review Subrecipient's invoices described herein and process them on a timely basis. Page 9 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 D. Commerce shall monitor progress, review reports, conduct site visits, as Commerce determines necessary at Commerce's sole and absolute discretion, and process payments to Subrecipient. 7. INVOICE SUBMITTAL: Commerce shall reimburse the Subrecipient in accordance with Section 5, above. In accordance with the Funding Requirements of s. 215.971(1), F.S. and Section (21) of this Agreement, the Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures (https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf). A. Subrecipient shall provide one invoice per month for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 5, DELIVERABLES, of this SCOPE OF WORK; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date, period in which work was performed, amount of reimbursement, and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project, is complete. Include if applicable to your program 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; and 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. C. If the Subrecipient is a county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., the payment of submitted invoices may be issued for verified and eligible performance that has been completed in accordance with the terms and conditions set forth in this Agreement to the extent that federal or state law, rule, or other regulations allows such payments. Upon meeting either of the criteria set forth below, the subrecipient may elect in writing to exercise this provision. 1. A county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., that demonstrates financial hardship; or 2. A county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., and which is located in a fiscally constrained county, as defined in section 218.67(1), F.S. If the Subrecipient meets the criteria set forth in this paragraph, then the Subrecipient is deemed to have demonstrated financial hardship. D. The Subrecipient's invoice and all documentation necessary to support payment requests Page 10 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 must be submitted into Commerce's Subrecipient Enterprise Reporting Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the agreement. Page 11 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 Attachment I — Audit Requirements The administration of resources awarded by Commerce to the Subrecipient may be subject to audits and/or monitoring by Commerce as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements) and section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Commerce staff, limited scope audits as defined by 2 C.F.R. part 200, as revised, and/or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by Commerce. In the event Commerce determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by Commerce staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Subrecipient is a State or local government, or a non-profit organization as defined in 2 C.F.R. part 200, as revised. 1. In the event that the Subrecipient expends $1,000,000 or more in federal awards in its fiscal year, the Subrecipient must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F (Audit Requirements), as revised. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from Commerce. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 C.F.R. 200 Subpart F (Audit Requirements), as revised. An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised. 3. If the Subrecipient expends less than $1,000,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, is not required. In the event that the Subrecipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). Page 12 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 4. Although 2 C.F.R. 200 Subpart F (Audit Requirements) does not apply to commercial (for -profit) organizations, the pass -through entity has an obligation to ensure that for -profit Sub-subrecipients that expend $1,000,000 or more in federal awards must comply with federal awards guidelines (see 2 C.F.R. 200.501(h)). Additionally, for -profit entities may be subject to certain specific audit requirements of individual federal grantor agencies. Additional Federal Single Audit Act resources can be found at: https://harvester.census.gov/facweb/Resources.aspx PART II: STATE FUNDED This part is applicable if the Subrecipient is a non -state entity as defined by section 215.97(2), F.S. 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Subrecipient, the Subrecipient must have a State single or project - specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from Commerce, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a non -state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than State entities). Additional information regarding the Florida Single Audit Act can be found at: https://apps.fldfs.com/fsaa/ PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to section 215.97(8), F.S., State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with section 215.97, F.S. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) N/A Page 13 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 PART IV: REPORT SUBMISSION 1. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and required by PART I of this Exhibit Agreement shall be submitted by or on behalf of the Subrecipient directly to each of the following at the address indicated: A. Florida Department of Commerce Financial Monitoring and Accountability (FMA) The copy submitted to the FMA section should be sent via email to: FMA-RWB@commerce.fl.gov B. The Federal Audit Clearinghouse designated in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, electronically at: https://harvester.census.gov/facweb/ 2. Copies of audit reports for audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and required by Part I (in correspondence accompanying the audit report, indicate the date that the Subrecipient received the audit report); copies of the reporting package described in Section .512(c), 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and any management letters issued by the auditor; copies of reports required by Part 11 of this Exhibit must be sent to Commerce at the addresses listed in paragraph three (3) below. 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the Subrecipient directly to each of the following: A. Commerce at the following address: Electronic copies: Audit@commerce.fl.gov B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Email Address: flaudgen localgovt@aud.state.fl.us 4. Any reports, management letter, or other information required to be submitted to Commerce pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R. part 200 subpart F, section 215.97 F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 5. Subrecipients and Sub-subrecipients, when submitting financial reporting packages to Commerce for audits done in accordance with Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subrecipient/Sub-subrecipient in correspondence accompanying the reporting package. Page 14 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 PART V: RECORD RETENTION The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of six (6) years from the date the audit report is issued, or five (5) state fiscal years after all reporting requirements are satisfied and final payments have been received, or for a period of three (3) years from the date that Commerce closes out the CDBG program year(s) from which the funds were awarded by the U.S. Department of Housing and Urban Development, whichever period is longer, and shall allow Commerce, or its designee, the Chief Financial Officer (CFO), or Auditor General access to such records upon request. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. The Subrecipient shall ensure that audit working papers are made available to Commerce, or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by Commerce. Page 15 of 16 Docusign Envelope ID: 0C3A79B6-AB83-8A98-8366-1318CB92332C Commerce Agreement Number: MT048 Attachment J - Audit Compliance Certification Email a copy of this form within 60 days of audit@commerce.fl.gov. the end of each fiscal year in which this subgrant was open to Subrecipient: FEIN: Subrecipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and the Florida Department of Commerce (Commerce)? ❑ Yes ❑ No If the above answer is yes, answer the following before proceeding to item 2. Did the Subrecipient expend $750,000 or more of state financial assistance (from Commerce and all other sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable State single or project - specific audit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and Commerce? ❑ Yes ❑ No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did the Subrecipient expend $1,000,000 or more in federal awards (from Commerce and all other sources of federal awards combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable single or program -specific audit requirements of 2 C.F.R. part 200, subpart F, as revised. By signing below, I certify, on behalf of the Subrecipient, that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative Page 16 of 16 0 docusign.. Certificate Of Completion Envelope Id: 0C3A79B6-AB83-8A98-8366-1318CB92332C Subject: ITB 24-25-011-R Seawall Baywalk Landscape at Jose Marti Park - D3 Source Envelope: Document Pages: 184 Signatures: 12 Certificate Pages: 7 Initials: 1 AutoNav: Enabled Stamps: 1 Envelopeld Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) Status: Completed Envelope Originator: Luis Caseres 444 SW 2ND AVE, 5th Floor Miami, FL 33130 Icaseres@miamigov.com IP Address: 149.19.49.19 Record Tracking Status: Original 7/31/2026 11:51:34 AM Security Appliance Status: Connected Holder: Luis Caseres Icaseres@miamigov.com Pool: FedRamp Location: DocuSign Signer Events Signature Timestamp Luis Caseres Icaseres@miamigov.com Construction Procurement Assistant Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Fernando Ponassi fponassi@miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/22/2023 10:29:55 AM ID:9680a065-18d6-429a-94be-ba887abead91 Annie Perez annieperez@miamigov.com Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Frank Gomez fgomez@miamigov.com Interim Risk Director Signing Group: Risk Management Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/13/2025 12:38:19 PM ID:be90c945-d1c0-471e-8d81-17061ca0da79 Completed Using IPAddress: 138.43.105.128 Completed Using IPAddress: 138.43.101.81 ,—DocuSigned by: '-89540EB73CAC468... Signature Adoption: Pre -selected Style Using IPAddress: 2600:1702:59d0:1 c90:9a5:df5e:4c8f:89d4 Signed using mobile Signed by: 1/4.-27395C6318214E7... Signature Adoption: Pre -selected Style Using IPAddress: 149.19.41.27 Sent: 7/31/2026 12:03:58 PM Viewed: 7/31/2026 12:04:08 PM Signed: 7/31/2026 12:04:25 PM Sent: 7/31/2026 12:04:31 PM Viewed: 7/31/2026 12:05:43 PM Signed: 7/31/2026 12:07:37 PM Sent: 7/31/2026 12:07:42 PM Viewed: 7/31/2026 12:09:43 PM Signed: 7/31/2026 12:09:47 PM Sent: 7/31/2026 12:09:51 PM Viewed: 7/31/2026 12:17:08 PM Signed: 7/31/2026 12:55:16 PM Signer Events Signature Timestamp Lai -Wan McGinnis Imcginnis@miamigov.com Capital Budget Administrator Signing Group: Capital Projects — Budget Review Group Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Leon Michel Imichel@miamigov.com AD Signing Group: Capital Projects - Budget Approver Group Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/16/2023 11:37:56 AM ID: 74322cbf-45ad-4bd9-97c3-aef486c7949d Thomas Fossler TFossler@miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/22/2023 10:02:03 AM ID: c72286bf-c560-4354-92fe-f3e9e87f357f George K Wysong III gwysong@miamigov.com City Attorney Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Erica Paschal epaschal@miamigov.com Chief Financial Officer/Assistant City Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/14/2023 9:54:32 AM ID:3bc88215-edc0-43d8-936a-662c9c102a5f Barbara Hernandez BaHernandez@miamigov.com Assistant City Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Completed Using IPAddress: 149.19.49.100 GDocuSigned by: A& 1titi(Lu L 799F394C731444E... Signature Adoption: Pre -selected Style Using IPAddress: 138.43.105.186 Signature Adoption: Pre -selected Style Using IPAddress: 138.43.105.186 ,—Signed by: Gt,OV'ot, (AI In '-88776E9FE882488... Signature Adoption: Pre -selected Style Using IPAddress: 149.19.49.19 DocuSigned by: Paachat C 5E85D50AB3B54BC... Signature Adoption: Pre -selected Style Using IPAddress: 149.19.49.19 CSigned by: f arinot (kt,rwaan, 6DEC2D3DF33044E... Signature Adoption: Pre -selected Style Using IPAddress: 149.19.49.19 Sent: 7/31/2026 12:55:22 PM Viewed: 7/31/2026 1:20:58 PM Signed: 7/31/2026 1:22:15 PM Sent: 7/31/2026 1:22:23 PM Viewed: 7/31/2026 1:24:07 PM Signed: 7/31/2026 1:24:17 PM Sent: 7/31/2026 1:24:22 PM Viewed: 7/31/2026 1:26:34 PM Signed: 7/31/2026 1:31:43 PM Sent: 7/31/2026 1:31:48 PM Viewed: 7/31/2026 1:43:18 PM Signed: 7/31/2026 1:43:38 PM Sent: 7/31/2026 1:43:43 PM Viewed: 7/31/2026 2:11:27 PM Signed: 7/31/2026 2:11:36 PM Sent: 7/31/2026 2:11:40 PM Resent: 7/31/2026 2:58:47 PM Viewed: 7/31/2026 3:52:32 PM Signed: 7/31/2026 3:54:34 PM Signer Events Signature Timestamp Not Offered via Docusign Luis Caseres Icaseres@miamigov.com Construction Procurement Assistant Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Luis Caseres Icaseres@miamigov.com Construction Procurement Assistant Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign James Reyes jareyes@miamigov.com City Manager City Of Miami Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Hannon, Todd thannon@miamigov.com City Clerk City of Miami Signing Group: CITY CLERK ATTESTATION Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/17/2025 2:57:18 PM ID:459d62f8-6b29-49cb-b98d-1599dcc98ebc Luis Caseres Icaseres@miamigov.com Construction Procurement Assistant Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Completed Using IPAddress: 138.43.101.81 Completed Using IPAddress: 138.43.101.81 ,—Signed by: SR '—A68C256F2C6A478... Signature Adoption: Drawn on Device Using IPAddress: 149.19.49.124 /Doo Signed by: v'/1� CE46D7560DCF1459.. Signature Adoption: Uploaded Signature Image Using IPAddress: 149.19.49.19 Completed Using IPAddress: 163.120.80.16 Sent: 7/31/2026 3:54:38 PM Viewed: 7/31/2026 3:55:59 PM Signed: 7/31/2026 3:56:52 PM Sent: 7/31/2026 3:56:57 PM Viewed: 7/31/2026 3:57:24 PM Signed: 7/31/2026 3:57:47 PM Sent: 7/31/2026 3:57:54 PM Viewed: 7/31/2026 4:02:50 PM Signed: 7/31/2026 4:05:07 PM Sent: 7/31/2026 4:05:16 PM Viewed: 7/31/2026 4:26:57 PM Signed: 7/31/2026 4:48:07 PM Sent: 7/31/2026 4:48:14 PM Viewed: 7/31/2026 4:50:55 PM Signed: 7/31/2026 4:51:14 PM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sadie Brown sbrown@miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Crystal Hoffman CAHoffman@Miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Martha Rodriguez marrodriguez@miamigov.com Sandra Gilbert sgilbert@miamigov.com Executive Assistant City Manager Signing Group: City Managers Office eNotary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Martha Rodriguez marrodriguez@miamigov.com Sandra Gilbert sgilbert@miamigov.com Executive Assistant City Manager Signing Group: City Managers Office eNotary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign COPIED COPIED COPIED COPIED Sent: 7/31/2026 12:55:21 PM Sent: 7/31/2026 1:22:21 PM Sent: 7/31/2026 3:57:52 PM Sent: 7/31/2026 4:05:12 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Envelope Updated Envelope Updated Envelope Updated Envelope Updated Envelope Updated Certified Delivered Signing Complete Completed Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked 7/31/2026 12:03:58 PM 7/31/2026 1:10:35 PM 7/31/2026 1:10:35 PM 7/31/2026 1:10:35 PM 7/31/2026 1:10:35 PM 7/31/2026 1:10:35 PM 7/31/2026 4:50:55 PM 7/31/2026 4:51:14 PM 7/31/2026 4:51:14 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 6/15/2023 8:45:09 AM Parties agreed to: Fernando Ponassi, Frank Gomez, Leon Michel, Thomas Fossler, Erica Paschal, Hannon, Todd ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Miami (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Caseres, Luis Friday, July 31, 2026 4:54 PM Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Darrington, Mario; McGinnis, Lai -Wan; Pope, Shedrick; Sagesse, Max Fossler, Thomas; Hannon, Todd; Olivera, Rosemary; Gomez, Marta; Johnson, Antiwonesha; Atkison, Nicholas; Dubuisson, Fabiola; Badia, Hector; Osborne, Latoya Document Distribution - ITB 24-25-011-R Seawall Baywalk Landscape at Jose Marti Park - D3 _ITB_24-25-011-R_Seawall_Baywalk_Landscape_at Jose Marti -Executed 07-31-2026.pdf Good afternoon, All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Antiwonesha/Marta: You may now close this Matter ID 26-1430 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 Florida Engineering and Development Corp Seawall Baywalk Landscape at Jose Marti Park - D3 07/31/2026 Ccusere- Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 l (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com 0 i 'Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. 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