A resolution of the village of pinecrest, florida, authorizing the village manager to enter into a contract with a.u.m. For miscellaneous construction traffic signal operation and design services

8-1(d)(2) of the County Code) 3. Miami-Dade Employment Drug-free Workplace Certification (Section 2-8.1.2(b) of the County Code) 4. Miami-Dade Disability and Nondiscrimination Affidavit (Article 1, Section 2-8.1.5 Resolution R182-00 Amending R-385-95) 5. Miami-Dade County Debarment Disclosure Affidavit (

38 of the County Code) 6. Miami-Dade County Vendor Obligation to County Affidavit (Section 2-8.1 of the County Code) 7. Miami-Dade County Code of Business Ethics Affidavit (Article 1, Section 2-8.1(i) and 2-11(b)(1) of the County Code through (6) and (9) of the County Code and County Ordinance No 00-1 amending Section 2-11.1(c) of the County Code) 8. Miami-Dade County Family Leave Affidavit (Article V of Chapter 11 of the County Code) 9. Miami-Dade County Living Wage Affidavit (Section 2-8.9 of the County Code) 10. Miami-Dade County Domestic Leave and Reporting Affidavit (Article 8, Section 11A-60 11A-67 of the County Code) 11. Subcontracting Practices (Ordinance 97-35) 12. Subcontractor /Supplier Listing (Ordinance 97-104) 13. Environmentally Acceptable Packaging Resolution (R-738-92) 14. W-9 and 8109 Forms The vendor must furnish these forms as required by the Internal Revenue Service. 15. Social Security Number In order to establish a file for your firm, you must provide your firm’s Federal Employer Identification Number (FEIN). If no FEIN exists, the Social Security Number of the owner or individual must be provided. This number becomes your “County Vendor Number”. To comply with

071(5) of the Florida Statutes relating to the collection of an individual’s Social Security Number, be aware that DPM requests the Social Security Number for the following purposes: Identification of individual account records To make payments to individual/vendor for goods and services provided to Miami-Dade County Tax reporting purposes To provide a unique identifier in the vendor database that may be used for searching and sorting departmental records 16. Office of the Inspector General Pursuant to Section 2-1076 of the County Code. 17. Small Business Enterprises The County endeavors to obtain the participation of all small business enterprises pursuant to Sections 2-8.2, 2-8.2.3 and 2-8.2.4 of the County Code and Title 49 of the Code of Federal Regulations. 18. Antitrust Laws By acceptance of any contract, the vendor agrees to comply with all antitrust laws of the United States and the State of Florida. C. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the County must comply with the following: Pursuant to

133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in

017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 5/08/2008 5/09/2008 Miami-Dade County Department of Procurement Management Affirmation of Vendor Affidavits In accordance with Ordinance 07-143 amending Section 2-8.1 of the Code of Miami-Dade County, effective June 1, 2008 (for goods and services) and July 1, 2008 (for design and construction), vendors are required to complete a new Vendor Registration Package, including a Uniform Affidavit Packet (Vendor Affidavits Form), before being awarded a new contract. The undersigned affirms that the Vendor Affidavits Form submitted with the Vendor Registration Package is current, complete and accurate for each affidavit listed below. Contract No. : Federal Employer Identification Number (FEIN): Contract Title: Affidavits and Legislation/ Governing Body 1. Miami-Dade County Ownership Disclosure Sec. 2-8.1 of the County Code 6. Miami-Dade County Vendor Obligation to County Section 2-8.1 of the County Code 2. Miami-Dade County Employment Disclosure County Ordinance No. 90-133, amending

8-1(d)(2) of the County Code 7. Miami-Dade County Code of Business Ethics Article 1, Section 2-8.1(i) and 2-11(b)(1) of the County Code through (6) and (9) of the County Code and County Ordinance No 00-1 amending Section 2-11.1(c) of the County Code 3. Miami-Dade County Employment Drug-free Workplace Certification Section 2-8.1.2(b) f the County Code 8. Miami-Dade County Family Leave Article V of Chapter 11, Resolution No. R-183-00 amending Resolution No. R – 1499-91 of the County Code 4. Miami-Dade County Disability Non-Discrimination Article 1, Section 2-8.1.5 Resolution R182-00 amending R-385-95 9. Miami-Dade County Living Wage Section 2-8.9 of the County Code 5. Miami-Dade County Debarment Disclosure

38 of the County Code 10. Miami-Dade County Domestic Leave and Reporting Article 8, Section 11A-60 11A-67 of the County Code Printed Name of Affiant Printed Title of Affiant Signature of Affiant Name of Firm Date Address of Firm State Zip Code Notary Public Information Notary Public – State of County of Subscribed and sworn to (or affirmed) before me this day of, 20 . by He or she is personally known to me or has produced identification Type of identification produced Signature of Notary Public Serial Number Print or Stamp of Notary Public Expiration Date Notary Public Seal CONTRACTOR DUE DILIGENCE AFFIDAVIT Miami-Dade County Contractor Due Diligence Affidavit Per Miami-Dade County Board of County Commissioners (Board) Resolution No. R-63-14, County Vendors and Contractors shall disclose the following as a condition of award for any contract that exceeds one million dollars ($1,000,000) or that otherwise must be presented to the Board for approval: (1) Provide a list of all lawsuits in the five (5) years prior to bid or proposal submittal that have been filed against the firm, its directors, partners, principals and/or board members based on a breach of contract by the firm; include the case name, number and disposition; (2) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has defaulted; include a brief description of the circumstances; (3) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has been debarred or received a formal notice of non-compliance or non-performance, such as a notice to cure or a suspension from participating or bidding for contracts, whether related to Miami-Dade County or not. All of the above information shall be attached to the executed affidavit and submitted to the Procurement Contracting Officer (PCO)/ AE Selection Coordinator overseeing this solicitation. The Vendor/Contractor attests to providing all of the above information, if applicable, to the PCO. Contract No. : ------------ Federal Employer Identification Number (FEIN): Contract Title: Printed Name of Affiant Printed Title of Affiant Signature of Affiant Name of Firm Date Address of Firm State Zip Code Notary Public Information Notary Public - State of County of Subscribed and sworn to (or affirmed) before me this ------ day of, 20 by He or she is personally known to me or has produced identification Type of identification produced Signature of Notary Public Serial Number Print or Stamp of Notary Public Expiration Date Notary Public Seal 2/2014 SECTION 3: INSTRUCTIONS TO BIDDERS SUPPLEMENTARY INSTRUCTIONS TO BIDDERS MCC_SI_0419 Supplementary Instructions to Bidders Project No. 20250049 TOC-1 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS 1. SUPPLEMENTAL BIDDING REQUIREMENTS 1.01 BID FORMS................................................................................................................................................. 1 1.02 BID SECURITY ........................................................................................................................................... 2 1.03 CERTIFICATION PURSUANT TO ACT RELATING TO SCRUTINIZED COMPANIES .............................. 2 1.04 SMALL BUSINESS ENTERPRISE PROGRAM (SBD) ................................................................................ 3 1.05 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM ............................................................. 3 1.06 SITE INVESTIGATION ................................................................................................................................ 3 1.07 CONTRACTOR QUALIFICATION REQUIREMENTS ................................................................................. 4 1.08 AWARD OF CONTRACT ............................................................................................................................ 5 1.09 PAYMENT AND PERFORMANCE BONDS ................................................................................................ 6 1.10 ADDITIONAL INSURANCE TO BE CARRIED BY CONTRACTOR ............................................................ 7 MCC_SI_0419 Supplementary Instructions to Bidders Project No. 20250049 00 22 13 - 1 1. SUPPLEMENTAL BIDDING REQUIREMENTS 1.01 BID FORMS A. Estimated Quantities. 1. The Bid Form contains estimated quantities that are provided for bidding purposes only. The actual quantities required to construct the Work may vary from those shown. The County reserves the right to increase, or decrease the quantities, or to delete any of the items for which there is no need throughout the length of the Contract. 2. Bid Items which are estimated with a unit quantity of one are anticipated to be use in minimal quantities, if any, as approved by the Engineer. Any Contract provisions pertaining to adjustments in item prices shall not apply. Therefore, no adjustment shall be made to the unit prices awarded as a result of changes to the estimated quantities provided in the Bid Form. Final quantities shall be as approved by the Engineer. A. Estimated Quantities. 1. The Bid Form contains estimated quantities that are provided for bidding purposes only. The quantities shown on the Bid Form are approximate and only represent estimated planned requirements based on historical or specific project needs. The County reserves the right to increase, or decrease the quantities, or to delete any of the items for which there is no need throughout the length of the Contract. 2. The County does not guarantee any maximum or minimum quantity, any range of quantities, or the exact quantities shown for each bid item. The County’s estimated quantities and the Contractor’s bid price will be used to calculate a total bid amount. This total bid amount will then be used to determine the low bidder; however, actual payment under the awarded contract will be based on actual quantities completed Bid Items which are estimated with a unit quantity of one are anticipated to be use in minimal quantities, if any, as approved by the Engineer. Any Contract provisions pertaining to adjustments in item prices shall not apply. Therefore, no adjustment shall be made to the unit prices awarded as a result of changes to the estimated quantities provided in the Bid Form. Final quantities shall be as approved by the Engineer. B. Preparation of Proposal. 1. All blank spaces on the Bid Form for bid prices must be filled in ink, in both words and figures. In the event of any discrepancy in the entries for the price of any item, the unit price as shown in words shall govern unless both the extension and the unit prices shown in figures are in agreement with each other, in which case they shall govern over the unit price shown in words. 2. If the Bid is made by an individual, a sole proprietorship or an individual operating under a trade name, the name and post office address of the individual or owner must be shown in each instance. If made by a partnership, the Bid must be signed by one of the partners, and the names and addresses of the partners must be listed. If made by a corporation, the Bid must be signed by an authorized officer or agent of the corporation, the corporation must be clearly identified and the corporate seal must be affixed. In addition, a Bid made by a corporation must also list the name of the state wherein the corporation was chartered and the business address of the corporation. MCC_SI_0419 Supplementary Instructions to Bidders Project No. 20250049 00 22 13 - 2 3. Bids must be submitted only on the hardcopy Bid form provided with these Contract Documents unless a revised Bid Form is provided by the County via Addendum, in which case the latest Bid Form provided by Addendum shall be used. 4. All required forms must be completed and submitted and, all blanks must be filled in. C. Rejection of Irregular Proposals. 1. Bids will be considered irregular, and may be rejected, if they show omissions, alterations of form, additions not called for, conditions or unauthorized alternate bids, or irregularities of any kind; or if the unit prices are obviously unbalanced either in excess of or below a reasonable cost analysis value. D. Pay Items. 1. Any work not specifically mentioned in the pay items listed in the Proposal, but indicated on the plans and/or specifications, shall be considered as incidental to one or more of the pay items, and no claim for additional compensation will be allowed, and it shall be assumed that the cost therefore is included in the prices for the various items in the Contract. 1.02 BID SECURITY A. Simultaneously with the delivery of the Bid to the County, on or before the bid due date, the Bidder must deliver to the County a bid security in the form of a Bid Bond on the form provided in the Bidding Documents or in Cash, in the form of a Certified Check, Cashier's Check or Irrevocable Letter of Credit made payable to the Department, for an amount equal to no less than five percent of the Total amount Bid. Failure to furnish a bid security in the proper form and amount, with the delivery of the Bid to the County, shall result in the Bid being declared "non-responsive." B. A Bid Bond shall have as the surety thereon only such surety company or companies that are acceptable to the County and are authorized to write bonds of such character and amount in accordance with the qualifications established for Payment and Performance Bonds. C. The bid security submitted with the Bid becomes payable to the County upon default of the Bidder. Default of Bidder shall occur in the event that the Bidder withdraws Bid within 180 days after bid opening (or any extension thereof agreed to in writing by the Bidder and County); or, after proper notification of intent to Contract from the County, fails to comply with all pre-award requirements including, but not limited to providing Payment and Performance Bonds with good and sufficient surety and the necessary Insurance Certificates pursuant to the Contract Documents, and enter into a written Contract with the County, as may be required; all within 10 days after the prescribed forms are presented to Principal for signature or as otherwise required by these Bidding Documents. 1.03 CERTIFICATION PURSUANT TO ACT RELATING TO SCRUTINIZED COMPANIES A. This section shall apply only to the extent permitted under applicable regulations of the United States Department of State and the United States Department of Treasury. B. By submitting a bid executed through a duly authorized representative, the bidder certifies that the bidder is not on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, Scrutinized Companies that boycott Israel List or engaged in a boycott of Israel as those terms are used and defined in sections 287.135 and MCC_SI_0419 Supplementary Instructions to Bidders Project No. 20250049 00 22 13 - 3 215.473 of the Florida Statutes. In the event that the bidder is unable to provide such certification but still seeks to be considered for award of this solicitation, the bidder shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its bid a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under

135 of the Florida Statutes. The bidder agrees to cooperate fully with the County in any investigation undertaken by the County to determine whether the claimed exception would be applicable. The County shall have the right to terminate any contract resulting from this solicitation for default if the bidder is found to have submitted a false certification or to have been placed on the Scrutinized Companies for Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, Scrutinized Companies that boycott Israel List or engaged in a boycott of Israel. 1.04 SMALL BUSINESS ENTERPRISE PROGRAM (SBD) A. Considering the passing of HB 705, effective July 1, 2024, the following prohibitions exist: 1. The County’s Small Business Enterprise Construction Program (SBE-Cons) can not be applied to the County’s capital construction projects, including design-build projects, awarded after July 1, 2024. B. Small Business Enterprise-Construction Program Measures 1. No SBE-CON measures have been established for this Project. 1.05 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM A. This Article does not apply for this Project. 1.06 SITE INVESTIGATION A. Examine the Contract Documents and the site of the proposed work, when applicable, carefully before submitting a proposal for the work contemplated. Investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of all Contract Documents. B. The Department does not guarantee the details pertaining to borings, as shown on the plans, to be more than a general indication of the materials likely to be found adjacent to holes bored at the site of the work, approximately at the locations indicated. The Contractor shall examine boring data, where available, and make his own interpretation of the subsoil investigations and other preliminary data, and shall base his bid on his own opinion of the conditions likely to be encountered. C. The bidder’s submission of a proposal is sufficient evidence that the bidder has made an examination as described in this Article. Therefore: 1. The bidder, by virtue of submitting their bid, acknowledges that they and all their subcontractors have satisfied themselves as to the nature and location of the Work or requirements of similar Work to be performed within Miami-Dade County Public Right-of-Ways. The general and local conditions include, but are not restricted to those bearing upon transportation and traffic maintenance; the disposal, handling and storage of materials; access roads to the site; site constraints, restrictions and limitations; the conformation and conditions of the work area; and MCC_SI_0419 Supplementary Instructions to Bidders Project No. 20250049 00 22 13 - 4 the character of equipment and facilities needed prior to and during the performance of the Work. 2. Failure on the part of the bidder to completely or properly evaluate any factors of costs prior to bidding shall not form a basis for additional compensation if awarded the Contract. 1.07 CONTRACTOR QUALIFICATION REQUIREMENTS A. Certificate of Competency Requirement: 1. At the time of Bid and pursuant to the requirements of Section 10-3 of the Code of Miami-Dade County, Florida and these Solicitation and Contract Documents, the Bidder must hold a valid, current, and active: a. Certificate of Competency from the County’s Construction Trades Qualifying Board as an Electrical Contractor. The specialty contractor shall subcontract with a qualified contractor any work which is incidental to the specialty but is specified in the aforementioned Code as being the work of other than that of the Engineering Specialty for which certified; or b. Certification, as an electrical contractor provided by the State of Florida Electrical Contractors' Licensing Board, pursuant to the provisions of

511 of the Florida Statutes (F.S.). 2. Experience Requirement: WHERE EXPERIENCE IS REQUIRED 3. The Bidder must demonstrate that it has full-time personnel with the necessary experience to perform the Project’s Scope of Work. This experience shall include work in successfully completed projects performed by the identified personnel whose bulk of work performed in the Public Right-of-Way is similar in detail to the Project’s Scope of Work described in these Solicitation Documents. Demonstrate the experience requirement by: a. Providing a detailed description of at least three (3) projects similar in detail to the Project’s Scope of Work described in these Solicitation Documents and in which the Bidder’s identified personnel is currently engaged or has completed within the past five years. List and describe the aforementioned projects and state whether the work was performed for the County, other government clients, or private entities. The description must identify for each project: 1) The identified personnel and their assigned role and responsibilities for the listed project 2) The client name and address including a contact person and phone number for reference 3) Description of work 4) Total dollar value of the contract 5) Contract duration 6) Statement or notation of whether Bidder’s referenced personnel is/was employed by the prime contractor or subcontractor, and 7) For completed projects, provide letters of certification of final acceptance or similar project closure documentation issued by the client and available Contractor’s performance evaluations; or MCC_SI_0419 Supplementary Instructions to Bidders Project No. 20250049 00 22 13 - 5 b. Pursuant to

20, F.S., the County may consider a bid from a Bidder in good standing, meeting the license requirements above, that has been prequalified and considered eligible by the Florida Department of Transportation (FDOT) under

14, F.S. and Chapter 14-2, Florida Administrative Code, to perform the work described in the Contract Documents. Contractors seeking consideration under this Paragraph shall submit along with the Bid Documents for review and consideration, current copy(ies) of their FDOT Certificate(s) of Qualification in the Traffic Signal Work Class, Certification of Work Underway, and Status of Contract(s) On Hand. 4. The County reserves the right to request additional information and/or contact listed persons pertaining to bidder’s experience. 1.08 AWARD OF CONTRACT A. The award of the Contract, if it be made in the County's sole discretion, shall be to the lowest responsive and responsible bidder whose bid complies with all of the material terms of this solicitation and is determined to be in the best interest of the County. B. A fully executed Notice to Proceed (NTP) Letter constitutes a contract with Miami-Dade County. The County may issue to the Contractor a NTP Letter only when, in the discretion of Miami-Dade County, all conditions for award have been satisfied including, but not limited to, compliance with all of the requirements set forth in the Recommendation for Award letter and the expiration of any applicable protest period. The Contractor must provide the County with the completed and fully executed NTP Letter prior to the date stated in the letter for commencement of the Work. The award is final only upon the County’s receipt of a fully executed NTP Letter from the Contractor. C. Without limiting the generality of the foregoing, the County may determine that it is in the County's best interest to award the Contract to the next low bidder when the low bidder's existing contractual commitments with the County, in the sole discretion of the County (a) could prevent the timely prosecution of the work requiring competing commitments of site, supervisory or home office personnel, or (b) could present potential conflicts with billing of similar items under existing contracts for similar or related work, or (c) could disfavor competition in the contracting industry in pricing or in the use of personnel or subcontractors. D. By submitting a bid, the bidder acknowledges that the County shall have the right to investigate the existence of these factors in determining whether to award the bid, and to evaluate, without limitation, the bidder's outstanding commitments on other awarded contracts, its resources to perform the Work under the Contract, and its past performance. E. The County reserves the right to waive any informality in, or to reject any or all bids. Bids from any person, firm or corporation in default upon any agreement with the County will be rejected. F. The Bidders should be qualified by experience, financing, and equipment to do the work described in the Contract Documents. The County may require from the apparent lowest responsive and responsible Bidder, as a condition for Award, a list of the major construction equipment that is available to perform all the work required by the Contract. The list shall include all equipment required and available including: quantity; condition; make and model; whether owned or leased; and their present location. Actual proof of ownership (bills of sale or certified proof of a valid lease in the name of the firm submitting the Bid) of the equipment or the ability to secure the equipment prior to Contract Award is required. A visual inspection by the County of the equipment listed shall be facilitated within 10 days of submittal of the aforementioned list. Failure to meet the timeframes and conditions stipulated herein or in the Recommendation for Award may result in the disqualification of the Bidder. MCC_SI_0419 Supplementary Instructions to Bidders Project No. 20250049 00 22 13 - 6 1.09 PAYMENT AND PERFORMANCE BONDS A. Unless otherwise exempted herein, the successful bidder must submit, within the timeframe stipulated in the Recommendation for Award, duly executed Payment and Performance Bonds, meeting the requirements of

05, F.S., on the forms prescribed by the Department or in Cash, each in the amount of the total contract price (i.e. the accepted total amount bid plus any contingency and dedicated allowances attributable to the Contract), as security for the faithful performance of this Contract and for the payment of all persons performing labor or furnishing materials in connection therewith. If Cash is used in lieu of the bonds, all terms and conditions stipulated in the bonds shall be just as applicable. B. Exemption. For contracts of $200,000.00 or less for Community Small Business Enterprise (CSBE) work as either the (i) prime contractor directly contracting with a County department, or (ii) subcontractor of a prime contractor, there shall be no requirement for the CSBE firm entering into said contract or subcontract to execute and deliver a payment and performance bond as a condition of executing such contract or subcontract, or performing the work, unless pre-approved by Small Business Development. A. The Performance and Payment Bonds shall have as the surety thereon only such surety company or companies as are acceptable to the County and are authorized to write bonds of such character and amount in accordance with the following qualifications: 1. All bonds shall be written through surety insurers authorized to do business in the State of Florida as surety, with the following qualifications as to management and financial strength according to the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey: Bond Amount ($) Best Rating 500,001 to 1,500,000 B V 1,500,001 to 2,500,000 A VI 2,500,001 to 5,000,000 A VII 5,000,000 to 10,000,000 A VIII Over 10,000,000 A IX 2. On contract amounts of $500,000 or less, the bond provisions of

0935, F.S. shall be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by: a. Providing evidence that the Surety has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued. b. Certifying that the Surety is otherwise in compliance with the Florida Insurance Code, and; c. Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under ss. 31 U.S.C. 9304-9308. 3. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury entitled "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount shall not exceed the underwriting limitations as shown in this circular. MCC_SI_0419 Supplementary Instructions to Bidders Project No. 20250049 00 22 13 - 7 4. For contracts in excess of $500,000 the provision of Subarticle 2 above will be adhered to plus the company must have been listed for at least three consecutive years, or holding a valid Certificate of Authority of at least 1.5 million dollars and on the Treasury List. 5. Surety Bonds guaranteed through U.S. Government Small Business Administration or Contractors Training and Development Inc. will also be acceptable. 6. The attorney-in-fact or other officer who signs performance and payment bonds for a surety company must file with such bond a certified copy of his power of attorney authorizing him to do so. The performance and payment bonds must be counter signed by the surety's resident Florida agent. B. The Payment and Performance Bonds must be executed on the forms provided by the Department after the recommendation of award has been made. Failure to do so shall result in the rescission of the contract award recommendation. C. Provide the County with three executed originals of the Payment and Performance Bonds and a letter from the bonding agent granting Miami-Dade County authorization to date the Bonds. D. The Performance Bond or Cash used in lieu of the Performance Bond shall remain in force for five (5) years from the date of final acceptance of the work to protect the County against losses resulting from defects in materials or improper performance of work under the Contract; provided however, that this limitation does not apply to suits seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in

11(3)(c), Florida Statutes. E. The cost of the bond(s) shall be included in the Total Amount Bid. No separate payment for the cost of said bond(s) shall be made by the County. F. The required bond(s) shall be written by or through and countersigned by a licensed Florida agent of the surety insurer pursuant to

425, F.S. G. In the event the Surety on the bond(s) given by the Contractor becomes insolvent, or is placed in the hands of a receiver, or has its right to do business in its State of domicile or the State of Florida suspended or revoked as provided by law, or in the event of cancellation of the required hands by the Surety, the County shall withhold all payments until the Contractor shall give good and sufficient bond(s) in lieu of the bond(s) executed by such Surety. 1.10 ADDITIONAL INSURANCE TO BE CARRIED BY CONTRACTOR Subparagraphs 2.9A through 2.9C and 2.9E through 2.9G of the Special Conditions to the CICC 7360-0/08 Contract are deleted and replaced with the following: A. Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys’ fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or MCC_SI_0419 Supplementary Instructions to Bidders Project No. 20250049 00 22 13 - 8 otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. B. Contractor shall furnish to the Department of Transportation and Public Works, 111 NW 1 Street, Miami Florida 33128, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 1. Worker’s Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. 2. Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence, and $2,000,000 in the aggregate, not to exclude Products and Completed Operations. Miami-Dade County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. 4. Umbrella Liability Insurance in an amount not less than $3,000,000 per occurrence, and $3,000,000 in the aggregate. a. If Excess Liability is provided must be follow form for coverages 2 and 3. C. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 1. The company must be rated no less than “A-” as to management, and no less than “Class VII” as to financial strength, by Best’s Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or 2. The company must hold a valid Florida Certificate of Authority as shown in the latest “List of All Insurance Companies Authorized or Approved to Do Business in Florida” issued by the State of Florida Department of Financial Services. NOTE: MIAMI DADE COUNTY CONTRACT NUMBER AND TITLE OF CONTRACT MUST APPEAR ON EACH CERTIFICATE. CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW 1st STREET SUITE 2340 MIAMI, FL 33128 Compliance with the foregoing requirements shall not relieve the Contractor of his liability and obligation under this section or under any other section of this agreement.                         SECTION 4: SUPPLEMENTARY INFORMATION SAMPLE SURETY PERFORMANCE AND PAYMENT BOND FORM Project Name: Traffic Signal Improvements North II Project No.: 20250049 Page 1 of 2 Published 5/13/04 SURETY PERFORMANCE AND PAYMENT BOND By this Bond, We , as Principal, whose principal business address is , as Contractor under the contract dated , 20 , between Principal and Miami-Dade County for the construction of Project No. (herein after referred to as "Contract") the terms of which Contract are incorporated by reference in its entirety into this Bond and , a corporation, whose principal business address is as Surety, are bound to Miami-Dade County (hereinafter referred to as "County") in the sum of (U.S. dollars) $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Promptly makes payments to all claimants, as defined in

05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays County all losses, damages, including damages for delay, expenses, costs and attorney's fees, including appellate proceedings, that County sustains because of a default by Principal under the Contract, including but not limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the work under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, including all warranties and curing all latent defects within 5 years after completion of the work under the Contract; then this bond is void; otherwise it remains in full force. If no specific periods of warranty are stated in the Contract for any particular item or work, material or equipment, the warranty shall be deemed to be a period of one (1) year from the date of final acceptance by the County. This Bond does not limit the County’s ability to pursue suits directly with the Principal seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in

11(3) (c), Florida Statutes. 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. Project Name: Traffic Signal Improvements North II Project No.: 20250049 Page 2 of 2 Published 5/13/04 SURETY PERFORMANCE BOND (Cont'd) IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the day of , 20 . CONTRACTOR (Contractor Name) BY: (President) (Managing Partner or Joint Venture) (SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be attached) By: Attorney-in-Fact (CORPORATE SEAL) (Power of Attorney must be attached)                             SECTION 5: SUPPLEMENTARY CONDITIONS SUPPLEMENTARY CONDITIONS MCC_SC_1020 Supplementary Conditions Project No. 20250049 TOC-1 SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS 1. SUPPLEMENTARY CONDITIONS 1.01 MISCELLANEOUS CONSTRUCTION CONTRACT (7360 PLAN) .............................................................. 1 1.02 APPLICABLE WAGE RATES ...................................................................................................................... 1 1.03 CONTINGENCY ALLOWANCE FOR TIME................................................................................................. 1 1.04 WEATHER DELAYS ................................................................................................................................... 1 1.05 ADDITIONAL FUNDING SOURCE PROVISIONS ...................................................................................... 3 1.06 ADDITIONAL SBE-CONST CONTRACT MEASURE REQUIREMENTS .................................................... 3 1.07 ADDITIONAL SBE-CONST CONTRACT MEASURE REQUIREMENTS .................................................... 4 1.08 PROMPT PAYMENTS AND RETAINAGE: ................................................................................................. 5 1.09 COMMUNITY WORKFORCE PROGRAM .................................................................................................. 6 1.10 CLEARINGHOUSE FOR POSTING NOTICE OF JOB OPPORTUNITIES ................................................. 6 1.11 RESIDENTS FIRST TRAINING AND EMPLOYMENT PROGRAM COMPLIANCE .................................... 6 1.12 EMPLOY MIAMI-DADE PROGRAM ............................................................................................................ 6 1.13 ACCEPTANCE TESTS ............................................................................................................................... 6 1.14 CHANGE ORDER PROCEDURES AND BASIS FOR PAYMENT ................................................................ 7 1.15 MIAMI-DADE COUNTY’S USER ACCESS PROGRAM (UAP). .................................................................. 7 1.16 PUBLIC RECORDS AND CONTRACTS FOR SERVICES PERFORMED ON BEHALF OF MIAMI-DADE COUNTY. .................................................................................................................................................... 8 1.17 NONDISCRIMINATION ............................................................................................................................... 8 1.18 CONTRACTOR DUE DILIGENCE AFFIDAVIT ........................................................................................... 9 1.19 LIQUIDATED DAMAGES. ........................................................................................................................... 9 1.20 CLAIMS ..................................................................................................................................................... 10 1.21 DISPUTES................................................................................................................................................. 14 1.22 EXTRA WORK .......................................................................................................................................... 15 1.23 WARRANTY OF CONSTRUCTION .......................................................................................................... 19 APPENDIX TO THE SUPPLEMENTARY CONDITIONS Appendix A: (OSHA) Forms 300, 300A and 301 Appendix B: Small Business Division, Project Worksheet MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 1 1. SUPPLEMENTARY CONDITIONS 1.01 MISCELLANEOUS CONSTRUCTION CONTRACT (7360 PLAN) A. These Supplementary Conditions amend or supplement the Miscellaneous Construction Contract (MCC) CICC 7360-0/08, the MCC 7360 Plan, and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. All requirements of the Contract Documents, or portions thereof, which are not specifically modified, deleted, or superseded hereby, remain in full effect. The MCC Contract and Plan may also be supplemented elsewhere in the Contract Documents by provisions located in, but not necessarily limited to, Division 1 (General Requirements) of the Contract Specifications. 1.02 APPLICABLE WAGE RATES A. Amend Paragraph 2.17 of the CICC 7360-0/08 Miscellaneous Construction Contract by adding the following: On May 28, 2024, the Governor signed into law House Bill (“HB”) 705. Prior to the adoption of HB 705,

0992 of the Florida Statutes generally prohibited Miami-Dade County (the “County”), from requiring a contractor, subcontractor, or supplier to pay or provide a predetermined amount of wages or benefits to its employees or recruit or hire employees from a designated or restricted source in construction projects paid for with any state-appropriated funds. Additionally, under the same statute, the County could not apply small business measures or limit bidding among Small Business Enterprise-Construction (“SBE-Con”) firms for construction projects paid for with any state funds. However, for contracts funded solely with County funds, prior to the adoption of HB 705,

0992 did not limit the application of the County’s SBE-Con program, responsible wages, or workforce requirements. B. No RESPONSIBLE WAGES AND BENEFITS apply for this project. 1.03 CONTINGENCY ALLOWANCE FOR TIME A. Paragraph 2.58 of the CICC 7360-0/08 Miscellaneous Construction Contract is hereby amended to provide a Contingency Allowance for time extension not to exceed ten percent of the original Contract Duration pursuant to a written request by Contractor for a time extension for an Excusable Delay, as described in Paragraph 2.58 of the 7360 Miscellaneous Construction Contract, that affects the critical path schedule of the Contract or any previously approved changes. The request must be accompanied by written documentation that supports the justification of a time extension, and is subject to review and concurrence by the department Engineer, or designee. If approved, a Contract Contingency Allowance Expenditure Authorization will be created for execution by all parties. Once executed the time extension will adjust the scheduled completion date. The cumulative total of all Contingency Allowance time extensions shall not exceed ten percent of the original Contract Duration rounded off to the next whole number. 1.04 WEATHER DELAYS A. Schedule of Anticipated Weather Delay Days MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 2 1. The following schedule of average climatic range, based on National Oceanic and Atmospheric Administration (NOAA) normal data (1981-2010 Monthly Normals; GHCN Daily ID: USW00012839; MIAMI INTL AP, FL), will be used as the standard baseline for monthly evaluations of weather delays for this Contract. Schedule of Anticipated Weather Delay Days Month JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Days 3 4 4 4 7 12 11 13 13 8 4 4 2. The above schedule provides the anticipated number of days each month during which construction activity exposed to weather conditions is expected to be prevented and suspended by cause of adverse weather. Suspension of construction activity for the number of days listed in the schedule, for each month, is included in the Work and is not eligible for extension of Contract Time. The Work Progress Schedule submitted by Contractor must reflect these anticipated adverse weather delays in all weather dependent activities. B. Extension of Contract Time for Adverse Weather Days In Excess of the Standard Baseline 1. If the basis exists, in accordance with the Conditions of the Contract, for a claim for extension of time, an extension of time on the basis of weather may be granted only for the number of Weather Delay Days in a month that are in excess of the number of days listed above for that month in the Schedule of Anticipated Adverse Weather Delay Days. 2. Adverse Weather Day is defined, for the purpose of this Article, as the occurrence of one or more of the following weather conditions within a twenty-four (24) hour day that prevents scheduled critical path construction activity exposed to weather conditions: a. Precipitation in excess of one-tenth inch (0.10"). b. Temperatures that do not rise above that required for the day's construction activity, if such temperature requirement is specified or accepted as standard industry practice. c. Sustained wind in excess of twenty-five (25) miles per hour. 3. Adverse Weather Day may include “dry-out” days, resulting from precipitation that occurs beyond the Anticipated Weather Delay Days for the month, only if there is a hindrance to site access or sitework and Contractor has taken all reasonable accommodations to avoid such hindrance; and, at a rate no greater than 1 make-up day for each precipitation day (or consecutive days) that total 1.0 inch or more of precipitation. 4. A Weather Delay Day may be counted by the Engineer, if adverse weather prevents work on the Project for fifty percent (50%) or more of the Contractor’s normal scheduled work day and critical path construction activities were included in the day’s schedule, including a weekend day or holiday approved by the Engineer with construction activity scheduled that day. 5. No additional compensation will be made for weather delays. C. Contractor Documentation and Submittals 1. Organize claim to facilitate evaluation by calendar month and submit in accordance with the claims submittal requirements of the Contract Documents. Documentation is required for each Adverse Weather Day that results in a Weather Delay. Identify the number if days claimed for MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 3 the month that exceeds the Schedule of Anticipated Adverse Weather Delays. Documentation must include: a. Daily jobsite work logs showing which and to what extent critical path construction activities have been affected by adverse weather. b. Daily weather data, obtained from the nearest NOAA weather station or other independently verified source approved by Engineer at beginning of the Project, to support claim for time extension. NOAA Global Historical Climatology Network (GHCN) Daily data may be obtained from the NOAA website at http://www.ncdc.noaa.gov/cdo-web/search. 2. If an extension of Contract Time is appropriate and approved by the Department, such extension will be made in accordance with the requirements of the Contract Documents. 1.05 ADDITIONAL FUNDING SOURCE PROVISIONS 1. Mobility Impact Fee (MIF) Contractor must comply with all requirements of the funding sources(s) for work issued under this Contract. This contract is being funded, in whole or in part, with Miami-Dade County funding sources including Mobility Impact Fees (MIF). 1.06 ADDITIONAL SBE-CONST CONTRACT MEASURE REQUIREMENTS A. In accordance with Miami-Dade County Ordinance No.'s 97-52, 14-98, and 97-158; A.O. 3-22, a Small Business Enterprise-Construction (SBE-CONST) Contract Measure has been established for this Project. SBD Worksheet can be found under Appendix <<B>> to these Specifications Contractor must comply with the requirements of the Internal Services Department, Small Business Development Division (SBD) Small Business Enterprise-Construction Program (SBE-CONST) Participation Provisions and Small Business Enterprise Goods and Services (SBE-GS). A current copy of the provisions may be obtained at http://www.miamidade.gov/business/business- certification-programs.asp. B. Unless waived by majority vote of the Miami-Dade Board of County Commissioners, Contractor must comply with the following provisions for all contracts where a SBE-CONST subcontractor goal(s) is established for SBE-CONSTs to perform and achieve said goals: 1. No SBE-CONST firm entering into a subcontract for $200,000 or less shall be required to execute and deliver a payment and performance bond as a condition of executing such subcontract or performing the work unless, in the case of a subcontract, the prime contractor has requested from the County, and the County has approved prior to the execution of the subcontract, such request based on information submitted by the prime contractor. Such information shall include, but not be limited to, the following: (1) subcontractor's prior work history; (2) subcontractor's number of years in business; (3) scope of work; (4) conditions affecting the work; (5) value of the subcontract; (6) schedule considerations; (7) subcontract terms; and (8) any other factors that may affect risk. 2. Upon the mutual agreement between the prime contractor and SBE-CONST, the SBE-CONST may be paid up to five percent (5%) of the value of the subcontract, exclusive of contingencies, in advance, upon written evidence reasonably satisfactory to the Internal Services Department, Small Business Development Division "SBD") of the SBE-CONST's imminent expenditure of those funds for mobilization directly related to the work. Such written evidence may include, MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 4 but is not limited to, executed contracts, purchase orders, and invoices, and must be submitted to SBD and the contracting department. 3. Upon mutual agreement between the prime contractor and SBE-CONST subcontractor and prior approval by SBD, provided that (i) the SBE-CONST subcontractor is not in breach of its payment and performance obligations under the subcontract, and (ii) the SBE-CONST subcontractor is responsible for the negotiation and purchase of materials, the prime contractor shall pay directly for the purchase of any material to be incorporated in the work which is the object of the SBE-CONST's subcontract. Such direct payment shall be made by dual party check made payable to the material supplier and the SBE-CONST subcontractor and shall be credited against the prime contractor's payment obligations under the subcontract and credited against the agreed items in the schedule of values where the materials were used. 4. Any and all amounts withheld in retainage under a SBE-CONST's subcontract shall be paid in full upon satisfactory completion and acceptance of the SBE-CONST's work in compliance with its subcontract within the same number of days that the County has mandated as the billing cycle for said contract in operation, or within forty (40) calendar days of submittal of such billing(s) by the SBE-CONST subcontractor(s) to the prime contractor, whichever is less, regardless of whether the prime contractor has received payment from the County. 5. Within five (5) working days of the prime contractor becoming aware of a performance problem with a SBE-CONST, the prime contractor shall notify the SBE-CONST of such problem, in writing and with sufficient specificity to allow the SBE-CONST to identify and redress the problem, and shall allow the SBE-CONST a reasonable cure period. Disputes between the prime contractor and any SBE-CONST shall be submitted to SBD for expedited alternative dispute resolution. 6. A prime contractor shall not require of any SBE-CONST more than the minimum insurance coverage ($300,000 General Liability, $300,000 Automobile and Worker's Compensation in accordance with state law) unless the prime contractor has requested from the County, and the County has approved prior to the execution of the subcontract, such request based on information submitted by the prime contractor. Such information shall include, but not be limited to, the following: (1) work discipline covered by the subcontract; (2) subcontractor's prior work history; (3) subcontractor's number of years in business; (4) scope of work; (5) conditions affecting the work; (6) value of the subcontract; (7) schedule considerations; (8) contract terms; and (9) any other factors that may affect risk. 1.07 ADDITIONAL SBE-CONST CONTRACT MEASURE REQUIREMENTS A. Considering the passing of HB 705, effective July 1, 2024, the following prohibitions exist: 1. The County’s Small Business Enterprise Construction Program (SBE-Cons) cannot be applied to the County’s capital construction projects, including design-build projects, awarded after July 1, 2024. B. Small Business Enterprise-Construction Program Measures 1. No SBE-CON measures have been established for this Project. MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 5 1.08 PROMPT PAYMENTS AND RETAINAGE: 1. In addition to Miami-Dade County Sec. 2-8.1.4. Sherman S. Winn Prompt Payment Ordinance and Administrative Order No.: 3-19 Prompt Payment, contractors, subcontractors and the County must also meet the requirements of Title 49 CFR part 26.29 and 26.37 and the Florida Prompt Pay Act. Prime contractors must pay subcontractors, including DBE’S, for satisfactory performance of their contracts no later than 30 calendar days after the date on which the payment request or a “proper invoice” is stamped received. Further, the prime contractor will return retainage payments to the subcontractor within 30 days of the sub-contractor's satisfactory completion of work. 2. Proper Invoice means an invoice which conforms to the present requirements of the County’s finance system, which includes the issuance of a valid purchase order or contract as well as applicable change orders or amendments, and any rules promulgated from time to time by Administrative Order of the Mayor. A proper invoice must include a statement by the vendor/contractor waiving claims for extra direct and indirect costs or time associated with work preceding the date of the invoice, or a statement in sufficient detail containing all rights reserved for work already performed. All present requirements or future rules pertaining to the execution of a proper invoice are available to contractors at the pre-construction meeting. 3. In any case in which an improper invoice is submitted by a contractor, the County will, within ten (10) days after the improper invoice is received by it, notify the contractor that the invoice is improper and indicate what corrective action on the part of the vendor is needed to make the invoice proper. 4. In the event a dispute occurs between the contractor and the County concerning payment of an invoice, such disagreement shall be resolved not later than forty-five (45) days after the date on which the improper invoice was received by the County, and shall be concluded by final written decision of the Mayor or his or her designee(s), not later than sixty (60) days after the date on which the improper invoice was received by the County. 5. If the dispute is resolved in favor of the contractor, then interest shall begin to accrue as of the original date the payment became due. 6. All payments due from the County, and are not made by the appropriate due date as described above, shall bear interest from thirty (30) days after the appropriate due date at the rate of one (1) percent per month on the unpaid balance. One (1) month shall constitute a period beginning on any day of a month and ending on the same day of the following month. Any overdue period of less than one (1) month shall be considered as one (1) month in computing interest. Unpaid interest shall compound monthly. 7. The vendor must be responsible for preparing and delivering an invoice to the County for any interest accrued in order to receive the interest payment. The invoice must include the following: a. Date proper invoice received by County, its applicable invoice number and amount. b. Date punch list was completed. c. Date and corresponding reference number of applicable purchase order, requisition or contract. d. Payment due date. e. Date interest commences. f. Interest due at one percent per month on unpaid balance. MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 6 8. Contractor may not hold retainage from its subcontractors and is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or within 30 days after incremental acceptance of the subcontractor’s work by the County and contractor’s receipt of the partial retainage payment related to the subcontractor’s work, whichever comes first. 1.09 COMMUNITY WORKFORCE PROGRAM A. Considering the passing of HB 705, effective July 1, 2024, the following prohibitions exist: 1. The County’s Community Workforce Program (CWP) will not be applied to the County’s capital construction projects, including design-build projects, awarded after July 1, 2024. 1.10 CLEARINGHOUSE FOR POSTING NOTICE OF JOB OPPORTUNITIES A. Considering the passing of HB 705, effective July 1, 2024, the following prohibitions exist: 1. The Miami-Dade County Job Clearinghouse (JCH) will not be applied to the County’s capital construction projects, including design-build projects, awarded after July 1, 2024 1.11 RESIDENTS FIRST TRAINING AND EMPLOYMENT PROGRAM COMPLIANCE A. Considering the passing of HB 705, effective July 1, 2024, the following prohibitions exist: 1. The County’s Residence First Training and Employment Program requirements will not be applied to the County’s capital construction projects, including design-build projects, awarded after July 1, 2024. 1.12 EMPLOY MIAMI-DADE PROGRAM A. Considering the passing of HB 705, effective July 1, 2024, the following prohibitions exist: 1. The County’s Employ Miami-Dade Program requirements will not be applied to the County’s capital construction projects, including design-build projects, awarded after July 1, 2024. 1.13 ACCEPTANCE TESTS A. Replace Article 2.89 of the CICC 7360-0/08 Miscellaneous Construction Contract with the following: B. When Contractor informs Engineer that the Work is ready for inspection and testing, Engineer may request, from a County approved laboratory, the tests necessary to confirm that the required material, compaction, or work specifications are met. If the results of the tests reveal that the applicable specifications have not been met, Contractor, without additional compensation, must perform, to the satisfaction of Engineer, all work necessary to meet the applicable specifications and is responsible for the costs of all re-testing required by Engineer and the Contract Documents. MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 7 C. The Department will pay the laboratory for the first test (pass or fail); any re-testing will be the responsibility of Contractor. The Department will only pay for re-testing when authorized, in writing, by Engineer. D. Contractor must comply with the conditions of the agreement between Miami-Dade County and Laboratory. 1.14 CHANGE ORDER PROCEDURES AND BASIS FOR PAYMENT A. Extra Work shall result in an equitable adjustment (increase or decrease) to the applicable RPQ 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 RPQ schedule for performance for both the Extra Work and any other Work affected by the Extra Work. B. The County shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to immediately start the Extra Work. The Contactor 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. C. The Contractor is required to provide the Project Manager with a detailed Change Order Proposal, if an Owner's Representative has been identified, which shall include requested revisions to the Contract, including but not limited to adjustments in the RPQ price and schedules for performance for the applicable RPQ. The change to the RPQ shall not exceed $100,000 or 10% of original RPQ, whichever is less. The Contactor is required to provide sufficient data in support of the cost proposal demonstrating reasonableness. In furtherance of this obligation, the County 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 Contractors Change Order Proposal. The Contractor’s Change Order Proposal must include any schedule revisions and an explanation of the cost and schedule impact of the extra Work on the project. lf the Contractor fails to notify the Project Manager of the schedule changes associated with a Notice of Proposed Change Order by submitting a revised schedule document, it will be deemed to be an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Order Proposal will in no event include a combined profit and home office overhead rate in excess of fifteen (15%) percent of the direct labor and material costs, unless the Project Manager determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. The Change Order Proposal may be accepted or modified by negotiations between the Contractor and the County. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing. The execution by the Contractor of the Extra Work order shall serve as a release of the County 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 County relating to the Extra Work. 1.15 MIAMI-DADE COUNTY’S USER ACCESS PROGRAM (UAP). A. On November 5, 2013 the Board of County Commissioners adopted Ordinance No. 13-103 eliminating the construction contract exemption to the User Access Program set forth in Section 2-8.10 of the Code of Miami-Dade County with the exception of Miscellaneous Construction Contract Program contracts with a total contract value of less than $500,000. Ordinance No. 13- 103 retained the other exemptions listed in Section 2-8.10 of the Code including an exemption for contracts “funded with any funding source, including federal, which prohibits or restricts the application of the credit to the County effected in the UAP.” As bond funding would be a funding source “which prohibits or restricts the application” of the UAP, construction contracts funded by MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 8 bond proceeds (e.g., General Obligation Bond (GOB), People’s Transportation Plan (PTP)) remain exempt from the application of the County’s User Access Program. B. UAP applies for this project, Therefore: C. If applicable, this Contract is subject to a user access fee under the County’s User Access Program (UAP) in the amount of two percent (2%) pursuant to Miami-Dade County Budget Ordinance No. 03-192. All construction services provided under this contract are subject to the 2% UAP. This fee applies to all Contract usage whether by County Departments or by any other governmental, quasi-governmental or not-for-profit entity. From every payment made to the Contractor under this contract (including the payment of retainage), the County will deduct the two percent (2%) UAP fee provided in the ordinance and the Contractor will accept such reduced amount as full compensation for any and all deliverables under the contract. The County shall retain the 2% UAP for use by the County to help defray the cost of its procurement program. Contractor participation in this pay request reduction portion of the UAP is mandatory. 1.16 PUBLIC RECORDS AND CONTRACTS FOR SERVICES PERFORMED ON BEHALF OF MIAMI-DADE COUNTY. A. The Contractor shall comply with the Public Records Laws of the State of Florida, including but not limited to,: 1. Keeping and maintaining all public records that ordinarily and necessarily would be required by Miami-Dade County (County) in order to perform the service 2. Providing the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law 3. Ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and 4. Meeting all requirements for retaining public records and transferring, at no cost, to the County all public records in possession of the Contractor upon termination of the contract and destroying any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements upon such transfer. B. In addition, all records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure to meet any of these provisions or to comply with Florida’s Public Records Laws as applicable shall be a material breach of the agreement and shall be enforced in accordance with the terms of the agreement. C. For questions regarding the application of chapter 119, Florida Statutes, to The Contractor’s Duty to Provide Public Records relating to this contract, contact the Custodian of Public Records at (305) 375-4735; isd-vss@miamidade.gov; 111 NW 1 Street, suite 1300, Miami, Florida 33128. 1.17 NONDISCRIMINATION A. During the performance of this Contract, Contractor agrees to not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation, gender identity or MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 9 gender expression, status as victim of domestic violence, dating violence or stalking, or veteran status, and on housing related contracts the source of income, and will take affirmative action to ensure that employees and applicants are afforded equal employment opportunities without discrimination. Such action shall be taken with reference to, but not limited to: recruitment, employment, termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on the job training. B. By entering into this Contract, the Contractor attests that it is not in violation of the Americans with Disabilities Act of 1990 (and related Acts) or Miami-Dade County Resolution No. R-385-95. If the Contractor or any owner, subsidiary or other firm affiliated with or related to the Contractor is found by the responsible enforcement agency or the County to be in violation of the Act or the Resolution, such violation shall render this Contract void. This Contract shall be void if the Contractor submits a false affidavit pursuant to this Resolution or the Contractor violates the Act or the Resolution during the term of this Contract, even if the Contractor was not in violation at the time it submitted its affidavit. 1.18 CONTRACTOR DUE DILIGENCE AFFIDAVIT A. In accordance with Board of County Commissioners Resolution 63-14, Contractor, as a condition of award, must submit Contractor Due Diligence Affidavit Form on any contract that exceeds $1 million, or that is otherwise subject to Board approval. 1. Affidavit is attached in Section 2 of these Solicitation Documents and must be included in the solicitation package. Form requires that Contractors attest to the following under oath: a. All of the lawsuits that have been filed against that entity, its directors, partners, principals, and/or board members, based on breach of contract by that entity in the five years prior to bid or proposal submittal, including the case name and number and the disposition of the case; b. Any instances in the five years prior to bid or proposal submittal where that entity has been defaulted and a brief description of the circumstances; and c. All of the instances in the five years prior to bid or proposal submission where that entity has been debarred or received a formal notice of non-compliance or non-performance, such as a notice to cure or a suspension from participating or bidding for contracts, whether related to Miami-Dade County or not. B. It is the responsibility of the Contractor to return the fully executed Affidavit at the time of bid or proposal submittal. This affidavit will be used as an additional measure of due diligence prior to award of a contract. C. In accord with Resolution No. R-828-19, the County reserves the right to request from any bidder the disclosure of any lawsuits which include allegations of discrimination in the last ten years prior to date of solicitation, the disposition of such lawsuits, or statement that there are no such lawsuits. D. As per Miami-Dade County Resolution R-1181-18, Submit OSHA form 300 containing a list of the company’s work-related injury and illness data; and OSHA inspection data, for the previous three years, for the contractor and first tier subcontractors. The Department of Labor Occupational and safety Health Administration (OSHA) Form 300, 300Aand 301 can be found under Appendix B of these Supplementary Conditions. 1.19 LIQUIDATED DAMAGES. MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 10 Expand Subarticle 1.06 J from the DTPW General Requirements as follows: A. Engineer will issue a Work Order identifying the location, description and amount of work to be accomplished. Notify Engineer prior to beginning work on the project. B. Initial Work Order may be issued with the Notice to Proceed. Contractor will be allowed fourteen (14) calendar days from receipt of the initial Work Order to respond and begin work. The fourteen (14) calendar days begin on the date the work order is received in person, by fax or by certified mail. Contractor will be expected to respond and begin work within five working days of receipt of any subsequent Work Order. If a start date later than 5 working days is identified in a Work Order, Contractor will be expected to begin work by the start date identified in the Work Order. C. Charging of Contract time will begin on the actual day that work begins at the site, but no later than: 1. the 14th calendar day from receipt of the initial Work Order; or 2. the 5th working day from receipt of any subsequent Work Order; or 3. the “start date “ identified in a Work Order (as described above) that is applicable to the specific Work Order issued. D. If the Contractor does not begin work by the end of the day provided by the Work Order, or if the assignment of work on the Work Order is not complete within the number of calendar days specified on the Work Order, then the County may assess the Contractor, not as a penalty but as liquidated damages, the amount shown in Subarticle 1.06, J, 2, Liquidated Damages, of the DTPW General Requirements. E. All work locations will be described with sufficient particularity that will allow Contractor to proceed immediately to the location with minimum delay. The County will make every reasonable effort to plan work locations and develop work documents in systematic and concentrated regions so as to minimize the Contractor's travel requirements. A Pre-Work Conference may be scheduled prior to the commencement of work in accordance with DTPW General Requirements. F. Upon completion of the assigned work of the Work Order, notify Engineer. Certify that the work quantities and quality were accomplished in accordance with these specifications by signing and returning the Work Order to the Department. All work completed will be reviewed to verify quantity and quality prior to approval of the Work Order. G. Should inclement weather limit or stop the work, notify Engineer of such. Article 1.04 of these Supplemental Specifications describe Weather Delays adjustments. Limitation or work stoppage. Schedule work in a manner that prevents delays, stoppages and rework. 1.20 CLAIMS A. Amend Paragraph 2.78 of the CICC 7360-0/08 Miscellaneous Construction Contract by adding the following: B. Notice of Claims 1. The Contractor will not be entitled to additional time or compensation otherwise payable for any act or failure to act by the Department, the happening of any event or occurrence, or any MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 11 other cause, unless he shall have given the Project manager a written notice of claim therefore as specified in this article. 2. The Contractor shall provide immediate verbal notification with written confirmation within forty- eight (48) hours of any potential claims and of the anticipated time and/or cost impacts resulting thereof. The written notice of claim shall set forth the reasons for which the Contractor believes additional compensation and/or time will or may be due, the nature of the costs involved and the approximate amount of the potential claim. 3. It is the intention of this article, that differences between the parties arising under and by virtue of the Contract shall be brought to the attention of the Project Manager at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. 4. The notice requirements of this article are in addition to those required in other articles of these Contract Documents, inclusive of the conditions listed under the MCC Plan. 5. The Contractor shall segregate all costs associated with each individual claim including but not limited to labor, equipment, material, subcontractor and supplier costs, and all other costs related to the claim. In the event that the Contractor has multiple claims, the Contractor will segregate each claim individually including the respective costs associated with each claim. Failure to segregate claims and their respective costs will be grounds for the Department's rejection of the claim. No “total cost claims” shall be allowed under this Contract. 6. The Contractor must maintain a cost accounting system as a condition for making a claim against the Department. The cost accounting system must segregate the costs of the work under the Contract (non-claims-related) from claims-related and other Contractor costs through the use of a job cost ledger and be otherwise in compliance with general accounting principles. 7. If the Department decides to pay all or part of a claim for which notice was not timely made, the Department does not waive the right to enforce the notice requirements in connection with any other claim. 8. Inasmuch as the notice of claim requirements of this article are intended to enable the Project Manager to investigate while facts are fresh and to take action to minimize or avoid a claim which might be filed thereafter, the Contractor's failure to make the required notice on time is likely to disadvantage the Department. Therefore, a claim that does not comply with the notice requirements above shall not be considered unless the Contractor submits with his claim proof showing that the Department has not been prejudiced by the Contractor's failure to so comply and, in the event the Department has been prejudiced by the Contractor's failure to submit a timely notice of claim, the Department will reduce any equitable adjustment claimed by the Contractor to reflect the damage. C. Claim Submittals 1. Claims or requests for equitable adjustments filed by the Contractor shall be filed in full accordance with this article no later than 30 calendar days after the act giving rise to the claim and in sufficient detail to enable the Department to ascertain the basis and amount of said claims. In the case of continuing or on-going claim events, the Contractor shall be allowed to periodically amend his claim to more accurately reflect the impact of said claim, until the end of the claim event. No claims for additional compensation, time extension or for any other relief under the Contract shall be recognized, processed, or treated in any manner unless the same is presented in accordance with this Article. Failure to present and process any claim in accordance with this Article shall be conclusively deemed a waiver, abandonment or relinquishment of any such claim, it being expressly understood and agreed that the timely MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 12 presentation of claims, in sufficient detail to allow proper investigation and prompt resolution thereof, is essential to the administration of this Contract. 2. The Department will review and evaluate the Contractor's claims. It will be the responsibility of the Contractor to furnish, when requested by the Project manager, such further information and details as may be required to determine the facts or contentions involved in his claims. The cost of claims preparation or Change Order negotiations shall not be reimbursable under this Contract. 3. Any work performed by the Contractor prior to Notice-to-Proceed (NTP) shall not be the basis for a claim from the Contractor of any kind. 4. Each claim must be certified by the Contractor as required by the Miami-Dade Code, False Claims Act (see Code Section 21-255, et seq.), and accompanied by all materials required by Miami-Dade County Code Section 21-257. A "certified claim" shall be made under oath by a person duly authorized by the claimant, and shall contain a statement that: a. The claim is made in good faith; b. The claim's supporting data is accurate and complete to the best of the person's knowledge and belief; c. The amount of the claim accurately reflects the amount that the claimant believes is due from the Department; and d. The certifying person is duly authorized by the claimant to certify the claim. 5. In order to substantiate time-related claims (delays, disruptions, impacts, etc.), the Contractor shall, if applicable and as determined by the Department, submit, in triplicate, the following information: a. Copy of Contractor's notice of claim in accordance with this article. Failure to submit the notice is sufficient grounds to deny the claim. b. The approved, as-planned Schedule in accordance with the applicable section of the Contract Documents and computer storage media, if applicable. c. The as-built Schedule reflecting changes to the approved schedule up to the time of the impact in question and computer storage media if applicable. d. The basis for the duration of the start and finish dates of each impact activity and the reason for choosing the successor and predecessor events affected in the schedule shall be explained. Also, the basis for the duration of any lead/lags inserted into the schedule and the duration in related activity duration shall be explained. e. A marked-up as-built Schedule indicating the causes responsible for changes between the as-planned and as-built schedule and establishing the required cause and effect relationships. f. After indicating specific time related changes on the as-built schedule, the documentation must be segregated into separate packages with each package documenting a specific duration change identified previously. This documentation package shall include Change Orders, Change Notices, Work Orders, written directions, meeting minutes, etc., related to the change in duration. g. Any loss of efficiency, acceleration, disruption and loss of productivity claims shall be compensated as part of the Liquidated Indirect Costs paid for compensable, excusable delays and mark-up on Direct Cost of changes as allowed by the Contract. Total cost and modified total cost claims will not be accepted and the Contractor agrees to waive the right MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 13 to seek recovery by these methods. The claimed delay shall not result from a cause specified in the Contract Documents as a non-excusable delay. h. The Contractor assumes all risk for the following items, none of which shall be the subject of any claim and none of which shall be compensated for except as they may have been included in the compensation described under Liquidated Indirect Costs: 1) Home office expenses or any Direct Costs incurred allocated from the headquarters of the Contractor; 2) Loss of anticipated profits on this or any other project; 3) Loss of bonding capacity or capability; 4) Losses due to other projects not bid upon; 5) Loss of business opportunities; 6) Loss of productivity on this or any other project; 7) Loss of interest income on funds not paid; 8) Costs to prepare, negotiate or prosecute claims and 9) Costs spent to achieve compliance with applicable laws and ordinances (excepting only sales taxes paid shall be reimbursable expense subject to the provisions of the Contract Documents). i. All non-time-related claim items for additional compensation for Direct Costs shall be properly documented and supported with copies of invoices, time sheets, rental agreements, crew sheets and the like. j. Cost information shall be submitted in sufficient detail to allow for review. The basis for the budgeted or actual costs shall include man-hours by trade, labor rates, material and equipment costs etc. These costs shall be broken down by pay. k. The documentation for budgeted cost shall, as a minimum, include: 1) Copies of all the Contractor's bid documents, bid quotes, faxed quotes, etc. 2) Copies of all executed subcontracts. 3) Other related budget documents as requested by the Project Manager. l. The documentation for actual cost shall, as a minimum, include: 1) Time Sheets. 2) Materials invoices 3) Equipment invoices 4) Subcontractors’ payments 5) Other related documents as required by the Project Manager. m. The Contractor shall make all his books, employees, work sites and records available to the Department or its representatives for inspection and audit. 6. No payment shall be made to the Contractor by the Department for loss of anticipated profit(s) from any deleted work. 7. As indicated above, the Project Manager and the Field Representative shall be allowed full and complete access to all personnel, documents, work sites or other information reasonably necessary to investigate any claim. Within sixty (60) days after a claim has been received, the claim shall either be rejected with an explanation as to why it was rejected or acknowledged. MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 14 Once the claim is acknowledged, the parties shall attempt to negotiate a satisfactory settlement of the claim, which settlement shall be included in a subsequent Work Order or Change Order. If the parties fail to reach an agreement on a recognized claim, the Department shall pay to the Contractor the amount of money it deems reasonable, less any appropriate retention, to compensate the Contractor for the recognized claim. 8. Failure of the Contractor to make a specific reservation of rights regarding any such disputed amounts in the body of the Change Order which contains the payment shall be construed as a waiver, abandonment, or relinquishment of all claims for additional monies resulting from the claims embodied in said Change Order. However, once the Contractor has properly reserved rights to any claim, no further reservations of rights shall be required and the Contractor shall not be required to repeat the reservation in any subsequent change order. Prior reservation of rights may however be modified, by express reference, in subsequent change orders. Notwithstanding the aforementioned, at the time of final payment under the Contract, the Contractor shall specify all claims which have been denied and all claims for which rights have been reserved in accordance with this section. Failure to so specify any particular claim shall be constructed as a waiver, abandonment, or relinquishment of such claim. 1.21 DISPUTES A. Amend Paragraph 2.81 of the CICC 7360-0/08 Miscellaneous Construction Contract by adding the following: B. Disputes 1. The following provisions shall govern disputes under this Contract unless the Special Provisions to this Contract contain the requirement for the use of an alternate dispute resolution method. For example, for large projects of great complexity, a Dispute Review Board (DRB) may be employed by the Department to settle disputes in lieu of the Department Director or Office of the Mayor (OOM) designee as specified below. In this case, the DRB alternative shall be specified by the Department in the Special Provisions and, if utilized, shall supersede this dispute provision. a. In the event the Contractor and the Department are unable to resolve their differences concerning any determination made by the Project Manager or Department on any dispute or claim arising under or relating to the Contract (referred to in this Section as a “Dispute”), either the Contractor or the Department may initiate a dispute in accordance with the procedure set forth in this article. Exhaustion of these procedures shall be a precondition to any lawsuit permitted hereunder. b. For contracts with a value of $5 million or less, all Disputes under this Contract shall be decided by the Department Director or his designee. For contracts valued at more than $5 million, Disputes shall be decided by a designee appointed by the OOM. c. As soon as practicable, the Department Director or OOM designee shall adopt a schedule for the Contractor and the Department to file written submissions stating their respective positions and the bases therefore. The written submissions shall include copies of all documents and sworn statements in affidavit form from all witnesses relied on by each party in support of its position. Within 20 working days of the date on which such written submissions are filed, the Department Director or OOM designee shall afford each party an opportunity to present a maximum of one hour of argument. The Department Director or OOM designee may decide the Dispute on the basis of the affidavits and other written submissions if, in his opinion, there is no issue of material fact and the party is entitled to a favorable resolution pursuant to the terms of this Contract. As part of such decision, the Department Director or OOM designee shall determine the timeliness and sufficiency of MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 15 each notice of claim and claim at issue as provided in this article. The Department Director or OOM designee shall have the authority to rule on questions of law, including disputes over contract interpretation, and to resolve claims, or portions of claims, via summary judgment where there are no disputed issues of material fact. Furthermore, the Department Director or OOM designee is authorized by both parties to strike elements of claims seeking relief or damages not available under the contract (such as, but not limited to, claims for lost profits, off-site overhead, loss of efficiency or productivity claims or claim’s preparation costs) by summary disposition. d. In the event that the Department Director or OOM designee determines that the affidavits or other written submissions present issues of material fact, he shall allow the presentation of evidence in the form of lay or expert testimony directed solely to the issues which he may specifically identify to require factual resolution. The testimonial portion of the process shall not exceed one day in duration per side, including opening statements and closing arguments, if allowed by the Department Director or OOM designee at his reasonable discretion. e. No formal discovery shall be allowed in connection with any proceeding under this article. Notwithstanding the foregoing, both parties agree that all of the audit, document inspection, information and documentation requirements set forth elsewhere in this contract shall remain in force and effect throughout the proceeding. The Department Director or OOM designee shall not schedule the hearing until both parties have made all their respective records available for inspection and reproduction and the parties have been afforded reasonable time to analyze the records. The continued failure of a party to comply with the document inspection, examination, or submission requirements set forth in this contract shall constitute a waiver of that party’s claims and/or defenses, as applicable. Hearsay evidence shall be admissible but shall not form the sole basis for any finding of fact. Failure of any party to participate on a timely basis, to cooperate in the proceedings, or to furnish evidence in support or defense of a claim shall be a criteria in determining the sufficiency and validity of a claim. f. The Department Director or OOM designee shall issue a written decision within 15 working days after conclusion of any testimonial proceeding and, if no testimonial proceeding is conducted, within 45 days of the filing of the last written submission. This written decision shall set forth the reasons for the disposition of the claim and a breakdown of any specific issues or subcontractor claims. g. If either party wishes to protest the decision of the Department Director or OOM designee, such party may commence an action in a court of competent jurisdiction, within the periods prescribed by law, it being understood that the review of the court shall be limited to the question of whether or not the Department Director or OOM designee’s determination was arbitrary and capricious, unsupported by any competent evidence, or so grossly erroneous to evidence bad faith. h. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the Department's interpretation. Any presentation or request by the Contractor under this article will be subject to the same requirements for Submittal of Claims in this article. 1.22 EXTRA WORK A. The following Subarticle replaces the following items: Article 2.83, Extra Work and Payment Therefore, of the Special Conditions of the MCC 7360 Plan. 1. Contractor may be asked to perform extra work, for which there is no price included in the Proposal, wherever it is deemed necessary or desirable by the Engineer to satisfactorily MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 16 complete the Project as contemplated, and such extra work must be performed promptly in accordance with the Specifications and as directed by the Engineer, provided, however, that before any extra work is begun, a written order from the Engineer to do the work shall be given to the Contractor. No extra work will be paid for unless ordered in writing. 2. All changed or added work so authorized shall be performed by the Contractor at the time and in the manner specified. 3. The Change Order shall include, as a minimum: a. Scope of work to be added, deleted or modified; b. Cost of work to be added, deleted or modified; c. The Contract time extension or reduction in contract time in the case of deleted work required to perform the work to be added, deleted or modified; d. Full release of claims associated with the Contract through the date of the change order, or a reservation of claims identified as to each claim reserved, the scope of the work, the maximum cost of the work, and the maximum number of days of Contract time requested, shall be specified. 4. The Work Order shall include, at a minimum: a. Scope of work to be added, deleted or modified; b. Cost of work to be added, deleted or modified; c. The Contract time extension required to perform the work to be added, deleted or modified; d. Full release of claims associated with the work order work, or a reservation of claims identified as to each claim reserved, the scope of the work, the maximum cost of the work, and the maximum number of days of Contract time requested, shall be specified. B. Extra Work Payment 1. The following Subarticle replaces the following items: Article 2.83, Extra Work and Payment Therefore, of the Special Conditions of the MCC 7360 Plan.: 2. If Work is ordered, changed, or deleted which is not covered by Unit Prices, then, a NAM must be executed. 3. Extra work, for a complete job, will be paid for in a lump sum or at unit prices agreed to in writing by the Engineer and the Contractor before the extra work is ordered for performing the work. Payment for lump sum work will be based on the following: a. Contractor shall submit to the Engineer an estimated proposal containing a complete breakdown of costs to perform the work to which shall be added an amount equal to fifteen (15) percent of such sum for labor and the total thereof will be full compensation to the Contractor for performing the work which includes overhead and profit, home office expenses for general supervision and for furnishing and repairing small tools and ordinary equipment used in doing the extra work. In addition, the Contractor shall include their labor burden costs of social security taxes, unemployment insurance, worker's compensation, fringe benefits, inclusive of life and health insurance, union dues, pension, pension plans, vacations and insurance and Contractor's public liability and property damage insurance involved in such extra work, based on the wages paid to such labor. Contractor's documentation of the labor burden costs must be provided upon demand by the Engineer. MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 17 b. For all materials used, Contractor will include the estimate total cost of such materials, including taxes and freight charges, to which cost will be, added an amount equal to ten (10) percent thereof; for full compensation that includes overhead, profit and home office expenses. c. For any construction equipment .or special equipment including fuel and lubricant required for the economical performance of extra work, the Engineer will pay the Contractor a rental price, for every hour that such construction equipment or special equipment is estimated to operate on the work. This provision is intended to pay for heavy or special construction equipment; the County shall therefore not pay for small tools and equipment ordinarily used in construction. Where there is a question as to whether payment pursuant to this ·section is valid the Engineer will make the final determination as to the validity of such payment. The hourly rental price of such construction or special equipment will not exceed 1/176 part of the monthly rate stated for such equipment in the latest edition of the "Compilation of Rental Rates for Construction Equipment'' by Associated Equipment Distributors. In the event that the equipment is not owned by the Contractor or his companies and the equipment is rented from a recognized equipment rental company, the Contractor will be paid the estimated time that the equipment will work at the hourly rental rate to which shall be added ten (10) percent for fuel, maintenance and lubrication for rented equipment. 4. Contractor is required to include a statement certifying that the proposal is consistent with the Plans and Specifications and he has reviewed all the costs for extra work and has found them to be accurate, fair and reasonable. If extra work is ordered, it must be included in the Contractor's monthly estimate when Allowance Account funds are available in the Contract for the work actually done. An Allowance Account expenditure form shall be prepared and executed by all appropriate parties to the Contract. If no allowance account funds are available a change order will be issued. 5. The performance of any extra work or the furnishing of any extra material which, in the judgment of the Engineer, is of like character to and susceptible of classification under a unit price item of the Contract shall, if the order of the Engineer shall so provide, be paid for at the unit price bid for such item or items, where Allowance Account funds are available in the Contract with the Contractor's monthly estimate, for the work actually done. Said Allowance Account funds shall be transferred to the various Proposal payment item funds via the Allowance Account expenditure form, to allow payment for this extra work without depletion of the payment item fund. 6. All extra work performed hereunder will be subject to all of the provisions of the Contract. Whenever, in the judgment of the Engineer, such extra work or such extra material is not of like character to and susceptible of classification under a unit price item of the Contract, or the application of the unit price will result in unacceptably high costs to the Department, and it is impracticable because of the nature of the work, or for any other reason, to fix the price before the extra work order is issued, extra work and material will be paid for in the following manner: a. For all labor, including a working foreman in direct charge of the specified operation, the Contractor will receive a sum equal to the current local rate of wages for every hour that the labor is actually performed. For a working foreman who performs labor, the Contractor may charge one hundred (100) percent of his hourly wage rate; for a foreman who only directs workers in the performance of their work, the Contractor may charge the following: twenty five (25) percent of the working foreman's salary for directing up to two workers in their work; fifty (50) percent of sum salary for directing up to four workers in their work; seventy-five (75) percent for directing five workers in their work; and one hundred (l00) percent for directing six workers or more their work, to which shall be added an amount equal to fifteen percent of such sum, and the total thereof shall be full compensation to the Contractor for performing the work, which includes overhead and profit, home office MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 18 expenses, general supervision and for furnishing and repairing small tools and ordinary equipment used in doing the extra work. In addition, the Contractor shall be paid their labor burden costs of social security taxes, unemployment· insurance, worker's compensation, fringe benefits, inclusive of life and health insurance, union dues, pension, pension plans, vacations, and insurance and contractor's public liability and property damage insurance involved in such extra work, based on the actual wages paid to such labor. b. For all materials used, the Contractor shall receive the actual cost of such materials, including freight charges as shown by original receipted bills, to which costs will be added ·an amount equal to ten (10) percent thereof, for full compensation which includes overhead, profit and home office expenses. c. For any construction equipment or special equipment including fuel and lubricants, required for the economical! Performance of extra work, excluding the small tools and ordinary equipment as specified above, the Engineer shall allow the Contractor a rental price to be agreed upon in writing before such work is begun, for every 1 hour that such construction equipment or special equipment is actually operated on the work. Such hourly rental price shall not exceed 1/176 part of the monthly rate stated for such equipment in. the latest edition of the "Compilation of Rental Rates for Construction Equipment" by Associated Equipment Distributors. In the event that the equipment is not owned by the Contractor or his companies and the equipment is rented form a recognized equipment rental company, the Contractor will be paid for every hour that the equipment is actually working at the hourly rental rate to which will be added ten (10) percent for fuel, maintenance and lubricants for rented equipment. 7. Contractor's representative and the Counties representative will compare records of extra work done at the end of each day. Such records will be made in duplicate upon a form provided for such purpose by the Counties representative, and shall be signed by both the counties representative and the Contractor's representative, one copy being submitted to the Engineer and the other being retained by the Contractor. 8. Contractor upon certified statements will submit all claims for extra work done, to which shall be attached the original receipted bills covering the costs of and freight charges on all materials used in such work, and such statements, accompanied by copes of the orders authorizing the performance of the work, shall be submitted to the Engineer for inclusion in the estimate of month. In which the work was actually done, where allowance account funds are available in the contract. If no allowance account fund is available, the extra work shall be paid for, subject to approval of a change order for the work, by the county representative via Expedite Ordinance or the Board of County Commissioners. 9. If required, the Contractor shall produce any books, vouchers, other records, or memoranda .that will assist the Engineer in determining the true, necessary cost of work and materials to be paid for on a cost plus basis. 10. In the event that the Contractor employs a subcontractor to perform his extra work for any portion of the lump sum work, or for any portion of extra work, material or equipment. Contractor may charge an additional ten (10) percent for his full compensation for overhead, profit, home office expenses and general supervision for the portion of work performed by the .subcontractor. 11. The subcontractor must comply with all the requirements of the Contract for his portion of extra work and be compensated as permitted within this Section for the extra work. 12. No additional compensation will be paid for overhead, profit, home office expenses or supervision to any subcontractors working for subcontractors. MCC_SC_1020 Supplementary Conditions Project No. 20250049 00 73 00 - 19 1.23 WARRANTY OF CONSTRUCTION A. For a period of one year, except as provided below, from the date of Final Acceptance, the Contractor warrants that the Work conforms to the Contract requirements and the RPQ requirements and is free of any patent and/or latent defect of the material or workmanship. 1. Exception to the above year warranty: a. Where the manufacturer of material provides a warranty in excess of one (1) year, the Contractor shall provide an assignment of warranty to the County with the manufacturer's written authorization. Contractors shall be obligated to provide to the County copies of all manufacturer's warranties and guarantees. Where the County specifies in an RPQ a warranty greater than one (1) year, such warranty will only be for the specified RPQ. b. The warranty hereunder shall be in addition to whatever rights the County may have under law. The Contractor’s obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part of component thereof) which proves defective or fails to comply with the Contract within the warranty period such that it complies ·with the Contract. c. In the event the Contractor fails to repair or replace defective Work in accordance with the terms of the Contract, the RPQ, and this warranty, the County shall have the right to collect such costs incurred or withhold the cost of the anticipated repairs by offsetting the amount against any payment due the Contractor under any contract between the County and the Contractor. d. The warranty covering defective Work shall be reinstated for a period of one (1) year effective as of the date when the defect is remedied. If the defect is found to have a significant effect on any other part, component or item, the reinstatement of the warranty shall then be extended to cover the part component, or item so affected as well, and shall start as of the date the interrelated parts, components and items function properly. The warranty reinstatement provided for in this paragraph shall apply only to the first replacement or repair of any such item, part and component and, in the case of a failure which has a significant effect on another part, component or item, to the first extension of the said warranty to such affected items, parts and components. e. As specified in the construction documents. All guarantees and warranties under the Contract are fully enforceable by the County acting in its own name. APPENDIX A OF THE SUPPLEMENTARY CONDITIONS (OSHA) FORMS 300, 300A AND 301 U.S. Department of Labor Occupational Safety and Health Administration OSHA’s Form 300 (Rev. 01/2004) Year 20__ __ Log of Work-Related Injuries and Illnesses You must record information about every work-related death and about every work-related injury or illness that involves loss of consciousness, restricted work activity or job transfer, days away from work, or medical treatment beyond first aid. You must also record significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional. You must also record work-related injuries and illnesses that meet any of the specific recording criteria listed in 29 CFR Part 1904.8 through 1904.12. Feel free to use two lines for a single case if you need to. You must complete an Injury and Illness Incident Report (OSHA Form 301) or equivalent form for each injury or illness recorded on this form. If you’re not sure whether a case is recordable, call your local OSHA office for help. Form approved OMB no. 1218-0176 Page ____ of ____ Skin disorder Respiratory condition Poisoning Hearing loss All other illnesses Be sure to transfer these totals to the Summary page (Form 300A) before you post it. Page totals Establishment name ___________________________________________ City ________________________________ State ___________________ Injury Enter the number of days the injured or ill worker was: Check the “Injury” column or choose one type of illness: month/day month/day month/day month/day month/day month/day month/day month/day month/day month/day month/day month/day month/day Public reporting burden for this collection of information is estimated to average 14 minutes per response, including time to review the instructions, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any other aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistical Analysis, Room N-3644, 200 Constitution Avenue, NW, Washington, DC 20210. Do not send the completed forms to this office. (A) (B) (C) (D) (E) (F) (M) (K) (L) (G) (H) (I) (J) Death Days away from work On job transfer or restriction Away from work Attention: This form contains information relating to employee health and must be used in a manner that protects the confidentiality of employees to the extent possible while the information is being used for occupational safety and health purposes. CHECK ONLY ONE box for each case based on the most serious outcome for that case: Job transfer or restriction Other record- able cases Remained at Work ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ (1) (2) (3) (4) (5) (6) (1) (2) (3) (4) (5) (6) Skin disorder Respiratory condition Poisoning Hearing loss All other illnesses Injury Identify the person Describe the case Classify the case Case Employee’s name Job title Date of injury Where the event occurred Describe injury or illness, parts of body affected, of illness or made person ill ( no. or onset and object/substance that directly injured e.g., Second degree burns on e.g., Welder e.g., Loading dock north end right forearm from acetylene torch ( ) ( ) ) _____ ________________________ ____________ __ ____/___ _______ __________________ ____ ___________________ _______________________________ _ ____ ____ _____ ________________________ ____________ __ ____/___ _______ ___________________ ________________________________ __________________ _ ____ ____ _____ ________________________ ____________ __ ____/___ _______ ___________________ ______________________ ____________________________ _ ____ ____ _____ ________________________ ____________ __ ____/___ _______ ___________________ ______________________ ____________________________ _ ____ ____ _____ ________________________ ____________ __ ____/___ _______ ___________________ ___________________ _______________________________ _ ____ ____ _____ ________________________ ____________ __ ____/___ _______ ___________________ ______________________________ ____________________ __ ____ ____ _____ ________________________ ____________ __ ____/___ _______ ___________________ ______________________________ ____________________ __ ____ ____ _____ ________________________ ____________ __ ____/___ _______ ___________________ ______________________________ ____________________ __ ____ ____ _____ ________________________ ____________ __ ____/___ _______ ___________________ ______________________________ ____________________ __ ____ ____ _____ ________________________ ____________ __ ____/___ _______ ___________________ ___________________ _______________________________ __ ____ ____ _____ ________________________ ____________ __ ____/___ _______ ___________________ ______________________________ ____________________ __ ____ ____ _____ ________________________ ____________ __ ____/___ _______ ___________________ ______________________________ ____________________ __ ____ ____ _____ ________________________ ____________ __ ____/___ _______ __________________ ____ ___________________ _______________________________ __ ____ ____ days days days days days days days days days days days days days days days days days days days days days days days days days days U.S. Department of Labor Occupational Safety and Health Administration OSHA’s Form 300A (Rev. 01/2004) Year 20__ __ Summary of Work-Related Injuries and Illnesses Form approved OMB no. 1218-0176 Total number of deaths __________________ Total number of cases with days away from work __________________ Number of Cases Total number of days away from work ___________ Total number of days of job transfer or restriction ___________ Number of Days Post this Summary page from February 1 to April 30 of the year following the year covered by the form. All establishments covered by Part 1904 must complete this Summary page, even if no work-related injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category. Then write the totals below, making sure you’ve added the entries from every page of the Log. If you had no cases, write “0.” Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR Part 1904.35, in OSHA’s recordkeeping rule, for further details on the access provisions for these forms. Establishment information Employment information Your establishment name __________________________________________ Street _________________________ _______ City ____________________________ State ______ ZIP _________ Industry description ( ) _______________________________________________________ Standard Industrial Classification (SIC), if known ( ) ____ ____ ____ ____ North American Industrial Classification (NAICS), if known (e.g., 336212) e.g., Manufacture of motor truck trailers e.g., 3715 (I ee the Worksheet on the back of this page to estimate.) _____________________ OR ____ ____ ____ ____ ____ ____ Annual average number of employees ______________ Total hours worked by all employees last year ______________ f you don’t have these figures, s Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. ___________________________________________________________ ___________________________________________________________ Company executive Title Phone Date ( ) - / / Public reporting burden for this collection of information is estimated to average 58 minutes per response, including time to review the instructions, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any other aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistical Analysis, Room N-3644, 200 Constitution Avenue, NW, Washington, DC 20210. Do not send the completed forms to this office. Total number of . . . Skin disorders ______ Respiratory conditions ______ Injuries ______ Injury and Illness Types Poisonings ______ Hearing loss All other illnesses ______ ______ (G) (H) (I) (J) (K) (L) (M) (1) (2) (3) (4) (5) (6) Total number of cases with job transfer or restriction __________________ Total number of other recordable cases __________________ Information about the employee Information about the physician or other health care professional Full name Street City State ZIP Date of birth Date hired Male Female Name of physician or other health care professional If treatment was given away from the worksite, where was it given? Facility Street City State ZIP Was employee treated in an emergency room? Yes No Was employee hospitalized overnight as an in-patient? Yes No _____________________________________________________________ ________________________________________________________________ ______________________________________ _________ ___________ ______ / _____ / ______ ______ / _____ / ______ __________________________ ________________________________________________________________________ _________________________________________________________________ _______________________________________________________________ ______________________________________ _________ ___________ U.S. Department of Labor Occupational Safety and Health Administration OSHA’s Form 301 Injury and Illness Incident Report Form approved OMB no. 1218-0176 This is one of the first forms you must fill out when a recordable work- related injury or illness has occurred. Together with the and the accompanying these forms help the employer and OSHA develop a picture of the extent and severity of work-related incidents. Within 7 calendar days after you receive information that a recordable work-related injury or illness has occurred, you must fill out this form or an equivalent. Some state workers’ compensation, insurance, or other reports may be acceptable substitutes. To be considered an equivalent form, any substitute must contain all the information asked for on this form. According to Public Law 91-596 and 29 CFR 1904, OSHA’s recordkeeping rule, you must keep this form on file for 5 years following the year to which it pertains. If you need additional copies of this form, you may photocopy and use as many as you need. Injury and Illness Incident Report Log of Work-Related Injuries and Illnesses Summary, Information about the case Case number from the Date of injury or illness Time employee began work Time of event Check if time cannot be determined Date of death Log _____________________ (Transfer the case number from the Log after you record the case.) ______ / _____ / ______ ____________________ ____________________ ______ / _____ / ______ AM / PM AM / PM What was the employee doing just before the incident occurred? What happened? What was the injury or illness? What object or substance directly harmed the employee? If the employee died, when did death occur? Describe the activity, as well as the tools, equipment, or material the employee was using. Be specific. “climbing a ladder while carrying roofing materials”; “spraying chlorine from hand sprayer”; “daily computer key-entry.” Tell us how the injury occurred. “When ladder slipped on wet floor, worker fell 20 feet”; “Worker was sprayed with chlorine when gasket broke during replacement”; “Worker developed soreness in wrist over time.” Tell us the part of the body that was affected and how it was affected; be more specific than “hurt,” “pain,” or sore.” “strained back”; “chemical burn, hand”; “carpal tunnel syndrome.” “concrete floor”; “chlorine”; “radial arm saw.” Examples: Examples: Examples: Examples: If this question does not apply to the incident, leave it blank. Completed by Title Phone Date _______________________________________________________ _________________________________________________________________ (________)_________--_____________ _____/ ______